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lawsuit challenging the constitutionality of a racial quota on the Alabama Real Estate Appraisers Board has been dismissed with prejudice. The American Alliance for Equal Rights had filed suit against Governor Kay Ivey and the State of Alabama, claiming that a provision requiring two racial minorities to be appointed to the board led to discrimination against one of their members, Laura Clark.

    However, both parties agreed to dismiss the case last week, meaning the plaintiffs cannot bring it back. The state argued that they also believed the language to be unconstitutional and would not enforce the requirement, rendering the case moot. The Alabama Association of Real Estate Brokers intervened in support of the diversity-promoting provision, which will remain in place despite the dismissal.

    "This is an important win for promoting diversity on state boards," said Pamela Wyatt, President of the Brokers Association. "State boards should reflect the communities they serve." The association retained counsel from Democracy Forward, a national nonprofit that has opposed similar anti-diversity efforts across the country.

    The plaintiffs had requested to substitute Clark as the named plaintiff in the case, but U.S. District Judge Austin Huffaker Jr. rejected this request, citing an attempt by the Alliance to avoid a deposition. The defendants argued that the move was a tactic to evade questioning about the lawsuit's history and purpose.

    Judge Huffaker agreed, stating that the Alliance's real motive was to avoid being deposed, which would have required them to answer questions about their actions and decisions in bringing the lawsuit. He denied the plaintiffs' motion, saying that justice does not sanction such tactics, especially when they involve undue delay and bad faith.