A DECADE AFTER HURRICANE KATRINA: TITLE VI PROTECTIONS AND RESPONSIBILITIES IN EMERGENCIES AND DISASTERS

This document is provided for historical purposes only.  The Department of Justice will not use, cite, or rely on this document except to establish historic fact.  There should be no expectation that the information contained in this document is current or correct.

Ten years ago, Hurricane Katrina devastated the Gulf Coast communities of Louisiana, Mississippi, and Alabama.Weeks later, Hurricane Rita hit the region, which was still struggling with the impact of Katrina.Over 1,800 people died, thousands lost both their homes and the communities they developed over generations.The effects of Katrina and Rita continue to reverberate throughout the Gulf Coast and continue to influence the tenor of emergency and disaster preparedness, response, and recovery activities.As we mark the 10^th anniversary of these devastating events, it is important to learn from the experience of Katrina, Rita, and subsequent emergencies and disasters and to remember that the antidiscrimination mandate of Title VI of the Civil Rights Act of 1964 compels us to address the inequities facing vulnerable communities during and after emergencies and disasters.

Title VI’s prohibition of discrimination on the basis of race, color, and national origin in all federally assisted programs and activities includes emergency and disaster-related operations.  Those operations may consist of planning and preparedness activities, first responder services, provision of health care and social services, emergency housing and shelter, emergency food banks, law enforcement response, public transit, school and childcare services, and post-emergency relief such as small business loans or housing assistance.

We cannot forget the images of New Orleans residents stranded on rooftops by the flood waters during Hurricane Katrina, revealing the need to examine evacuation procedures and to better incorporate the needs of those dependant on public transportation.  The post-Katrina documented discriminatory rental advertisements that targeted African-Americans and people with children exemplified the barriers residents faced in their time of need and was the subject of several lawsuits culminating in a $2.5 million settlement agreement with St. Bernard Parish.  Later emergency events further highlighted the increased vulnerability communities of color experience.  During the 2007 San Diego fires, reports of Latinos unlawfully denied access to emergency shelters were widespread.  Additionally, vital emergency-related information was often not translated into appropriate languages and interpreters were generally unavailable, denying critical information to limited English proficient residents.  Nearly two years after Hurricane Sandy hit in 2012, the Department of Housing and Urban Development (HUD) reached a $240 million settlement agreement with the state of New Jersey resulting from HUD’s investigation of allegations that African-Americans and Latinos were denied recovery and rebuilding assistance in disproportionate numbers.  The settlement provided for direct housing assistance to low income households, reevaluation of all denied applications, and enhanced outreach to the LEP population.

            Title VI protections are not waived in an emergency.  Recipients of federal financial assistance engaged in emergency management activities, as well as those that provide emergency related services, such as health providers and law enforcement, must comply with Title VI.  In fact, taking into account these requirements becomes even more important during emergencies, in order to ensure that no one is unjustly denied the services and support they need during times of crisis.   

            In the past decade, federal agencies have made strides in integrating Title VI considerations in emergency and disaster preparation, response, and recovery.  For example, the National Response Framework and the National Disaster Recovery Framework, guides on the nation’s response to disasters and emergencies, incorporate Title VI’s nondiscrimination principles and emphasize the importance of providing equal access to emergency related services.

Federal agency civil rights offices must continue to collaborate with their agencies’ funding and grants administration components that fund emergency related activities to assist their recipients in fully incorporating Title VI protections in emergency preparedness, response and recovery activities.  Experience has shown that where federal agency civil rights offices actively foster a relationship with the funding and grants administration components, effective Title VI enforcement and technical assistance can begin at the inception of the federal financial assistance rather than as a reactionary effort during throes of an emergency situation.  Furthermore, encouraging recipients to engage directly with vulnerable populations through community and faith-based organizations and legal aid organizations that represent them can ensure the inclusion of the whole community in emergency and disaster-related programs and activities, well before a catastrophic event.  It is also critical to raising the public’s awareness of available emergency or disaster recovery assistance. 

            Federal agencies continue to develop guidance for their recipients and the public so that everyone is able to benefit from available emergency related services.  Outreach to affected communities and the collection and analysis of data on those impacted by a disaster and those accessing benefits can help us avoid mistakes of the past and provide greater protection for all in the future.