May 5, 2020
Mr. Eric S. Dreiband
Assistant Attorney General
United States Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Re: Joint request to investigate disproportionate impact of COVID-19 on communities of color
Dear Assistant Attorney General Dreiband:
We, the undersigned elected officials, representing various jurisdictions in the United States,
write to urge the Department of Justice (DOJ) Civil Rights Division to investigate the failures
that led to the disparate impact of Coronavirus Disease 2019 (COVID-19) on communities of
color. We make this request in light of the growing body of evidence that African-Americans,
Latinos, and other people of color are being infected and dying from COVID-19 at dramatically
disproportional rates. We are concerned that civil rights violations may account for these
inequitable outcomes. For example, the New York City Department of Health and Mental
Hygiene (DOHMH) has confirmed approximately 165,000 cases of COVID-19 and estimates
roughly 18,000 deaths attributed to the virus. Both infection and death rates are higher among
racial and ethnic minorities. DOHMH published early findings showing that African-Americans
had a death rate approximated at 92/100,000 and Latinos a death rate approximated at
74/100,000. However, the death rate for Caucasians approximated at 45/100,000. And, because
the data is incomplete, we know the COVID-19 infection and death rates for people of color are
even worse. These numbers are representative of infection and death rates throughout our
country. And while we recognize that every American has been impacted by this pandemic,
minority communities have been harmed most severely.
We also seek an investigation into whether the actions of executive branches of government in
response to the threats posed by the pandemic served to perpetuate and exacerbate racial
inequality.
The numbers are alarming: Louisiana has reported more than 21,000 COVID-19 infections.
African-Americans, approximately 33 percent of the state’s population, account for 70 percent of
its COVID-19 deaths. In Michigan, African-Americans make up 14 percent of the state’s
population, but account for 40 percent of its deaths. In Chicago, they account for 52 percent of
the city’s confirmed cases, but 72 percent of its deaths. In Kansas, rates of infection are more
than double for Latinos than non-Latinos, despite being tested at a significantly higher rate. In St.
Louis, African-Americans account for 64 percent of all COVID-19 cases, but make up 45
percent of its population. Similar disparities are found throughout the country.
Additional data continues to emerge from city, state, and federal agencies. However, the
evidence is clear — in crisis circumstances, such as the ongoing pandemic, race and ethnicity are

 themselves pre-existing conditions. The unequal impact of the COVID-19 pandemic on protected
classes is a civil rights issue. The disparities are merely the most recent nationwide manifestation
of policies and practices that fail to protect communities of color and perpetuate racial inequities.
While viruses do not discriminate, people do. It is these potential civil rights violations that we
request you investigate.
Communities of color are no more medically prone to infection or death than other communities.
This leads us to question how such severe disparities formed. We reject the simplistic notion that
pre-existing health problems solely account for the increased number of documented COVID-19
infections and deaths in minority communities. Rather, we believe that longstanding
discrimination has served to reinforce vulnerabilities in these communities. Structural and
generational disparities are worsened by racist practices that violate civil rights protections. This
results in high rates of unemployment or underemployment, homelessness, substandard housing,
lack of medical insurance and quality health care, and mass incarceration. Ultimately, the
communities most at risk before a public health crisis suffer most during the crisis. We therefore
ask DOJ to investigate if COVID-19 disparities are a result of ongoing discriminatory federal or
state practice.
We believe we cannot simply raise awareness and highlight these issues. We work toward
holding systemic actors, decision makers, and officials of all stripes accountable for their actions.
Accountability is of primary concern and, via this communication, we urge you to investigate a
series of potential civil rights violations and legal infractions that have plagued our communities
and that may have cost our constituents their lives.
We urge you to investigate the following areas for plausible civil rights and other legal
violations:
● Unequal access to information and resources. ​Preventative and ongoing information
and resource distribution to racial and ethnic minority and immigrant communities, in
particular, whether the distribution of food, masks, and hand sanitizer, was uneven. As
public health guidance evolved over the weeks of the pandemic, we question whether
such information was equally available to racial and ethnic minority communities,
immigrant populations, and non-English speakers.
● Imbalanced distribution of resources to households. Specifically, we ask you to
investigate whether seniors and constituents of all ages in African-American, Latino, and
other minority communities were reached with resources such as food and other essential
goods at the same rates as their counterparts in Caucasian or more affluent settings.
● Unequal distribution of Personal Protective Equipment (PPE) to hospitals and other
care facilities. ​City, state, and federal authorities reported purchasing and distributing
PPE to traditional medical facilities and associated environments that served the public.
However, beyond nominal information on what was procured and generally distributed,
the public has little insight as to which facilities received PPE and whether it was
equitably distributed among all communities. Authorities at all levels of government have
spoken about a “dashboard” of centralized information to monitor these materials, but
transparency to the public has been virtually nonexistent.

 ● Unequal distribution in the roll out and expansion of COVID-19 sample collection
and testing centers in racial and ethnic minority and immigrant neighborhoods. ​A
central question is whether the hardest-hit neighborhoods, which have tended to be
minority neighborhoods in terms of infection and death rates, received equal access to
testing, as compared to higher socioeconomic status neighborhoods. At the early stages of
virus spread, testing was limited to those who had traveled abroad. Once testing
availability expanded, how were testing decisions made? Was testing equally available in
communities of color and other minority communities? If not, why not? These matters
ought to be investigated for both diagnostic and antibody testing during all stages of the
pandemic.
● Hospitals, laboratories, and health care facilities struggled to acquire testing
machines, supplies, reagents, and associated components. Even with the appropriate
laboratory licenses and funds to purchase the necessary laboratory equipment, facilities in
Brooklyn, New York, for example, could not acquire rapid testing machines such as those
made by Roche. Supply chain issues did and do exist. However, when such machines
were “released” by the federal government, corporate entities, and other relevant
regulators, we question the release to certain communities, while others were not given
access to the equipment.
● Lack of universal testing ​for pregnant women. ​Pregnant women who may have
COVID-19, but are asymptomatic, highlight the need for universal testing regardless of
race and ethnicity or immigrant status. Research published in the April edition of the
New England Journal of Medicine, undertaken by Columbia University Irving Medical
Center and NewYork-Presbyterian, showed that about 15 percent of pregnant women
tested positive for COVID-19. The vast majority of those who tested positive showed no
signs of the condition. Other institutions are undertaking similar research efforts to
understand how COVID-19 impacts women, children, and families. This early research
highlights the importance of universal testing for pregnant women and enhanced PPE
needs across all hospital services. While many hospitals, obstetric services, and labor and
delivery units are now undertaking universal COVID-19 diagnostic testing, this was not
always the case during scarce testing environments or across all facilities in all
communities. We ask that you investigate whether racial and ethnic minority women or
immigrant women were extended testing at the same rates as their Caucasian
counterparts. Namely, were these elements present in any fashion in traditional and
non-traditional labor and delivery environments in broader communities of color and
lower socioeconomic status environments when compared to their Caucasian or wealthier
counterparts?
● Whether race and ethnicity were factors in classifying workers as essential or
nonessential. ​In New York, for example, “essential” frontline workers included
employees staffing supermarkets and pharmacies, those who provide direct care at
hospitals and nursing homes, those who work in transportation, and those who provide
security. African-American, Latino, and other minority communities largely staff such
services and workplaces. For example, one New York City report indicated that 75
percent of frontline workers were workers of color. We ask you to investigate how
executive branches of government made the “essential” and “nonessential” worker
classifications.

 ● Whether workers deemed essential were put at risk. Further, related to the
abovementioned item, reports suggest that city and state officials knowingly placed
workers deemed essential at risk, due to inadequate PPE, ​cleaning, or other safety
protocols. This effectively placed African-Americans, Latinos, and other minority
communities at greater risk for acquiring COVID-19.
● Inadequate protection of all frontline workers. ​Recent litigation filed by the New York
State Nurses Association, Corrections Officers Benevolent Association, and other
professional associations in New York State and across the nation highlight the troubling
issue of inadequate protection for those on the frontlines of the pandemic. Medical
professionals, state and city employees, first responders and frontline workers all
struggled to acquire PPE. A large percentage of these workers are people of color. We
question how PPE was allocated and distributed and what factors went into making such
determinations. Other areas of concern include hazard pay and wrongful termination.
● Whether health professionals in medical facilities were given the autonomy to test
patients and collect samples as they saw fit. Early reports revealed that some facilities
had more supplies, which gave them the leeway to act independently of city and state
guidance, compared to social safety net hospitals and those in low-income communities.
● Rhetoric from hospital executives differed from frontline medical professionals. ​PPE
concerns were felt most viscerally by nurses, doctors, and other medical professionals
working in traditional and non-traditional health care settings. However, it appeared that
there was a significant difference between the concerns expressed by hospital or facility
administrators and the concerns of those actually serving patients. We urge you to
investigate whether administrators or executives pressured or attempted to coerce medical
professionals to underreport the true needs of their facilities. Internal or external actors,
agency personnel, or governmental or non-governmental officials may have also asserted
pressure. A related question is whether racial and ethnic minority or immigrant group
staff members suffered even more pressure than their counterparts. We question whether
minority executives experienced heightened pressure to conform. Also, we ask that you
investigate whether facilities administered by minorities, some of which largely serve
racial and ethnic minority and immigrant populations, were under greater pressure to
underreport or undercount.
● In New York City, early reporting made clear that COVID-19 was an “outer
borough” phenomenon. These are the very boroughs with the highest
concentrations of African-American, Latino and other ethnic communities. ​For
example, Brooklyn and Queens comprise about half of all confirmed cases and deaths.
Staten Island, which has no City public hospital, was completely left out of the early
surge of additional resources, as these resources were directed to public hospitals and not
private facilities. This deprived Staten Island residents of additional ​medical personnel,
PPE and free testing for frontline and essential workers during crucial early weeks. We
ask that you examine resource allocations to the Bronx, Brooklyn, Queens and Staten
Island and to the racial and ethnic minorities living therein.
● Whether minority patients presenting at hospitals or other medical environments
were more readily turned away or were refused a COVID-19 test. Some reports and
research in the medical literature show that racial and ethnic minorities and women were
given fewer services from medical professionals or different courses of treatment. We

 ●

●

●

●

●

wish to probe this matter related to any refusals for testing, courses of treatment,
inclusion in clinical trials, and any associated medical services. For example, Rubix Life
Sciences reviewed its New York billing data and found that African-Americans with
possible COVID-19 symptoms were less likely to be treated than were other ethnic
groups.
Targeting young people of color. ​Reporting in New York and across the country
indicates that city and state law enforcement or other officials penalized or targeted
members of racial and ethnic minority communities for wearing PPE in public. These
troubling news reports show young people of color may have been subjected to
harassment by law enforcement or other public officials for wearing PPE/face coverings
when they were simply obeying city and state mandates to do so. Also troubling is the
increase in hate crimes against Asian communities.
Equal access to education. ​As New York and the country transitioned to online learning
for students of all ages, the matter of inequitable distribution of laptops, tablets, and other
associated technology is of serious concern. City and state officials, as well as corporate
partners, have provided basic figures on distribution of computing devices and Internet
access, but it is unclear whether these tools, imperative for remote learning, were
equitably distributed to youth and families in racial and ethnic minority communities and
in low-income families.
Release of incarcerated and detained persons. Those housed in congregate facilities,
such as prisons, jails, detention centers and youth facilities, struggle to comply with
public health guidelines. Adherence to social distancing is implausible. A lack of
cleaning supplies and water availability make regular, routine, and ramped up cleaning
practices difficult. Rampant COVID-19 community spread is virtually unavoidable. Yet,
cities and states have been slow in reducing the numbers of those incarcerated or held in
immigration detention facilities. We ask that you uncover the measures used in release
considerations and investigate whether such measures were racially biased.
Legal action is already underway regarding the lack of PPE in correctional
facilities​. This matter must be evaluated from both a staff and an inmate perspective, as it
is clear that both of these populations are not only at a higher risk of acquiring
COVID-19 due to being in congregate settings, but that these populations are largely
comprised of racial and ethnic minorities. Reports of lack of access to basic items such as
soap, cleaning supplies, face coverings, and preventative information remain matters for
investigation on the city, state, and federal levels. Any potential denials of these materials
and services must be thoroughly investigated.
School officials in New York and across the country took different courses of action
on how, when, and to what degree they should inform their staffs about the looming
public health issue of COVID-19 in the early days of the pandemic. City, state, and
agency officials must be held accountable for any instances of knowingly withholding or
minimizing the potential risk posed by COVID-19. As noted previously regarding the
dissemination of preventative information to racial and ethnic minorities and immigrant
communities, this is an issue of concern when considering distribution of information to
schools in every community regardless of socioeconomic status or racial and ethnic
makeup.

 ● Uncovering potential inequities among the nation’s most prized and most
vulnerable population. ​National figures, reported within the last week, reveal that more
than 50,000 confirmed COVID-19 cases and over 10,000 deaths associated with the virus
occurred in nursing homes. New York, New Jersey, Massachusetts, and Pennsylvania
have had severe cases of nursing homes overwhelmed by both case counts and deaths.
While state regulators probe such negligence, we must understand whether decisions
made by city, state, and federal officials to surge staff, inject PPE, and alter guidance on
both infection control and end-of-life decisions, were made without regard to racial,
ethnic or immigrant background, or socioeconomic status. The Kaiser Family Foundation
recently noted that, as of 2017, approximately 40 percent of nursing homes across the
nation had infection control infractions. If officials were aware that the most susceptible
populations, the elderly, would suffer the worst consequences of a rampant infection and
knew that such facilities were potentially underprepared, we must now fully investigate
any misconduct or unequal treatment of residents, families, and staff.
● Morgues and funeral homes were overrun and overwhelmed. ​In recent days, horrific
news reports about a funeral home in Brooklyn, New York emerged. Neighbors
complained of an awful odor, which led authorities to uncover moving trucks filled with
dozens of decomposing bodies. Unfortunately, this is not a phenomenon secluded to New
York. Other states have witnessed challenges with inflows to morgues and funeral homes.
As with other areas of concern mentioned in this communication, morgues and funeral
homes were to receive federal, state, and city support, guidance, and emergency
preparedness protocols. For example, the Federal Emergency Management Agency
(FEMA) was slated to send refrigerated trucks to New York City to assist morgues and
funeral homes with storage capacity. New York State officials were also said to be
liaising with the New York State Funeral Directors Association (NYSFDA) and surging
qualified staff from other states to help New York. However, it is unclear whether there
was an equitable distribution of resources, staff, and information sharing to all
communities, regardless of racial and ethnic makeup or socioeconomic status. This
matter must be thoroughly investigated, so as to understand and hold responsible actors
accountable for any unequal treatment toward any person, group, or community.
● Disproportionate access to unemployment insurance and stimulus relief under the
Coronavirus Aid, Relief, and Economic Security (CARES) Act. ​As states and
municipalities have gone on lockdown, an unprecedented number of Americans have lost
their jobs. Restaurant workers, domestic care workers, formal and informal day laborers,
migrant workers, hospitality and personal services workers - the very sectors in which
African-American, Latino, and other people of color are overrepresented - have suffered
catastrophic job losses. Unemployment insurance schemes, often punitive, will not
protect many of these workers. And many won’t receive federal stimulus funds. The
CARES Act excludes tax-paying undocumented immigrants, largely Latino, from
receiving stimulus relief money. Otherwise qualified U.S. citizens or lawful permanent
residents who file joint taxes with an undocumented spouse are also excluded. The
short-term and long-term economic consequences of the pandemic will devastate
communities of color and other minority communities. Programs designed to militate the
consequences of job loss will exacerbate the devastation for communities of color. We

 ask you to investigate the unequal treatment of low-income minorities under state
unemployment insurance schemes and the CARES Act.
● Dispersal of the Paycheck Protection Program (PPP). In recent weeks, the more than
$300 billion PPP, which extends forgivable loans to eligible small businesses, began in
earnest. However, reports from minority-owned businesses across the nation appear to
show that both eligibility for and dispersal of these funds may have not been equitable
across racial and ethnic lines and among different classes of businesses. According to the
League of United Latin American Citizens (LULAC) and the United States Hispanic
Chamber of Commerce, upwards of 70 percent of member businesses had their PPP
applications denied. Other reporting has shown that larger firms such as Wells Fargo and
JPMorgan Chase have had little headwind in accessing PPP funds, whereas many
minority-owned businesses, which utilize smaller financial outfits or community banks,
have struggled to access PPP funds. We ask that you investigate whether minority-owned
businesses were extended the same treatment, processing time, and attention when
compared to other corporate players. Namely, were there any differences in the
eligibility, application, or dispersal processes?
We are calling on your office to probe the abovementioned issues and connected arteries to show
our constituents and the American public that awareness of inequities is not enough. We must act
and bring those accountable for these inequities to justice. Moreover, the aforementioned items
are not aberrations. We have witnessed these instances in places across the nation from Los
Angeles to Louisiana and within the various territories we represent.
We look forward to your timely response to this communication. Our offices stand at the ready
to support your work in these endeavors.
Sincerely,

Eric Adams
Brooklyn Borough President

Adrienne Adams
New York City Council Member
Co-Chair, NYC Council’s Black Latino Asian
Caucus

Jumaane D. Williams
Public Advocate of the City of New York

Vanessa Agudelo
Peekskill Council Member

 Alicka Ampry-Samuel
New York City Council Member

Charles Barron
New York State Assembly Member

Inez Barron
New York City Council Member

Khalid Bey
Syracuse President Pro Tempore, Councilor
at-Large

Kendra Brooks
Philadelphia Council Member At-Large

Kristerfer Burnett
Baltimore City Council

Gregorio Casar
Austin City Council Member

Raquel Castaneda
Detroit City Council Member

Fernando Cabrera
New York City Council Member

Robert E. Cornegy, Jr.
New York City Council Member

 Laurie A. Cumbo
New York City Council Majority Leader

Tiffany Garriga
Hudson Alderman

Phillipe Cunningham
Minneapolis City Council Member

Jamie Gauthier
Philadelphia City Council Member

Maria E. Hadden
Chicago Alderman

Christopher A. Johnson
Westchester County Legislator

Jillian Johnson
Durham At Large Council Member

Peter Koo
New York City Council Member

Farah Louis
New York City Council Member

Carlos Menchaca
New York City Council Member

 I. Daneek Miller
New York City Council Member
Co-Chair, NYC Council’s Black Latino Asian
Caucus

Marcelia Nicholson
Chair, Milwaukee County Board of
Supervisors

Gustavo Rivera
New York State Senator

Rossana Rodríguez Sánchez
Chicago Alderman

Debi Rose
New York City Council Member

Latrice Monique Walker
New York State Assembly Member

Zellnor Myrie
New York State Senator

Diana C. Richardson
New York State Assembly Member

Antonio Reynoso
New York City Council Member

Ydanis Rodriguez
New York City Council Member

Mary Sheffield
Detroit Council Pro Tempore