We have been working on re-imagining our Cultural Funding Programs for the past 2+ years, and we have recently proposed three new funding programs with a race-led equity lens with application questions and scoring criteria specifically prioritizing BIPOC and LGBTQIA and Disability groups.

However, our (City) Law Department is extremely wary of leading with this criteria in light of recent court decisions that have struck down use of this approach (see: https://www.nytimes.com/2021/06/23/us/politics/biden-debt-relief-black-farmers.html and https://apnews.com/article/tn-state-wire-race-and-ethnicity-racial-injustice-courts-business-c95f6b6c8819a66d80219cc3fca01e0b). (It also does not help that we are in Texas with many vigilant, well-resourced conservative watchdog groups -- and state/federal legislators -- who are salivating at the opportunity to launch a legal challenge against us/Austin.) This concern also extends to deployment of ARPA funds that must be led with equity per the federal guidelines. We are looking at using census tracts, zip codes, and income as guides for this, but even those may not achieve the deep racial equity-led outcomes we are seeking.

While our Law Dept wholeheartedly supports our intent to lead with race to administer these programs, they feel that without a disparity study specifically geared toward the creative sector (especially a hyperlocal one), we would not be sufficiently prepared to withstand a legal challenge. This kind of study is valuable, but time-consuming and expensive.

The ask: How can we collectively arm ourselves to move this work forward? Ruby, does AFTA have or know of any resources to help? Can we make this an intentional focus of our work in USUAF? We have tremendous opportunity right now to make this watershed moment a brave leap forward for cultural equity, and I would value discussion with/from this knowledgeable group of peers.