This is the second article in a series on the I-45 highway expansion. The first is focused on the project’s impacts on residents and schools, while this article focuses on legal updates and impacts on other community organizations and businesses.

The last two months have been eventful for the I-45 expansion project. On February 4, the Texas Department of Transportation (TxDOT) issued a Record of Decision (ROD), which marked the end of the environmental assessment process and cleared TxDOT to proceed with the plan laid out in the Final Environmental Impact Statement (FEIS). Local community groups such as Stop TxDOT I-45, Air Alliance Houston, and the National Black Environmental Justice Network have strenuously opposed the FEIS due to its disparate negative impacts on racial minorities. They argue that the project violates Title VI of the Civil Rights Act of 1964, which states that:

“[n]o person in the United States, on the ground of race, color, or national origin, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

On March 8, the Federal Highway Administration (FHWA) asked TxDOT to pause the project while FHWA evaluates whether it violates Title VI. Meanwhile, groups like Stop TxDOT I-45 and the legal aid organization Texas Appleseed are helping residents file Title VI complaints and document their stories. In parallel, Harris County Attorney Christian Menefee filed a lawsuit on March 11 asking for a halt on the project and a new environmental impact assessment.

Opponents of the project have particularly emphasized the need for TxDOT to consider a version of the project that would not expand right of way. This would significantly limit the project’s negative impacts on residents and community centers and businesses situated close to the highway. These include critical organizations serving primarily low-income and/or racial minority populations such as:

• Search Homeless Services, which helps homeless people find employment
• AVANCE-Houston training center, which provides educational, developmental, social and other kinds of services
• Loaves and Fishes, which provides food, housing, and medical care
• Greater Mount Olive Missionary Baptist Church and Centro Christiano Church
• Groceries and restaurants, including Asia Market Thai Lao Foods
• Urbana Recording Studio, a Grammy-winning hub of Tejano music

Eminent domain attorney Justin Hodge explains that highway expansion can cause serious problems for organizations even if only a small part of their territory is seized. TxDOT may take only parking space or fire lanes, but this significantly drops the value of the property by leaving the organization non-compliant with parking and fire lane regulations. Organizations are then forced to pay to redesign their property or relocate to a new one. But despite these added expenditures, notes Hodge, TxDOT typically offers compensation only for the territory that is physically taken. However, unlike many low-income residents, commercial facilities are able to afford lawyers who can contest TxDOT’s compensation.

Businesses’ greater financial resources and access to legal redress may lead them away from joining community efforts to oppose the project. Molly Cook of Stop TxDOT I-45 observes that the group has had a harder time reaching out to business owners than residents:

“Some businesses owners and employees are enthusiastic about joining the fight, but some are apathetic. Many have been told for years that this is happening with no action, and some employees seem reluctant to speak out without the express permission of the owners. Overall, outreach has been more successful in residential neighborhoods.”

As a result, the resources for opposing the project are coming from non-profits, community members, and Harris County. As one legal aid lawyer involved in the Title VI case put it, “We’re doing this on a shoestring budget.” With the FHWA Title VI complaint review process taking around six months and the pretrial for the parallel lawsuit scheduled for July 2, it will likely be at least several months before the fate of the project is decided.

How you can help: You can get involved with Stop TxDOT I-45, help amplify their social media campaigns, and contribute to community drives. A calendar of their events can be found here. The group meets every other Tuesday and welcomes all community members.

Author and Photos: Anna Kasradze