Americorps updates its certifications, removes requirement that Erie County certify that its grants do “not include any activities that promote DEI activities”
ERIE COUNTY, NY— Erie County has received welcome news as Americorps has informed our legal counsel that it has withdrawn its requirement that the county must certify compliance with Executive Orders 14151 and 14173 or certify that its grants “do not include any activities that promote DEI activities.” This follows the county’s filing of a lawsuit against Americorps due to President Donald Trump’s executive orders requiring federal grant recipients to certify they do not conduct “DEI activities.”
The grant in question, which had been in danger of being withheld, is used by the Erie County Department of Senior Services to fund the Retired Senior Volunteer Program (RSVP). RSVP places hundreds of senior volunteers in dozens of diverse community agencies countywide. In 2024, more than $1 million in wages was saved by these agencies because of the RSVP’s volunteers efforts.
As a result of the Agency’s decision, Erie County has dismissed its lawsuit, without prejudice, and has agreed to sign a grant acceptance letter using the same pre-Trump Administration certifications as before.
Erie County Executive Mark C. Poloncarz said, “Americorps agreement to withdraw provisions requiring Erie County to certify it does not promote diversity, equity and inclusion is a win for our community and the rule of law. The Trump Administration’s attempt to change a legally binding grant contract in the middle of the term was unacceptable for many reasons, and why I authorized the county to file suit. I thank County Attorney Jeremy Toth and our counsel at Gerstein Harrow LLP for their good work on this matter. While we may have prevailed in this case, if others arise, I will not refrain from filing additional suits, if necessary, to protect our way of life and the democratic ideals that make our country great.”
Charles Gerstein of Gerstein Harrow LLP, representing Erie County in the case, stated, “On March 17, the County filed a lawsuit challenging the Trump Administration's requirement that Americorps grant recipients certify that they do not ‘promote . . . DEI activities.’ Yesterday the Administration changed course and dropped its requirements, and the County accordingly dismissed its case. Now, the program can keep serving community members without unnecessary political fighting."
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