ProEnglish denied standing in suit challenging H.H.S. mandatory translation rules
Judge's Decision Denying Standing is Blatantly
One-Sided Application of Law

(Arlington, VA) ProEnglish, a national organization that supports making English the official language of government operations, said the decision announced today by a San Diego federal judge to dismiss its lawsuit against the U.S. Department of Health and Human Services' (HHS) mandatory translation rules was a grossly one-sided application of the law.
      In the ruling, U.S. District Judge Barry Moskowitz said neither ProEnglish nor the physician co-plaintiffs in the lawsuit demonstrated sufficient injury-in-fact to have standing to challenge HHS's "don't use English" rules pursuant to Executive Order 13166 (EO 13166).
      ProEnglish Executive Director K.C. McAlpin said, "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." He added, "In the Friends of the Earth case, a plaintiff's claim that he liked to fish, camp, swim, and picnic near a river that 'smelled polluted' was ruled deemed sufficient injury to have standing. But in Judge Moskowitz's highly selective view, the government's threat to label doctors 'discriminators' and haul them into court if they fail to change the way they communicate with their non-English speaking patients - and have since time immemorial - is no injury at all."
      McAlpin said ProEnglish was deeply disappointed by the judge's decision, which if it stands prevents a judicial review of the legality of HHS's mandatory translation rules. "Unless your cause is politically correct, there is no equal access to the law in this country, " McAlpin charged. He said what was needed was a judicial system that was "fair and balanced" again, and that ProEnglish would likely appeal after conferring with attorneys from the Pacific Legal Foundation that is representing ProEnglish and the other plaintiffs.
      The suit was filed August 30, 2004 against HHS and the Secretary of HHS, challenging HHS policy requiring translations and interpreters for non-English speaking persons. In addition to ProEnglish, the Association of American Physicians and Surgeons (AAPS), and four individual physicians were named as co-plaintiffs.
      HHS promulgated its policy in August of 2003 pursuant to Executive Order 13166 (E.O. 13166), issued by President Clinton in August 2000. It says that recipients of federal funds - a huge class that includes doctors participating in Medicaid or Medicare as well as state and local government agencies - that fail to provide free translation and interpreter services for their non-English speaking clients may be guilty of violating the ban on "national origin" discrimination in Title VI of the 1964 Civil Rights Act. President Bush subsequently reaffirmed the order despite objections from many affected groups including AAPS and the American Medical Association.
      The complaint charged that the HHS policy violates the Administrative Procedures Act and the First Amendment to the Constitution and forces medical providers and others, without reimbursement, to speak in a manner not of their choosing, exposing them to liability under both federal law and malpractice claims.

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