Case 1:20-Cv-02403 Document 1 Filed 03/19/20 Page 1 of 39
Case 1:20-cv-02403 Document 1 Filed 03/19/20 Page 1 of 39 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK FAMILY EQUALITY; TRUE COLORS UNITED, INC.; and SERVICES & ADVOCACY FOR LGBT ELDERS, Plaintiffs, v. Civil Action No. ______ ALEX M. AZAR II, in his official capacity as Secretary, United States Department of Health and Human Services; THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendants. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF INTRODUCTION 1. Plaintiffs Family Equality, True Colors United, and Services & Advocacy for LGBT Elders (“SAGE”) (collectively “Plaintiffs”) bring this action under the Administrative Procedure Act (“APA”) to challenge the United States Department of Health and Human Services’ (“HHS”) unlawful Notice of Nonenforcement of Health and Human Services Grants Regulation, 84 Fed. Reg. 63809-01 (Nov. 19, 2019) (“Notice of Nonenforcement”). Issued in November 2019, the Notice of Nonenforcement announced that HHS will not, under any circumstances, enforce 45 C.F.R. § 75.300, which prohibits discrimination based on age, disability, sex, race, color, national origin, religion, sexual orientation, or gender identity in grant programs funded by HHS. 1 Case 1:20-cv-02403 Document 1 Filed 03/19/20 Page 2 of 39 2. HHS administers approximately $500 billion in grants. Those grants fund critically important programs that provide essential health and welfare services to millions of people around the country. Those people include some of the most vulnerable members of our society such as children in foster care, youth experiencing homelessness, and older people. Prior to the November 2019 Notice of Nonenforcement, a uniform and explicit regulatory prohibition against discrimination protected beneficiaries of, and participants in, these programs.
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