Pasadena Public Health Department Sued Over Race-Based Eligibility for Infant Health Program

A Pasadena mother has filed a federal class-action lawsuit against the Pasadena Public Health Department, its director and two other government agencies, alleging that California’s Black Infant Health program violates the U.S. Constitution by restricting eligibility on the basis of race.

The complaint, filed April 2 in the United States District Court for the Central District of California, names the Pasadena Public Health Department and its Director of Public Health Manuel Carmona as defendants alongside the Los Angeles County Department of Public Health and the California Department of Public Health.

Pasadena Chief Communications Officer Lisa Derderian acknowledged “we have been served and are reviewing the lawsuit.”

Plaintiff Erica Jimenez, a Pasadena resident who gave birth to her first child in mid-March, alleges she completed the City of Pasadena’s online interest form for the Black Infant Health program while she was pregnant. According to the complaint, she received a call from a program coordinator on Feb. 27, 2026, who explained that the program was limited to mothers who meet the program’s racial eligibility criterion — or whose infants do.

After learning that Jimenez is not Black, the coordinator informed her she was excluded from the program and referred her to other resources, according to the complaint.

The lawsuit was filed by the Pacific Legal Foundation, a Sacramento-based law firm. Attorneys Andrew R. Quinio and Samantha R. Romero-Drew represent the plaintiff.

The complaint asserts two causes of action: violation of the Equal Protection Clause of the Fourteenth Amendment under 42 U.S.C. § 1983, and intentional discrimination in violation of Title VI of the 1964 Civil Rights Act, which prohibits recipients of federal funding from excluding individuals on the basis of race.

The Black Infant Health program was established by the California Legislature to reduce Black infant mortality rates and address health disparities among Black women, infants and children. According to the complaint, the statewide program’s website states that its free services are open to “all Black women who are 16 years or older, pregnant or up to six months postpartum at the time of enrollment regardless of income.”

The Pasadena program limits eligibility to individuals who are at least 16 years old, identify as Black or African American, and are pregnant or up to six months postpartum, the complaint states. Applicants provide their contact information, date of birth, pregnancy status, first-time motherhood status and race.

The complaint states that accepted participants in Pasadena receive 10 prenatal and 10 postpartum group sessions that include activities exploring pregnancy and parenting, as well as guidance and referrals on topics including health insurance assistance and family planning counseling.

The program receives federal Title V Maternal and Child Health Services block grant funding. For state fiscal years 2024–2025 and 2025–2026, the California Department of Public Health allocated $5,524,000 to Los Angeles County, with $902,405 of that amount comprising Title V funds, according to the complaint.

The Pasadena Public Health Department contracts with Los Angeles County to receive funds and provide the program’s services to eligible women in certain geographic areas.

The complaint argues that the program’s racial eligibility requirement amounts to a racial classification that cannot survive strict scrutiny — the legal standard requiring that any government use of race be narrowly tailored to serve a compelling governmental interest.

The filing contends that the racial criterion “does not serve a compelling government interest,” “does not remediate any specific instances of racial discrimination,” and “uses race as a negative.”

Jimenez seeks a declaration that the program’s racial exclusion violates both the Equal Protection Clause and Title VI, a permanent injunction barring the defendants from excluding otherwise eligible mothers on the basis of race, judgment against the defendants for the deprivation of her rights, nominal damages of $1.00, and attorney fees.

Carmona is sued in his official capacity as director of the department. According to the complaint, the Pasadena Public Health Department “administers programs for the control and prevention of disease, promotion of maternal and child health, and promotion of public health, including the local BIH program.”

The complaint was filed as a class action on behalf of all persons who meet the nonracial eligibility criteria for the program but are excluded due to race.

Derderian said the city cannot comment on the matter while litigation is pending.