RICHMOND, Va. — The Virginia NAACP plans to sue Gov. Glenn Youngkin's administration to obtain public records on the state's office for diversity, equity and inclusion (DEI), the civil rights organization announced Tuesday.
The NAACP alleges that Youngkin's office didn't produce the records they requested in August 2023, which they argue is a violation of the Virginia Freedom of Information Act (FOIA). The organization said the records would uncover if and how the Youngkin administration is complying with state laws on DEI.
According to the NAACP's letter of intent to file a lawsuit, Youngkin's FOIA officer Denise Burch claimed the organization's request was too broad and costly. But after the request was revised, the FOIA office still didn't provide records, the NAACP said.
“The purpose of today's action, like all the actions we have taken, is to seek full transparency and to hold the Youngkin administration accountable," Virginia NAACP President Cozy Bailey Sr. wrote in a news release. "Virginians, especially people of color, deserve to know what this administration is doing in its Office of Diversity, Equity and Inclusion."
Under Virginia state law enacted in 2020, the governor is required to appoint a DEI director as part of their cabinet. According to the law, they are responsible for promoting inclusivity across the state government, addressing systemic inequities in government practices and turning feedback into equity policy.
When Youngkin took office in 2022, he signed an executive order replacing the term "equity" with "opportunity" in the office's name. His appointee to lead the office, Martin Brown, garnered controversy for stating that DEI was "dead" during a 2023 speech at the Virginia Military Institute (VMI).
Youngkin has previously criticized the concept of equity as going too far, arguing that merit and excellence were being compromised to achieve equal outcomes. But others, including former Virginia Gov. Doug Wilder, have defended equity as being fair.
In his written statement, Bailey suggested his organization will challenge any efforts to limit or outright eliminate DEI practices in state government.
"We look forward to our day in court," Bailey wrote.
In a statement provided to 13News Now, Youngkin's Press Secretary Christian Martinez expressed hope that a resolution with the Virginia NAACP will be found:
"The Governor’s Office’s career FOIA Officer previously communicated with the NAACP and will continue reasonable efforts to resolve the areas of disagreement regarding this FOIA request. The Administration believes in government transparency and adheres to all FOIA laws and regularly processes a large number of requests each month. But in this matter, because of the extraordinary numbers of documents sought, a legitimate issue involving the best method for document search and production has arisen. We expect further discussions to occur to seek a resolution per the statute."
