The legal case involving the heirs of Black farmers seeking federal restitution for historical discrimination advanced as the Black Farmers and Agriculturalists Association (BFAA) appealed a recent court ruling. The Sixth Circuit Court of Appeals had previously denied an injunction that would have allowed descendants to file discrimination claims on behalf of deceased relatives. As a result, the $2.2 billion fund intended to compensate living farmers affected by discrimination in USDA farm lending programs is not available to these heirs.
BFAA president Thomas Burrell highlighted the significance of inheritance rights, particularly for African Americans. "As an heir, particularly for African Americans, we have a right to inherit," said Burrell, noting that the court's ruling may affect these rights. The BFAA has filed an En Banc appeal, requesting that a larger panel of judges review the case. During a press conference today in Whitehaven, Burrell emphasized the importance of the matter, stating, "There is a case, and that’s what we have," according to their interview with Action News 5.
As reported by WREG, the issue of "legacy claims" has drawn community attention, with a meeting attended by hundreds where the BFAA explained their position. They maintain that the recent court ruling restricts heirs from inheriting property and potential generational wealth, which they argue is inconsistent with the Civil Rights Act of 1866. "If you’re going to take my rights to inherit, does that mean what else?" Burrell asked.
These concerns are present in communities with a history of challenges faced by Black farmers. Evelyn Payne-Hill shared with WREG her childhood experiences working in the fields, without the basic comforts and opportunities typical of youth. "That’s what I went through," she said during the meeting today. Cheryl Brown told WREG that if the recent ruling is overturned, it could give descendants a chance "to get that back going," referring to the potential recovery of her grandfather's property.
After a lawsuit by the BFAA, the United States District Court for the Western District of Tennessee denied the motion for an injunction, and the appeals court upheld the decision on Oct. 8. Burrell said in a statement obtained by Commercial Appeal that their efforts to contest the ruling are ongoing. "That decision calls our rights to inherit that owned property in question," he stated. "We cannot allow this to happen; we can’t go back into that dark night."
