In the latest front in the nationwide fight against the criminalization of poverty, on October 31, 2019, the American Civil Liberties Union, ACLU of South Carolina, Terrell Marshall Law Group PLLC, Southern Poverty Law Center, and South Carolina Appleseed Legal Justice Center filed a federal lawsuit challenging South Carolina’s policy of automatically suspending the driver’s licenses of people with unpaid traffic tickets. The South Carolina Department of Motor Vehicles does not ensure that people who cannot pay will not lose their licenses in violation of the Fourteenth Amendment’s promise of due process and equal protection under the law. South Carolina’s wealth-based license suspensions impact more than 190,000 people, funneling those who are unable to pay, particularly poor people of color, deep into cycles of poverty, job loss, traffic violations, and entanglement with the legal system.

It is critical that the Fifth Circuit Court of Appeals clarify that the Fourth Amendment applies to the use of force against schoolchildren. J.W. v. Paley involves Fourteenth and Fourth Amendment claims stemming from a police officer tasing a high school student with disabilities who was attempting to exit the school building to calm down following an incident with another student. The district court dismissed the Fourteenth Amendment claim based on precedent, but allowed the Fourth Amendment claim to proceed, denying qualified immunity to the officer. The Fifth Circuit, however, reversed the lower court’s decision regarding the Fourth Amendment claim, ultimately leaving schoolchildren without any constitutional protection from excessive force by law enforcement in the Fifth Circuit.

In July 2021, the ACLU, the ACLU of Montana, and the Native American Rights Fund (NARF) filed a class-action lawsuit on behalf of five Indian Nations and 18 individual plaintiffs challenging the state of Montana’s failure to fulfill its constitutional mandate to teach public school students the history and culture of the first peoples of Montana in consultation with local tribes.

The American Civil Liberties Union and ACLU of Minnesota sued the City of Faribault, Minnesota for its unconstitutional rental licensing ordinance, aimed at reducing the number of people of color living in rental housing within its borders.