ProEnglish v. EO 13166

ProEnglish files challenge to translation rules

On August 31, 2004, ProEnglish sued the U.S. Department of Health and Human Services (HHS), and HHS Secretary Mike Leavitt, to challenge HHS policy that requires translations and interpreters for non-English speaking persons. The Association of American Physicians and Surgeons, and three individual doctors joined ProEnglish as co-plaintiffs on the suit. The Pacific Legal Foundation is representing all of the plaintiffs on the action, which was filed in U.S. District Court in the Southern District of California.

The HHS Policy Guidance was issued to implement Executive Order 13166, which ProEnglish seeks to have rescinded. President Clinton issued the executive order in August 2000. It says that recipients of federal funds that fail to provide translation and interpreter services may be guilty of violating the Civil Rights Act of 1964, which prohibited discrimination on the basis of national origin. The order covers federal agencies, state and local government agencies, doctors and other medical providers receiving Medicare and Medicaid reimbursement, and government contractors.

ProEnglish argues that Congress never intended the Civil Rights Act to require interpretation and translation services, and did not mean "language" when it said "national origin." ProEnglish contends that the HHS policy violated the Administrative Procedures Act because the regulation was effective immediately without a legally required period of public comment. Finally, ProEnglish charges the policy violates the First Amendment to the Constitution, because it forces medical providers and others to change their way of doing business and speak in a manner not of their own choosing.

Update: U.S. District Court Judge Barry Moskowitz dismissed the lawsuit March 8, 2005. Judge Moskowitz ruled that neither ProEnglish nor any of the co-plaintiffs could show sufficient injury to have the standing to challenge the HHS rules in court. ProEnglish and its attorneys believe the judge clearly erred by ignoring case precedents that would have granted the plaintiffs the standing to sue.

"As our brief pointed out, federal courts routinely grant standing to individuals and groups like 'Friends of the Earth' with far less specific allegations of injury-in-fact than ProEnglish and its physician co-plaintiffs demonstrated," said ProEnglish Executive Director K.C. McAlpin. The decision is being appealed to the 9th Circuit Court of Appeals.

Previously, ProEnglish had sued the Bush administration to overturn Executive Order 13166.
Read about that lawsuit here, or more in depth, here.

ProEnglish's press release on the filing of this lawsuit
ProEnglish Chairman Bob Park's press statement on the filing of this lawsuit
Court Documents:
Initial brief of the HHS Lawsuit, in HTML, .doc (Word), or .pdf (Acrobat)
Support for our motion for a preliminary injunction. ("PSAs") (.pdf only)
Opposition to motion for a preliminary injunction. (.pdf only)
Our reply to opposition to prelimary injunction. (.pdf only)
9th Circuit Court of Appeals decision. (pdf only)


Action Urge Congress to defend English Model official English statute Donate Current Legislation State Profiles ProEnglish BLOG Sign up for Twitter Email sign up Issues Official English Bilingual Education English on the Job Citizenship and Immigration Bilingual Ballots Puerto Rican Statehood Ending E.O. 13166, the "Multilingual Mandate" Contact us: 1601 N. Kent St. Suite 1100 Arlington, VA 22209 ph: (703) 816-8821		ProEnglish files challenge to translation rules On August 31, 2004, ProEnglish sued the U.S. Department of Health and Human Services (HHS), and HHS Secretary Mike Leavitt, to challenge HHS policy that requires translations and interpreters for non-English speaking persons. The Association of American Physicians and Surgeons, and three individual doctors joined ProEnglish as co-plaintiffs on the suit. The Pacific Legal Foundation is representing all of the plaintiffs on the action, which was filed in U.S. District Court in the Southern District of California. The HHS Policy Guidance was issued to implement Executive Order 13166, which ProEnglish seeks to have rescinded. President Clinton issued the executive order in August 2000. It says that recipients of federal funds that fail to provide translation and interpreter services may be guilty of violating the Civil Rights Act of 1964, which prohibited discrimination on the basis of national origin. The order covers federal agencies, state and local government agencies, doctors and other medical providers receiving Medicare and Medicaid reimbursement, and government contractors. ProEnglish argues that Congress never intended the Civil Rights Act to require interpretation and translation services, and did not mean "language" when it said "national origin." ProEnglish contends that the HHS policy violated the Administrative Procedures Act because the regulation was effective immediately without a legally required period of public comment. Finally, ProEnglish charges the policy violates the First Amendment to the Constitution, because it forces medical providers and others to change their way of doing business and speak in a manner not of their own choosing. Update: U.S. District Court Judge Barry Moskowitz dismissed the lawsuit March 8, 2005. Judge Moskowitz ruled that neither ProEnglish nor any of the co-plaintiffs could show sufficient injury to have the standing to challenge the HHS rules in court. ProEnglish and its attorneys believe the judge clearly erred by ignoring case precedents that would have granted the plaintiffs the standing to sue. "As our brief pointed out, federal courts routinely grant standing to individuals and groups like 'Friends of the Earth' with far less specific allegations of injury-in-fact than ProEnglish and its physician co-plaintiffs demonstrated," said ProEnglish Executive Director K.C. McAlpin. The decision is being appealed to the 9th Circuit Court of Appeals. Previously, ProEnglish had sued the Bush administration to overturn Executive Order 13166. Read about that lawsuit here, or more in depth, here. ProEnglish's press release on the filing of this lawsuit ProEnglish Chairman Bob Park's press statement on the filing of this lawsuit Court Documents: Initial brief of the HHS Lawsuit, in HTML, .doc (Word), or .pdf (Acrobat) Support for our motion for a preliminary injunction. ("PSAs") (.pdf only) Opposition to motion for a preliminary injunction. (.pdf only) Our reply to opposition to prelimary injunction. (.pdf only) 9th Circuit Court of Appeals decision. (pdf only)