Asheville residents secure victory against race-based preference for board membership

Asheville, North Carolina; August 26, 2025: The Asheville City Council voted today to eliminate race-based membership preferences for its Human Relations Commission following a lawsuit brought by local residents. The repeal of the commission’s discriminatory membership requirements is part of a settlement that the city reached with the residents. 

“Government has a constitutional duty to treat all people equally under the law,” said Andrew Quinio, an attorney at Pacific Legal Foundation who represents the residents. “Asheville should treat its citizens based on their character, qualifications, and achievements, not on characteristics they cannot control like race or ethnicity.” 

John Miall, a lifelong Asheville resident who spent nearly 30 years working for the city including as its Director of Risk Management, applied to serve on the Human Relations Commission of Asheville in 2023. He was initially passed over under the racial mandates. The City ultimately appointed him after the lawsuit was filed. Five other qualified residents—Robyn Hite, David Shaw, Willa Grant, Danie Johnson, and David Evans—were similarly discriminated against when they sought appointment. 

The city’s discriminatory ordinance violated the Equal Protection Clause by treating individuals differently based on race. These preferences barred qualified individuals from equal opportunity to serve their community solely because of their skin color. 

Under the consent decree, filed Friday, Asheville must ensure equal opportunity on the Commission by administering appointments without regard to race, ethnicity, color, or national origin. The city must also publicly state that appointment to the commission is open to all qualified applicants regardless of race. 

The case is Miall, et al. v. Asheville.