In an unusual action designed to force EPA to take a stand on civil rights, on Feb. 16, IKE filed an administrative civil rights complaint against U.S. Environmental Protection Agency’s Office of Civil Rights (OCR). Like many other civil rights activists across the country, IKE has waited months for EPA’s OCR to decide to accept, reject or refer a pending civil rights complaint.

The law requires that OCR make a decision within 20 days of acknowledging receipt. In IKE’s case the complaint was filed on October 19, 1999—more than 400 days ago. If we had a cake, we could put 24 candles on the cake to commemorate the 24 times that the deadline has been missed. While we have waited, the discrimination caused by the operation of the City of Indianapolis’ CSO system has continued unabated.

So why file a complaint against the very office that cannot make a decision on IKE’s original complaint against the City of Indianapolis? IKE has learned that EPA’s Offices of Civil Rights and of General Counsel are deadlocked on the issue. An attorney in the Office of General Counsel is taking a hard line in anticipation of the new administration’s direction on civil rights actions.

Based on her handling of the black profiling issue in New Jersey, IKE is hoping that Administrator Todd Whitman continues her track record of giving civil rights issues a fair hearing that is based on facts, not legal machinations. This complaint may serve as a marker for her commitment to sound and timely decisions about civil rights.