From Staff Reports

ASHEVILLE, N.C. — A federal judge in the Western U.S. District ordered the City of Asheville on Dec. 2 to pay more than $81,000 in legal fees to the plaintiffs in a case of racial discrimination, according to a Dec. 3 press release from the plaintiffs, WNC Citizens for Equality.

On Sept. 6, 2023, five residents of Buncombe County filed a lawsuit against the City of Asheville for racial discrimination in the Human Relations Commission of Asheville. The HRCA is a volunteer board which advises the city on equity. 

According to the city’s application forms, white persons were automatically excluded from serving unless they could prove a “plus” factor. These factors including being homosexual or transexual, living in public housing, being disabled, being under the age of 25, or being a community leader. Non-white applicants did not have to demonstrate any “plus” factors for qualification.

“Five residents applied for the HRCA; and all were denied, presumably due to their race,” the WNCCE release stated. “One of the applicants, John Miall, spent nearly 30 years working for the city, including as director of Risk Management. Rather than appoint any of the white applicants, the city elected to leave the vacancies open in the hopes of finding candidates which matched the city’s stated qualifications.

“On Aug. 26, 2025, the city voted to eliminate race-based membership preferences following two (2) years of entrenched litigation. 

“Mayor Esther Manheimer, who is also a practicing attorney, explained, ‘Unfortunately, we are being sued over this... we do have to make these changes.’ She then went on to admit that she and the city was aware that its actions would not survive the legal challenge. ‘(We) could potentially be facing long litigation that we would likely not prevail on and end up incurring attorneys’ fees and paying the other side’s attorney fees.’”

The WNCCE release added, “The city further agreed to a court order requiring the city to refrain from considering race of applicants in its appointment to the board.

“However, the city did not exit this litigation without cost. On Dec. 2, 2025, U.S. District Court Judge Martin Reidenger awarded attorney fees to the five plaintiffs of over $81,000. The court noted several factors in the decision including the complexity of the litigation, the amount of time expended by the attorneys, and the nature of the discrimination claim.

‘Pacific Legal Foundation, a nonprofit legal advocacy organization, provided the majority of legal work. Asheville attorney Ruth Smith served as local counsel.”

Smith stated in the release. “The city had ample opportunities to do the right thing. They could have not discriminated against persons based on race in the first place. They could have conformed to the law anytime in the last two (2) years after the lawsuit was filed. They knew it was unconstitutional. Instead, they insisted on discriminating against persons based on skin color and forcing the plaintiffs’ attorneys to spend incredible amounts of time for over two (2) years. I am sorry for the taxpayers that their leaders will neither follow the law nor practice good stewardship of the public money.”

Plaintiff John Miall was quoted in the release as saying, “The city uses illegal racial discrimination in many areas and programs. When they are challenged on a program, they shut that one down but keep discriminating in existing or new areas. They have violated civil rights with impunity. Hopefully, now that there is a penalty, they will start paying attention to the Constitution and stop judging people based on skin color.”

Meanwhile, in a brief Dec. 3 telephone interview with the Daily Planet, Smith was asked to comment on Mayor Manheimer’s use of the word “unfortunately,” as in her assertion, “Unfortunately, we are being sued over this... we do have to make these changes.”

In response, Smith said, “I think it’s sad that an attorney and city leader (Manheimer) would have difficulty following the law and the Constitution in providing equal rights to the city’s citizens.”

So was Smith surprised by the outcome of the case? the Daily Planet asked.

“No,” the attorney replied, “The law is clear. This was absolutely a constitutional violation. Everyone knew it. And the judge followed the law.”

Did Smith think that the city intentionally enacted a law that allegedly resulted in racial discrimination — or that the city just did not realize that it would result in bias? the Daily Planet queried. 

‘It was absolutely intentional,” Smith answered. “They (the city) feel empowered to violate the Constitution and then it’s more of, ‘We’ll do something about it if you want us to stop.’

“They (the city) will violate the Constitution first and wait for the lawsuit. I think they believe its politically advantageous because they feel that’s what their constituency want. 

“I don’t believe the average person in Buncome County believes that. I believe they (most Buncombe residents) agree with the words of (black civil rights leader) Martin Luther King Jr. that we should be judged by the content of our character rather than our skin color,” Smith replied, as the interview concluded.  

Meanwhile, the release noted, “WNCCE thanks Pacific Legal Foundation for their excellent legal advocacy on behalf of western North Carolina citizens. WNCCE also thanks the plaintiffs who were willing to stand up for the Constitution, for themselves and all of us.”