Lawyers for Civil Rights Boston filed a federal discrimination lawsuit in the United States District Court for the District of Massachusetts Thursday on behalf of TrailblazHers Run Co. The lawsuit is directed against “the BOSTON ATHLETIC ASSOCIATION, CITY OF NEWTON, and JOHN F. CARMICHAEL JR., Chief of Police of the Newton Police Department, in his official capacity.” In a press release, the running group stated it “is seeking to forestall a repeat of the racial profiling incident that occurred at the 2023 Boston Marathon” and “seeks redress for emotional distress and trauma caused by last year’s racial profiling incident.”
According to the lawsuit, the plaintiffs “seek to enjoin Defendants BAA and NPD from racially profiling and discriminating against them and seek damages to remedy past harms. Defendants’ conduct violated and – unless enjoined – will continue to violate, Plaintiffs’ rights under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution; 42 U.S.C. § 1985’s prohibition against conspiracies to deprive individuals of their civil rights; and M.G.L. c. 272 s. 98’s prohibition on discrimination in public accommodations.” The financial damages sought are not specified in the filed document.
The episode at last year’s Boston Marathon began on Commonwealth Avenue just before the start of Heartbreak Hill, beginning at 11:40AM, in a moment captured by Fig City News, when members of the group encroached on the course and fired confetti canons in the path of Boston Marathon champion Des Linden (see photo above). The Boston Athletic Association (BAA) reported this incident through channels to the Metropolitan Law Enforcement Council (METRO-LEC) unit in charge of security on this portion of the course, which was under the command of the Newton Police. The unit escalated its response and presence over the course of the day. Newton Police have stated this was in response to members of the cheering group repeatedly disregarding police instructions to cease entering the course to cheer on members of their team as they passed, and not influenced by race. The running group states in its press release that officers refused multiple attempts at de-escalation.
The episode peaked later in the day when the group was encircled by police officers barricading the course with bicycles on Commonwealth Avenue and with a large group of officers behind the group on the Carriageway.
(See below for full chronology of Fig City News coverage.)
The TrailblazHers Run Co. press release about the lawsuit included this statement from TrailblazHers Run Co. founder Liz Rock:
“I am deeply disappointed by the lack of attention that the BAA has given to our cause. Over the years we have worked tirelessly to make running more accessible to BIPOC runners in Boston, and we expected the BAA to be a partner in this endeavor. However, their actions have not lived up to their words. They claim to want to elevate diverse leaders in the sport, but they have consistently fallen short of this goal. Nevertheless, we are a determined group committed to making a fundamental change in this community. We will continue to push forward and work towards our mission despite the obstacles that we have faced.”
TrailblazHers Run Co. found Liz Rock
The running group also expressed in its press release a concern that the BAA has reportedly secretly apologized to the police officers involved.
Mayor and Police Chief respond
Newton Police Chief John Carmichael and Newton Mayor Ruthanne Fuller released the following statements in response to the lawsuit:
“As Chief of the Newton Police Department, I have become aware of a federal lawsuit filed against me and our department less than 72 hours before this year’s Marathon.
Upon reviewing the complaint, I unequivocally contest the document’s substance as presented. I stand by my decisions that day, and more importantly, I stand by our officers who acted appropriately, respectfully and as expected.
This year we will again be focused on ensuring everyone stays safe on Marathon Monday and I look forward to a great event for all.”
John Carmichael, Chief of the Newton Police Department
As the 128th Boston Marathon fast approaches, we look forward to seeing Run Crews who celebrate and cheer along Commonwealth Avenue near Mile 21 and so many others as Newton
has the longest stretch of the course.The Boston Marathon is a joyous occasion, and the Run Crews add much enthusiasm to the experience for so many athletes making their way up Heartbreak Hill.
We continue to have an open door and we hope for open lines of communication with the Run Crews. As we have offered, we would be happy to speak or meet with the Run Crews before April 15 to answer any questions they might have or to discuss any concerns.
We look forward to Monday and working with everyone to have the Marathon be joyous and safe.
As for the complaint filed in Federal Court on Thursday, we are confident that our Police Department acted respectfully and appropriately during the 2023 Boston Marathon.
Newton Mayor Ruthanne Fuller
Fig City News coverage of the incident and its aftermath
- Controversy at Mile 21 of the Boston Marathon (April 18, 2023)
- BAA CEO apologizes for not making marathon “a great day for everyone” (April 22, 2023)
- City of Newton responses to police activity at marathon (April 22, 2023)
- City Council sub-committee to review police response at marathon Wednesday 7PM (June 20, 2023)
- Newton reviews police response at marathon (July 4, 2023)
- Road closures for Boston Marathon on Monday April 15 (April 9, 2024)
