The Atlanta Lawyer October 2014 | Page 11

50th Anniversary of the Civil Rights Act discrimination was barred by the CRA in cases like Griggs v. Duke Power Co., Pittsburgh Press Company. Other cases have been brought over the years, however the number has significantly decreased; therefore, we look next to what the future of civil rights litigation holds. The Future of Civil Rights in Atlanta How has the Civil Rights Movement changed for Atlanta and the United States as a whole? What will the future hold? The Atlanta Lawyer asked local legal experts for their perspectives. Professor Lauren Sudeall Lucas, Georgia State University College of Law: “The passage of the Civil Rights Act was critical to combating discrimination in so many aspects of American society. While in some ways, discrimination at that time (in the era of the Act’s passage) was more overt, it is still very real today – both for those groups protected by the Act and those that have been excluded (like those discriminated against on the basis of their sexual orientation or gender identity). We live in a world, however, where many have started to believe that we have moved or are moving beyond discrimination, and racial discrimination in particular (a “post-racial” society). In Shelby County, for example, the Court suggested that “our country has changed,” holding that the current state of racial discrimination could no longer justify portions of the Voting Rights Act. In the context of the same-sex marriage debate, many have focused on the question whether the better strategy is to focus on legislatures or the courts. The answer may ultimately be that it should be a battle fought on multiple fronts. Gerry Weber, Senior Counsel, Southern Center for Human Rights: “The divide between a right and a remedy in civil rights law is widening. A citizen may have his or her constitutional rights violated, but the individual government employee who causes the harm is given broadening latitude to claim “qualified immunity” – that the constitutional law, while violated, was gray. Likewise, the hurdles and standards for establishing liability for the government itself – “policy or practice” – has become such a labyrinth, that several justices have suggested the court should revisit the whole framework. The problem becomes particularly acute where police practices target categories of persons, and a lawsuit aims to use injunctive relief to target such practices. Yet, despite all the hoops and hurdles, growing ever more complicated and daunting, there are paths to reach the justice goal line. The primary vehicle in civil rights litig