NAACP Legal Defense & Educational Fund, Inc. (LDF) June 2021 Impact Report

2021

Introduction During the past year, which was one of the most challenging periods for civil rights in our nation’s history, the NAACP Legal Defense and Educational Fund, Inc. (LDF) fought to protect the rights of Black Americans and advance racial justice.

As the country’s foremost civil rights law firm for 81 years, LDF was uniquely positioned to lead the country through the recent—and ongoing—trifecta of crises. Since May 2020, LDF has elevated its leadership role in ending police brutality and shaping the narrative on public safety, addressing the growing inequalities experienced by Black communities in the wake of COVID-19, and defending our democracy against a new and dangerous wave of voter suppression and violent white supremacists.

Over the past year, LDF secured key victories in the courts, advanced essential legislation, informed national discourse, and provided public education. While the following report highlights LDF’s impact on policing reform, voting rights, and pandemic-related issues, this tranche of work was conducted in addition to LDF’s existing litigation, advocacy, and education efforts in its four programmatic areas: political participation, criminal justice, education equity, and economic justice. As we face the challenges and opportunities that lie ahead, we take this time to look back and reflect on all we have achieved over the past year, and to thank you for providing the critical support that made our work possible.

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Reimagining Public Safety

LDF IMPACT 2021

LDF’S IMPACT IN MARYLAND Maryland’s Public Information Act had long been interpreted to block the release of a law enforcement officer’s misconduct complaints and disciplinary files, leading to inadequate investigations and lack of accountability. In April 2021, Last summer the murder of George Floyd by a Minneapolis Police officer catalyzed an international movement demanding an end to wanton police violence and empowered an effort to transform public safety that continues to this day. LDF responded by deepening our work to improve police accountability and transparency at the federal, state, and local levels and protected the rights of peaceful protesters to have their voices heard free from militarized police violence.

after advocacy efforts by LDF and others, Anton’s Law amended the Maryland Public Information Act to allow the release of police misconduct complaint records to the public regardless of how a complaint is classified or how an investigation is concluded.

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Reimagining Public Safety

LDF IMPACT 2021

Demanding Changes to Police Accountability

Protecting Peaceful Protesters

Within days of George Floyd’s murder, LDF released its demands for police accountability and public safety to elected officials and policymakers at federal, state, and local levels.

LDF filed a federal lawsuit challenging Florida’s anti-protest law, which violates protesters’ First Amendment rights and targets Black communities by criminalizing demands for racial justice.

LDF President and Director-Counsel Sherrilyn Ifill wrote one of the earliest pieces laying out a blueprint for a new set of initiatives to address racial discrimination and brutality in policing. The measures she identified in that article emerged as the core focus of reform measures across the country.

LDF filed lawsuits against Philadelphia and Louisville over the use of excessive and unwarranted militaristic force and weapons by law enforcement against peaceful protesters.

LDF called for Kentucky’s Attorney General to launch a new grand jury investigation of Breonna Taylor’s killing in our report Justice Denied.

LDF sued the City of New York for race discrimination, police brutality, and violating the free speech of a Black protester who was attacked by a New York Police Department officer during a 2020 racial justice protest.

LDF released Community Oversight of Police Union Contracts, a toolkit for police accountability advocates to engage in police union contract discussions.

JUSTICE DENIED

LDF won our case against former Attorney General Barr, in which we challenged the formation and conduct of his Presidential Law Enforcement Commission. The Court found that the Commission failed to meet the required standards of transparency, balance in membership, and additional procedural measures.

APPENDIX A

A Call for a New Grand Jury Investigation into the Shooting of

A report from the Justice in Public Safety Project of the NAACP Legal Defense and Educational Fund, Inc. (LDF)

COLLECTIVE BARGAINING AGREEMENTS OF POLICE DEPARTMENTS SERVING THE LARGEST CITIES IN THE UNITED STATES 1

NOVEMBER 2020

AUGUST 2020

COMMUNITY OVERSIGHT OF POLICE UNION CONTRACTS

CITY

NAME OF COLLECTIVE BARGAINING AGREEMENT

EFFECTIVE DATE

RELEVANT PROVISIONS

Albuquerque, NM

City of Albuquerque and Albuquerque Police Officers Association – Collective Bargaining Agreement (On file at LDF)

July 7, 2018 – June 30, 2020

Article 18 (Personnel Files and Records) Article 20 (Investigation and Discipline) Article 21 (Grievance and Appeal Procedures)

Anaheim, CA

Memorandum of Understanding between the Anaheim Police Association and the City of Anaheim

June 28, 2019 – July 3, 2025

Article 29 (Salary Step Reduction,

Anchorage, AK

Collective Bargaining Agreement between Anchorage Police Department Employees Association (APDEA) and Municipality of Anchorage

January 1, 2018 – December 31, 2020

Article V (Bill of Rights and Grievance Procedure) Article VI, Section 11 (Discipline and Proper Notice)

Aurora, CO2

Agreement between the City of Aurora and Aurora Police Association

January 1, 2019 – December 31, 2020

No references to disciplinary procedures.

Suspension, DemotionIN andTHE Dismissal) A TOOLKIT FOR PUBLIC ENGAGEMENT NEGOTIATION OF POLICE COLLECTIVE BARGAINING AGREEMENTS*

November 15, 2018 – Marchcity 31, 2023 Article 16 (Civilian Oversight For several years, officials, researchers andof the Austin (may be superseded by a new Police Department) activists have lamented that police contracts have agreement effective after September Article 17union (Protected Rights of Officers) 30, 2022) Article 18 (Disciplinary Actions, Demotions been used to shield officers from discipline and created & Appeals) barriers to the timely and thorough investigation of Bakersfield, CA Memorandum of Understanding between Representatives of July 1, 2019 – June 30, 2022 No references to disciplinary procedures.

(Police Officers) Management for the City of Bakersfield and Bakersfield Policepolice misconduct complaints. The NAACP Legal Defense Officers Association and Education Fund, Inc. (“LDF”) has prepared this toolkit support police accountability efforts of activists Memorandum of Understanding between the Baltimore July 1,to 2018 – June 30, 2021 Article 16 (Discipline) Baltimore, MD City Police Department and the Baltimore City Lodge No. 3, and advocates nationwide by providing a resource (Police) Fraternal Order of Police, Inc., Unit I, Police Officers, Police that will allow them to engage in police union contract Agents and Flight Officers, Fiscal Years 2019-2021 discussions. This toolkit includes a list of questions that Baltimore, MD Memorandum of Understanding between the Baltimore July 1, 2018 – June 30, 2021 Article 16 (Discipline) (Sergeants and City Police Department and the Baltimore City Lodge No. 3, members of the public can pose to government officials Lieutenants) Fraternal Order of Police, Inc., Unit II, Police Sergeants and to determine whether a police union contract in their city Police Lieutenants, Fiscal years 2019-2021 contains provisions that inhibit investigations of police misconduct complaints or shield officers from discipline.

City Mayors Statistics, The largest U.S. Cities: Cities ranked 1 to 100, http://www.citymayors.com/gratis/uscities_100.html.

The Aurora police officers have a new bargaining union (the Fraternal Order of Police’s Lodge 49) asThe of October 2019.is A news article indicated negotiationsaddressing for a new contract were toolkit divided into sixthatsections expected to commence in April 2020: https://sentinelcolorado.com/uncategorized/a-more-perfect-union-aurora-police-change-bargaining-union-for-first-time-in-47-years/ different areas of concern that LDF has identified Austin, TX

Agreement Between the City of Austin and the Austin Police Association

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through a review of police union contracts in 82 of the country’s largest cities: (1) delays in interviewing officers accused of misconduct; (2) limits on time periods for imposing discipline on officers accused of misconduct;

OVER THE YEARS, ACTIVISTS IN CITIES ACROSS THE COUNTRY HAVE MADE PUBLIC DEMANDS FOR CHANGES TO POLICE UNION CONTRACTS. YOU CAN TOO.

* Acknowledgements and Disclaimer: LDF’s Policing Reform Campaign published this toolkit with the generous pro bono support of the Orrick law firm.

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Our focus on police union contracts began in 2015 with a partnership with Campaign Zero, a national organization that has provided important contributions to the public’s understanding of how police union contracts can advance a regime of impunity for police officer misconduct. The information provided in this document and appendices do not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only. LDF is committed to ending police violence, promoting police accountability, and supporting public safety models that drastically reduce the presence of armed law enforcement in Black and Brown communities.

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Reimagining Public Safety

LDF IMPACT 2021

Advocating for Legislative Change We provided testimony at Congressional hearings on police violence and racial injustice, including advocating for the passage of the George Floyd Justice in Policing Act. LDF called on the U.S. Department of Justice (DOJ) to withhold funding from law enforcement agencies that violate Title VI of the Civil Rights Act of 1964. We reiterated this plea for urgent action by the DOJ after the release of body-worn camera footage in the fatal police shooting of 13-year-old Adam Toledo.

Following key testimony from LDF, New York State repealed §50-a, which prohibited the public disclosure of police disciplinary records. LDF’s two amicus briefs defended against subsequent attempts by unions to reverse the repeal of §50-a.

Community-Level Reform Through our Justice in Public Safety Project (JPP), LDF monitored and supported policing reform initiatives in target cities — Baltimore, Ferguson/St. Louis, New York, North Charleston, and Tulsa — and empowered residents to be part of the process.

FIVE MEASURES FOR ENSURING POLICE ACCOUNTABILITY IN MARYLAND In Maryland and across the United States, policymakers, advocates, and the public have demanded police accountability in the aftermath of police killings of unarmed Black residents. The NAACP Legal Defense Fund joins a coalition of Marylanders who are advancing five policy demands to ensure that law enforcement in the state are held accountable for police abuse and misconduct.

MARYLAND POLICYMAKERS MUST:

JPP’s efforts on the legislative front were critical to the passage of Maryland’s new police accountability laws, setting a template for work in other jurisdictions.

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We released “We Are Not Lesser,” a report outlining the Tulsa Police Department’s disparate policing practices of Tulsa’s Black communities and recommending changes to end the over-policing of Black communities.

3

Repeal the Law Enforcement Officers’ Bill of Rights.

In the 1970s, Maryland became the first state to pass a Law Enforcement Officers’ Bill of Rights (LEOBR), which provides special rights to officers being investigated for misconduct that are not extended to most public employees, such as delays in the questioning of officers for misconduct. Maryland policymakers must repeal the state’s LEOBR and join most states that do not shield officers from adequate accountability.

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Allow access to officer personnel files regarding misconduct.

Currently, misconduct complaints against police officers are investigated in a shroud of secrecy because state law has been interpreted to prohibit the release of officer disciplinary records.

Maryland should join the growing list of states that make police disciplinary records public and amend the Maryland Public Information Act to allow access to officers’ personnel files relating to misconduct investigations and discipline.

Reinstate Baltimore’s Control over its Police Department.

The Baltimore Police Department has been a state agency since the 1800s. Consequently, Baltimore City is the only locality in Maryland without authority over its own police department. Restoring Baltimore’s control over its law enforcement agency isn’t just the equitable thing to do; it will also bring much-needed direct local oversight

NY (212) 965-2200

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DC (202) 682-1300

and the ability to enact police accountability measures in the same manner as any other municipality in the state.

4

Create Statutory Limits on the Use of Force by Law Enforcement.

Maryland is one of the few states that does not have a statutory limit on police officers’ use of force. It instead relies on the constitutional standard for evaluating officers’ use of force under the Fourth Amendment of the U.S. Constitution based on what an “objectively reasonable” officer would do. Under this standard, law enforcement in Maryland have killed or seriously injured people, disproportionately people of color, with impunity. Policymakers must create a standard that allows the use of force only when necessary and as a last resort.

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Remove Law Enforcement from our Schools. The evidence is clear that police presence in schools substantially increases the likelihood that students, disproportionately students of color, will face arrest for behaviors, often age-appropriate behaviors, that are better addressed with other methods. Maryland must move away from reliance on school police and towards adopting effective behavior supports and intervention strategies that improve school climates and keep students in school and learning.

The Maryland General Assembly must adopt these five meaningful measures to increase police accountability, transparency, and community oversight of law enforcement.

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The landscape of policing is slowly changing, with encouraging progress earned through hard-fought advocacy by LDF, grassroots organizations, impacted families, and communities across the nation. We documented this progress on a dedicated webpage.

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COVID-19

LDF IMPACT 2021

LDF’S IMPACT IN SCHOOLS LDF fought to ensure that pandemic-related school closures did not derail the education and well-being of children or widen preexisting education inequities. Throughout the pandemic, we have been laser-focused on ensuring students of color, especially LDF school desegregation clients in the Black communities are disproportionately suffering from the ongoing social and economic effects of COVID-19. Many were already under-resourced, and the pandemic further exacerbated racial disparities. LDF continues to work to support Black communities, including advocating for equity in vaccine distribution and access to economic relief and education.

South, receive adequate and timely access to school meals, meaningful instruction, and the tools they need for virtual learning.

This work will continue as students across the country return to classrooms after a difficult and isolating year.

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COVID-19

LDF IMPACT 2021

Keeping Our Communities Healthy Our publications—reports and briefs on the structural racism in the economy, criminal justice, housing, and health care delivery systems—exposed the Black population’s vulnerability to the pandemic and ensured the devastating effects of the crisis were known and not ignored by lawmakers or the media.

LDF’s Thurgood Marshall Institute (TMI) researched and published our findings on racial disparities in COVID-19 vaccine access throughout the country, including Alabama, Florida, Washington, DC, Chicago, and New York City.

We used our convening power to bring together civil rights groups to demand that state and local governments across the South act immediately to protect adults and youth who are confined in correctional and juvenile facilities from COVID-19, including our April 2020 class action lawsuit against Arkansas state officials over inadequate measures to protect incarcerated people from COVID-19 infection, illness, and death in the state’s correctional facilities.

LDF took legal action against the City of Detroit, Vision Property Management, and HUD for practices that disproportionately impacted Black communities struggling during the pandemic.

Ensuring the Education and Well-Being of Black Students During the Pandemic LDF successfully secured student nutrition access and advocated for access to distance learning in school districts in Alabama and Louisiana.

As co-chair of the Education Task Force of the Leadership Conference on Civil and Human Rights, LDF convened a national call and published, along with 22 other national organizations, recommendations for providing equitable education during the pandemic.

LDF advocated directly to internet service providers to ensure high-speed broadband access for needy students and teachers in communities throughout the country.

TMI devoted an episode of our podcast Justice Above All to the physical and mental health implications of a return to school for Black families and offered solutions for parents navigating these unprecedented times.

Protecting Our Communities from the Economic Effects of the Pandemic LDF advocated for COVID-19 relief legislation, including the CARES and Heroes Acts, state and federal moratoriums on evictions, foreclosures, and utility shutoffs; moratoriums on garnishments, freezing of bank accounts, and debt collection activities; and restoration of disconnected utilities.

LDF testified before numerous Congressional committees, briefed House and Senate leaders, and engaged the U.S. Conference of Mayors and the African American Mayors’ Association to address COVID-19-related economic challenges facing our communities.

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Securing Free and Fair Elections

LDF IMPACT 2021

NAACP V. USPS: AN HISTORIC VICTORY Shortly after Louis DeJoy was appointed Postmaster General last summer, the United States Postal Service (USPS) In 2020, Black voters were forced to repeatedly endure and overcome obstacles designed to stop them from accessing the right to vote and having their votes counted. These challenges were particularly compounded by the pandemic crisis, which took a disproportionate toll in Black communities. Despite the erection of barriers designed to undermine electoral participation, Black voters turned out in historic numbers for the general election and the Georgia run-off election. The backlash to that turnout has been an even more concerted voter suppression effort.

Fueled by the myth of voter fraud, these activities have resulted in nearly 400 voter suppression bills being introduced or passed in 47 states. LDF is fighting these anti-democratic measures state by state through vehement opposition, community education and mobilization, legislative testimony, and litigation in the federal courts.

imposed changes to its mail delivery policies that violated federal law and led to widespread disruptions in mail distribution, risking delays in the delivery of mail-in ballots. LDF sued the USPS for voter disenfranchisement and won, thus ensuring that all votes cast by mail were counted. As part of its decision, the Court ordered the USPS to take extraordinary measures to ensure timely ballot delivery. We also attained an agreement requiring the USPS to prioritize and expedite ballot delivery for Georgia’s runoff election.

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Securing Free and Fair Elections Fighting Voter Suppression in the Courts and Legislatures In partnership with other civil rights organizations, LDF filed a lawsuit challenging Georgia’s Election Integrity Act of 2021 (S.B. 202).

LDF filed a lawsuit challenging Florida’s new voter suppression law (S.B. 90).

LDF submitted testimony opposing 2021 voter suppression bills in Georgia, Texas, Michigan, South Carolina, and Louisiana.

LDF IMPACT 2021

LDF fought prison-based gerrymandering in the Commonwealth of Pennsylvania, where the state counts incarcerated people as residents of the prison where they are being temporarily held artificially inflating white, rural votes.

We pressed for passage of the For the People Act and the John Lewis Voting Rights Advancement Act, as federal legislation would prevent state-bystate erosion of voting rights.

In NAACP v. USPS, LDF secured a critical 2020 election protection victory. In the lawsuit we argued that recent changes by USPS led to disruptions in mail delivery that risked delaying the delivery of mail-in ballots, thereby causing voter disenfranchisement. Per LDF’s win, the USPS was required to prioritize and expedite ballot delivery for Georgia’s runoff election.

We filed suit against Donald Trump, the Trump Campaign, and the Republican National Committee for violations of the Voting Rights Act of 1965, citing their attempts to overturn the election by disenfranchising Black voters in Michigan.

During the 2020 election cycle, LDF filed emergency lawsuits challenging measures that exploited the pandemic to suppress Black and other marginalized voters. LDF secured a three-day extension of early voting and vote-by-mail for Louisiana voters; pushed South Carolina to permit no-excuse voting and secured several weeks of primary election absentee voting; and secured an injunction against photo ID and witness requirements, and a temporary ban on curbside voting for Alabama voters.

LDF challenged wealth-based hurdles to voting in Florida, where we continue to fight for the rights of returning citizens.

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Securing Free and Fair Elections

LDF IMPACT 2021

Voter Education and Election Protection

Expanding Reach with Key Partnerships

LDF’s Voting Rights Defender project trained a recordbreaking 1,300 volunteers to monitor for barriers to voting in 11 states during the primary and general elections.

LDF partnered with LeBron James’ More Than a Vote to address the poll worker shortage created

by COVID-19. The campaign recruited over 42,000 people to work at polling locations in vulnerable Black communities.

LDF identified obstacles to voting, advocated with local election officials to ensure access, and engaged in “trouble-shooting,” pushing election officials to solve problems such as malfunctioning voting machines, long lines, voter intimidation, and polling place changes. These efforts ensured that eligible voters could cast their ballots.

Our Prepared to Vote team ensured voters were ready for the 2020 election by equipping them with nonpartisan election information. LDF mailed voter information and personal protective equipment (PPE) to more than 2 million households, launched a microsite where voters could access information and report voting rights violations/irregularities, and used text messaging and social media to inform voters in real time.

In partnership with Asian Americans Advancing Justice | AAJC and the Mexican American Legal Defense and Educational Fund (MALDEF), LDF published Power on the Line(s): Making Redistricting Work for Us, a guide on redistricting and ways to engage the public in the redistricting process.

We launched a powerful online campaign that joined the mobilization against police brutality with voter turnout. With the permission of families of victims of police violence—including George Floyd, Breonna Taylor, Walter Scott, Terence Crutcher, and others—LDF commissioned original art by artists of color to encourage voter participation in the name of victims. The powerful online campaign (“They Can’t. We Can.”) channeled concerned citizens to use the power of the vote.

VOTING.NAACPLDF.ORG

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Shaping the Narrative LDF is a leader in shaping the public narrative on civil rights and racial discrimination, affording context, facts, and solutions. Through multi-platform strategies, LDF educated broad audiences and informed policy and legal debates on civil rights. The voice of LDF is unique and influential.

LDF IMPACT 2021

Amplifying Our Impact To advance racial justice, LDF engaged business leaders to stand up for democratic principles and publicly denounce government efforts to suppress the Black vote. Ifill wrote a widely read op-ed in The Economist about corporate responsibility to push back against voter suppression, and she made numerous appearances on national media programs as the controversy over the corporate response to new voter suppression bills unfolded. Appearing on national media platforms, including CNBC’s Squawk Box, Ifill has powerfully represented the civil rights community’s demands of corporate and business leadership in the fight against voter suppression.

Through high-profile media appearances—including Face the Nation, 60 Minutes, The Rachel Maddow Show, The Situation Room with Wolf Blitzer, All In with Chris Hayes, Late Night with Stephen Colbert, and The Daily Show with Trevor Noah—along with extensive social media engagement, LDF informed national discourse on reimagining public safety, providing historical context and spotlighting existing issues. Ifill’s 60 Minutes appearance in early June 2020 as protests unfolded across the country, was lauded as a powerful presentation of the critical moment facing American democracy.

LDF testified before the Senate Judiciary Committee during the hearing “Jim Crow 2021: The Latest Assault on the Right to Vote,” and called on Congress to fully restore the Voting Rights Act in testimony before the House Subcommittee on the Constitution, Civil Rights and Civil Liberties.

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Shaping the Narrative

LDF IMPACT 2021

LDF called on the Senate to restore integrity and equal justice under the law within the Justice Department by confirming former LDF attorneys Vanita Gupta as Associate Attorney General and Kristen Clarke as Assistant Attorney General for Civil Rights. Ms. Gupta was confirmed in April 2021 and Ms. Clarke in May 2021.

In November, Ifill penned an op-ed discussing the false narrative that the general election went “smoothly” and describing the breadth and depth of voter suppression that marked the 2020 election cycle, citing the information gathered in LDF’s extensive election protection and poll-monitoring efforts in the primary and general elections.

Ifill and LDF Associate Director-Counsel Janai Nelson were featured along with 20 other activists in a section of the September issue of Vanity Fair, guest edited by the award-winning writer Ta-Nehisi Coates. Ifill was named one of Glamour’s Women of the Year for 2020 alongside the nurses of Elmhurst Hospital, actress Regina King, activist Dolores Huerta, and Atlanta Mayor Keisha Lance Bottoms. The value in this recognition lies in the attention it brings to LDF and our work.

In April, after the devastating massacre that targeted Asian American women in Atlanta, Ifill participated in multiple high-profile media appearances to reinforce the solidarity between the Black and Asian American civil rights communities, and joined Asian Americans Advancing Justice| AAJC President John C. Yang in a Washington Post Live discussion moderated by reporter Michelle Ye Hee Lee to talk about allyship across communities fighting for racial justice.

We sued the Trump Administration’s over its Executive Order on Combating Race and Sex Stereotyping, that prohibited speech addressing diversity and inclusion.

LDF argued that the “Trump Truth Ban” violated free speech and strangled workplace attempts to address systemic race and sex discrimination.

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Thank you In an unprecedented year for our country and our democracy, LDF was called on to speak, litigate, analyze, educate, and lead. We advocated for a reimagined vision of public safety, defended our communities from the ravages of COVID-19, and fought to ensure voter enfranchisement and participation for our communities.

Our work over the past year builds upon our 81-year history of civil rights victories and underscores our great responsibility to achieve equal justice for current and future generations.

LDF’s mission has always been transformative: to achieve racial justice, equality, and an inclusive society. Thank you for helping to advance LDF’s mission.

We are fighting for you and with you.

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