Americorps RSVP grant supported older people in the Buffalo area through various programs; Agency is withholding funding following White House directive
County notes “arbitrary and capricious” nature of Americorps’ actions in lawsuit, seeks injunctive and declaratory relief
ERIE COUNTY, NY— The County of Erie has filed a lawsuit against the Corporation for National and Community Service (“Americorps”) following that agency’s sudden decision to terminate an RSVP (“Retired and Senior Volunteer Program”) grant that funded the placement of hundreds of senior volunteers in various positions across the community, including at food pantries, hospitals, schools, senior centers, and the Meals on Wheels program. Americorps approved the grant in January 2024 with the term of the grant at three years so long as Erie County remained in compliance with the original grant terms, and now seeks to rescind such grant due to President Donald Trump’s executive order of January 20, 2025 prohibiting the use of the grant for any diversity, equity, and inclusion (DEI) purposes.
“Nothing in our democratic society is more important than the rule of law. My administration will follow the law and expect others to do the same, and we will take every step to protect the safety and wellbeing of Erie County residents. In this case, funding for the Retired Senior Volunteer Program had been appropriated by Congress, Erie County obtained a grant under the Congressional appropriation and was following the requirements of the grant in its implementation of it, and that funding has now been illegally taken away in an arbitrary and capricious manner,” said Erie County Executive Mark C. Poloncarz. “Eliminating this funding not only hurts seniors and people who need the services provided by it, it violates the Constitution. This is a cruel and vindictive move that will be overturned in court.”
From the Complaint Filed by Erie County in U.S. District Court for the District of Columbia:
“Since 1999, RSVP grant applicants have been required by Americorps regulations to “secure community participation in local project operation by establishing an Advisory Council . . . [o]f a diverse composition that reflects the demographics of the service area.” 45 C.F.R. § 2553.24(a)(5). In compliance with this
requirement, Erie County’s 2023 application explained its efforts to secure the participation of Erie County’s diverse population in its volunteer efforts.
On January 20, 2025 the President signed Executive Order 14151, titled “Ending Radical Government DEI Programs and Preferencing.” The order, in relevant part, required federal agencies to ““terminate, to the maximum extent allowed by law, all . . . ‘equity-related’ grants or contracts” within sixty days. An order issued the following day required each agency to include “in every contract or grant award” a term that the contractor or grantee “certify that it does not operate any programs promoting DEI,” or Diversity, Equity, and Inclusion, that would violate federal antidiscrimination laws. The order does not define what it means by “equity related.”
In compliance with this order, Americorps appears to have done what many other agencies across the government did: Search for the word “diverse” or “diversity” in grant applications and threaten those grantees, including Erie County, with termination unless they certify, on pain of False Claims Act liability, that they do not operate programs promoting DEI. Americorps’ threats violate the Administrative Procedures Act because they are arbitrary and capricious, and they violate the Constitution because they impose imprecise and unauthorized restrictions on federal funding to a local government. Erie County brings this action seeking injunctive and declaratory relief requiring Americorps to comply with its own rules and the United States Constitution.”
The Filed Complaint can be read here
The Exhibit can be read here
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