Real Stories: Franks v. Ross
The Community of Holly Springs
Franks v. Ross
North Carolina
For three decades, the predominately African-American community of Holly Springs, North Carolina, home to the largest percentage of African Americans of any municipality in Wake County, was forced to bear the burden of housing a disproportionate share of its county’s landfills. While the Holly Springs area accounts for a mere 1 percent of the total land area of Wake County, Holly Springs is home to 13 percent of the county’s landfills, putting the entire community at risk for a host of environmental hazards.
When Wake County announced that it planned to open yet another massive landfill in Holly Springs, a group of residents decided to fight back. The community asked a federal court to stop construction of the landfill, citing Title VI of the Civil Rights Act, which prohibits local governments from using federal funds to discriminate based on race or national origin.
However, because of the Supreme Court’s ruling in Alexander v. Sandoval, a federal court ruled that proof that Holly Springs bore a disproportionate share of environmental hazards would not be enough for the community to prevail, they would need to prove that Wake County intended to discriminate against African Americans.
Under this unreasonably high standard of evidence, the community was not able to stop construction of the landfill. Instead, after four years in court, the community and county reached a settlement in 2003 that allowed for Wake County to build the landfill site on the condition that it maintained a vegetative buffer and promised not construct any more landfills within five miles of the community. The landfill is scheduled to open in late 2007 and expected to remain open for 25 years.
