Save Our Valley Files Discrimination Complaint Against Sound Transit

By Jeff Boone

George Curtis, Patricia Paschal and Colleen Browne of Save Our Valley.

Save Our Valley, a community organization in Rainier Valley, has filed a complaint in United States District Court charging Sound Transit and the Federal Transit Administration (FTA) with violation of several civil rights laws and the National Environmental Policy Act. The action could delay the $3.5 billion Central Link light rail project and boot Sound Transit from the Congressional funding queue--Sound Transit hopes to secure a $450-500 million grant for the project from the FTA.

Save Our Valley contends that Sound Transit's decision to build an at-grade light rail system down the middle of Martin Luther King Way, Jr. is discriminatory in its intent and impact on the Rainier Valley community. Save Our Valley also charges Sound Transit with denying Rainier Valley residents mitigation measures comparable to those accorded to the more affluent, white communities of the North End, e.g. a tunnel. Rainier Valley is home to a predominantly minority and low-income community, including Vietnamese and African-Americans.

"We really didn't want to go this far," said Colleen Browne, president of Save Our Valley, "but we had to because they wouldn't listen to us."

"The laws," adds Mickey Gendler, an environmental lawyer representing Save Our Valley in the lawsuit, "prohibit discrimination in federally funded projects. The heart of our claim is that Sound Transit is discriminating against the Rainier Valley community. It's a disruptive surface project that will displace Rainier Valley residences and businesses."

Gendler said Sound Transit had failed to adequately address impacts, alternatives or mitigation for the light rail project.

And Save Our Valley would like to know who is putting up the money for the $50 million dollar community development fund; an offer made by the Mayor and King County Executive Ron Sims to Rainier Valley residents and businesses as mitigation for the project. Thus far, the fund has not been created, nor has a source of money been identified or committed to the fund. The FTA has said that no federal or local matching funds may be used to create the $50 million fund.

Angela Ford of Save Our Valley.

"That $50 million," says Angela Ford, a member of Save Our Valley, "has always been very funny money. It bought the silence of the people in the community."

Sound Transit's final Environmental Impact Statement bears out Save Our Valley's charge that Rainier Valley residents are bearing a disproportionate amount of the light rail system's impact. In 4.6 miles, at-grade light rail eliminates all or a portion of 118 businesses, 88 single-family homes, 30 multi-family units and 11 community centers in Rainier Valley. The project also blocks 35 cross streets in the Valley. But from South McClellan Street and Rainier Avenue South to Northgate, the numbers drop significantly: 31 businesses, two single family homes, no multi-family units, nine community centers and four cross streets.

And then there's the disparity in dollars spent per segment: Sound Transit is spending $44 million per mile in Rainier Valley versus $133 million per mile from McClellan to Northgate. Save Our Valley contends that Sound Transit is saving money in the Valley with a cheap, at-grade alignment in order to build a tunnel in North Seattle; according to Save Our Valley, the unfunded U-District to Northgate segment does not meet Sound Transit's tunnel criteria.

"Sound Transit lied to the community," said Gendler. "They told the community it was technically impossible to put a tunnel through Rainer Valley. They later admitted that was untrue."

Save Our Valley is asking the court to compel Sound Transit to conduct a legitimate study of a tunnel project and for an injunction to prohibit Sound Transit from proceeding with the project.

For Sound Transit, the lawsuit was not unexpected.

"If we were not sued," said Denny Fleenor, a spokesperson for Sound Transit, "we would set a precedent for a big public works project."

"We are taking it very seriously," remarks Fleenor. "Save Our Valley has said for months that they would file a complaint. We expect there will be others as well."

And Sound Transit is well aware of the effect of local opposition on the light rail project's federal funding.

"The feds' consideration of full funding," said Fleenor, "will go on at the same time as Save Our Valley's complaint is considered." The FTA will recommend to Congress whether or not to appropriate $500 million for Sound Transit's light rail project. Fleenor says the feds might hesitate to tie up dollars in a project stalled because of lawsuits.

"Our original goal," said Fleenor, "was to make sure the Valley was served." Fleenor points out that former City Councilwoman Martha Choe, former Mayor Norm Rice and several community organizations, including SouthEast Effective Development, lobbied for rail service to Rainier Valley. Proposals were for at-grade and elevated light rail down Rainier Avenue South, said Fleenor.

"But now," said Fleenor, "we're dealing with a different set of people."

Also named as defendants in the suit are Bob White, Sound Transit's Executive Director, Perry Weinberg, Sound Transit's environmental-compliance manager and Helen Knoll, Regional Administrator of the FTA. The FTA signed off on draft and final environmental impact statements for the project as well as a Record of Decision issued on Jan. 5.

Contact Save Our Valley, 5218 Rainier Ave. S., Seattle, WA 98118 or (206) 721-9898.

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