Charges of race discrimination are a big part of the Arlington County Board’s high-occupancy toll lanes lawsuit against Virginia and the federal government, which accuses several federal and state transportation officials of civil rights violations.
The board recently filed a motion with the U.S. District Court in D.C. to expand its lawsuit to include Edward Sundra, a program manager for the Federal Highway Administration.
If the court accepts the board’s motion, Sundra would become the fourth person charged in the lawsuit with “blatant and intentional” neglect of federal and state anti-discrimination laws.
The three individuals the lawsuit currently names — both as individual citizens and as government employees — are U.S. Transportation Secretary Ray LaHood, Federal Highway Administrator Victor Mendez and former Virginia Secretary of Transportation Pierce Homer.
Sean Connaughton, Virginia’s current transportation chief, is also named, but only in his official capacity.
The Arlington Board filed its suit roughly one year ago, as federal and state transportation agencies considered plans to install HOT lanes on Interstates 95 and 395.
The board’s lawsuit says the agencies failed to consider the harmful effects of air pollution on minority populations living near the highways.
The suit also says transportation officials failed to conduct proper environmental impact studies before moving forward with the project.
John Britton, an attorney with the law firm hired by Arlington County to advise on the suit, said the transportation officials must be charged in their individual capacities because of the nature of the accusations.
“The claims which arise under civil rights provisions of the constitution must be presented as allegations against individuals,” Britton said.
Arlington Board Chairman Jay Fisette said the board had included Sundra in its lawsuit because the county attorney’s office believed it would strengthen their case against the transportation agencies.
“We have an obligation to put forward our strongest case to protect people,” Fisette said.
He said despite the newest allegations, the board has been in talks with state and federal transportation officials to resolve the dispute.
“Secretary Connaughton has made an effort to reach out and has expressed an interest in finding a solution, ” Fisette said. “I’m hopeful that we’ll reach a settlement, but only time will tell.”
