RICHMOND, Va. — The Virginia NAACP has filed a lawsuit against Gov. Glenn Youngkin's office, accusing it of failing to provide public records on the state's office for diversity, equity and inclusion (DEI).
The civil rights organization announced the lawsuit's filing in the Richmond Circuit Court on Monday, nearly a week after they announced their plan of action against the Republican governor.
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.
"This administration has no clue about the need for diversity, equity and inclusion actions and programs within this commonwealth, nor do they care," said Rev. Cozy Bailey, president of the Virginia NAACP.
Bailey claims Commonwealth Diversity, Opportunity and Inclusion Officer Martin Brown has not come up with a concrete plan of action to address equity issues in state government, as required by Virginia law.
"Where is the documented policy, you know, not the political speeches? What is the policy that is in accordance with the requirements of that law," asked Bailey.
The organization said it also sought records of Youngkin's communications with state universities regarding DEI and related efforts.
According to the NAACP's lawsuit, Youngkin's FOIA Officer Denise Burch claimed the organization's request was too broad and costly. But after the request was revised, the NAACP said the FOIA office still didn't provide records.
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). Bailey thinks the FOIA delay is the result of inaction by Brown and Youngkin.
"Since the Governor and his administration had no plans to adhere to the statute, that there really was no data for them to give to us, they would resort to stalling tactics," he said.
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.
13News Now reached out to Youngkin's office for comment on the lawsuit, who reshared a statement from last week.
"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." - Youngkin's Press Secretary Christian Martinez