Stay Connected
Atlanta Black Star/News
News

‘They Want Our Rhythm, Not Our Blues’: California Woman Sues State Black Infant Health Program, Says She Was Turned Away Because She Wasn’t Black

By | Published on April 17, 2026
CommentsComments (0) Add ABS as a preferred source on Google i

A California woman is suing the Pasadena Public Health Department, its director, and two other government agencies after she was denied approval by the state’s Black Infant Health program.

According to the Pacific Legal Foundation, a libertarian-leaning public interest law firm, the plaintiff, Erica Jimenez, was denied approval because she wasn’t Black. They added it violates the Equal Protection Clause of the Fourteenth Amendment and Title VI of the 1964 Civil Rights Act.

Side view of pregnant woman using disinfectant while washing hands at sink. (Photo: Getty Images)

Pasadena Chief Communications Officer Lisa Derderian told Pasadena Now, “We have been served and are reviewing the lawsuit.”

According to the lawsuit, Jimenez applied to the program online while she was pregnant with her first child, whom she gave birth to in mid-March. She says she received a call from a program coordinator in late February, who explained that the program was limited to mothers who met the program’s racial eligibility criterion — or whose infants did.

‘I Never Said That!’: RFK Jr. Denies His Own Words on Camera When Cornered, But It’s the Reaction Behind Him That’s Breaking the Internet

The complaint states that when the coordinator learned Jimenez isn’t Black, she was told she was excluded from the program and referred to other resources.

“California’s program treats race as a stand-in for need—assuming that only mothers of one race deserve or require the help this program offers,” said Andrew Quinio, an attorney with Pacific Legal Foundation representing Jimenez. “Drawing a line around a public benefit program and saying only certain races may enter is precisely the kind of discrimination the Equal Protection Clause prohibits.”

Many online criticized Jimenez for reaching out to the program in the first place.

“She applied for the sole purpose of getting rejected so she could sue. Because we can’t have anything,” wrote @1pennylovr on Instagram.

“They’re obsessed with us,” added @kingtanda3

“They want our rhythm but not our blues,” @blackdancehistory said.

“NOT DURING BLACK MATERNAL HEALTH WEEK,” @kokokaresdoula wrote.

This week marks Black Maternal Health Week. The campaign, founded by the Black Mamas Matter Alliance, works to raise awareness about the high maternal mortality rates among Black women.

This year’s theme is “Rooted in Justice & Joy,” focusing on reproductive justice and maternal health inequities.

The Atlanta Black Star reached out to the BIH program for a comment. We have yet to hear back.

The ABS Newsletter — Stories that matter, in your inbox.

Independent journalism still matters.

We hope this story was worth your time. For over 14 years, Atlanta Black Star has stayed Black-owned and independently run. We didn't get here by waiting on ad budgets that were never built to prioritize us. Our readers did that.

Corporate support for Black media has always been thin. Outlets like ours get roughly 1% of the $170 billion spent on U.S. advertising each year, and that margin is shrinking further as advertisers walk back the DEI-linked commitments they made in 2020. That's the backdrop. It's not why we're asking.

The wider picture isn't any steadier. Newspaper ad revenue has fallen more than 80% since 2005, and local newsrooms are closing at a rate of roughly two a week nationwide. When outlets go under, it's rarely the ones built to center a Black perspective from the ground up that get to stick around.

We know a request for support isn't why you came here. But without readers choosing to fund this work directly, the depth of reporting we can do at home and abroad shrinks along with everyone else's. If you're not in a position to give, that doesn't change how much we value you as a reader.

If you are able to, a recurring contribution does more for us than a single one-time gift, because it lets us plan the next investigation instead of just the next invoice. It takes about 30 seconds, no long form, no account. Thank you for continuing to support independent journalism and freedom of the press.

Give once Give monthly Support another way

Latest from Atlanta Black Star

Back to top