Judge rejects bid to block California's Black Infant Health Program

A federal judge has rejected a Pasadena woman's attempt to temporarily block what she contends is a race-based eligibility requirement in California's Black Infant Health Program, ruling that she failed to show she was actually prevented from participating in the program.

U.S. District Judge Sherilyn Peace Garnett of Los Angeles denied Erica Jimenez's motion for a preliminary injunction Friday, finding that Jimenez lacked standing to obtain the requested relief. The ruling did not reach the merits of her claim that the program violates the Equal Protection Clause and federal civil rights law.

Jimenez, who does not identify as Black, sued state, Los Angeles County and Pasadena public health officials in April. She sought to prevent them from using what she described as a racial eligibility requirement for a state-funded program intended to reduce disparities in Black infant and maternal health.

The program provides group sessions, individual support, referrals and other services aimed at reducing maternal stress and improving pregnancy and birth outcomes. State data cited by Garnett showed that in 2023, Black infant mortality in California was three times the rate for White infants and more than twice the rate for Hispanic infants.

Jimenez completed an online Pasadena interest and eligibility form in February. The form asked whether she or her baby identified as Black or African American. Jimenez said a program representative subsequently told her the program "is not for me" after she said neither she nor her child was Black and directed her to other resources.

The program representative disputed that account, saying she never told Jimenez that she was ineligible or had been denied admission. Garnett declined to resolve that factual dispute at the preliminary-injunction stage.

Garnett also noted that Jimenez never formally pursued enrollment after the telephone conversation and received no rejection letter or other official notice denying her admission. State officials presented evidence that some non-Black women have participated in the program and that state policy does not direct local agencies to exclude participants based on race.

"Plaintiff has not met her burden to clearly show that the BIH Program's policies, as applied to her, impose a barrier preventing her from applying to and participating in the BIH Program," Garnett wrote.

Andrew R. Quinio of Pacific Legal Foundation, who represents Jimenez, said his client is evaluating her next steps and criticized the court's conclusion that she had not demonstrated a sufficient barrier to participation.

"We respectfully disagree with the Court's decision," Quinio said. "Maternal care should not depend on race, and government programs providing it on that basis should not evade judicial scrutiny simply because they don't issue formal rejection letters to the mothers they disfavor."

Quinio said Jimenez tried to participate and "was told it wasn't for her."

"She faced a racial barrier, which is expressly stated in the program's goals and eligibility," he said. "We will continue fighting for the right of Ms. Jimenez and all mothers for equal treatment under the law, regardless of race, and we are evaluating our next steps."

Amnon Siegel of Miller Barondess LLP, who represents Los Angeles County and Dr. Barbara Ferrer, said the evidence supported Garnett's conclusion that Jimenez had not been denied admission.

"We appreciate the Court's thorough and well-reasoned decision," Siegel said. "The record was clear: Plaintiff never completed the application process for the Black Infant Health Program, was never rejected from the program, and never received any denial of admission."

Siegel disputed Quinio's characterization of the program as imposing a racial barrier, noting that non-Black women have participated.

"The BIH Program does not create the racial barriers that the plaintiff claims," he said. "The evidence showed that non-Black women have participated in the program, and there is no policy excluding otherwise qualified applicants based on race."

Siegel called the program "a vital public health initiative" aimed at addressing disproportionately high Black infant and maternal mortality rates.

"The County remains committed to protecting the health and lives of our most vulnerable residents, and we are gratified the Court rejected Plaintiff's attempt to enjoin the program," he said.

Siegel and Steven Williamson of Miller Barondess represent Ferrer and the Los Angeles County Department of Public Health. Jennifer A. Bunshoft of the state attorney general's office represents the California Department of Public Health. Quinio represents Jimenez.

The case is Jimenez v. Pan et al., 2:26-cv-03500 (C.D. Cal.).