New York Attorney General Letitia James along with 19 other attorneys general say they are taking legal action to support women of color entrepreneurs.

The coalition is urging the U.S. Court of Appeals for the 11th Circuit to rule that the non-profit organization, the Fearless Foundation, can continue operating to provide grants, mentorship and assistance to women of color entrepreneurs.

This comes as the American Alliance for Equal Rights, an organization described in the complaint as “dedicated to challenging distinctions and preferences made on the basis of race and ethnicity," is challenging the organization's ability to issue those grants.

In a court filing, they argue that eligibility for the program depends on the applicant’s race, and is open “only to Black females” and refers to Fearless Fund as a “racially-discriminatory program that is in violation of Civil Rights Act of 1866, 42 U.S.C. § 1981.

The coalition said this argument is flawed, arguing that as the statute should not be applied in the case of a private charitable donations aimed at historically marginalized communities while noting that the historical origins of the legislation is an intention to facilitate the entry of marginalized people and groups into economic life. They say the legislation came during Reconstruction to outlaw discrimination that barred African Americans from exercising economic rights.

“Historically marginalized communities have long been overlooked by traditional banks and investment firms, and organizations like Fearless Foundation provide access to capital that allows small business owners and entrepreneurs to thrive,” said Attorney General James. “I will always use my office to advance the cause of true justice and equality, and I am proud to take a stand in support of groups that help uplift, empower, and inspire.” 

This matter is being handled by Assistant Solicitor General Anagha Sundararajan, Deputy Solicitor General Jeffrey Lang, and Solicitor General Barbara D. Underwood, all of the Division of Appeals and Opinions.