On Wednesday, July 29, 2026, a federal appeals court unanimously ruled that the African People’s Education and Defense Fund (APEDF) has a valid complaint against Pinellas County for illegally revoking one grant and denying a second, totalling $100K, in violation of the group’s constitutional protections against racial discrimination and suppression of its First Amendment rights.
The court’s decision in favor of the APEDF and its black community FM radio station, “Black Power 96” in St. Petersburg, Florida, has established new binding federal case law protecting organizations from being defunded based on the exercise of their First Amendment rights.
The mission of the APEDF is to defend the human and civil rights of the African community and end the disparities faced by African people in health, healthcare, education and economic development. Known as “the baddest nonprofit on the planet”, it has served the black community of St. Petersburg, Florida for over 30 years with an array of free programs providing healthy food, fitness, education, health care advocacy, job training and media access.
In 2022, the APEDF was awarded a COVID-relief grant by Pinellas County to buy equipment for its radio station, having been ranked fourth highest among 55 applicants. The grant was later revoked after County Commissioner Chris Latvala mobilized opposition from the Board based on the APEDF’s association with the Uhuru Movement.
A second grant, for a building generator to keep the radio station on-air and the food in the APEDF’s community kitchen refrigerated during power outages, was ranked fourth highest of 78 applicants. It was also denied. The APEDF was the only nonprofit designated for either grant that was defunded by the County.
The black nonprofit filed a lawsuit in federal court alleging that Pinellas County violated its constitutional rights to freedom of association and protection against racial discrimination. They seek restoration of the grant funds for which they qualified.
In 2024, at the County’s request, District Court Judge Thomas Barber dismissed the lawsuit. In this week’s decision, the federal appeals court reversed the dismissal and remanded the case back to trial in Tampa.
Appeals court Judges Newsom, Brasher and Huck saw through the County’s efforts to hide the true reason that the APEDF’s grants were revoked and denied. County Commissioner Latvala had stated publicly that he opposed the funding because of the APEDF’s association with the Uhuru (African freedom) Movement.
He then colluded with the rest of the Commissioners to construct a series of false reasons, called by the court “pretextual”, to conceal the discriminatory actions of the County.
The federal appeals court ruling on the First Amendment issue set new case law precedent with the following conclusion: “We hold 1) that APEDF is entitled to the full First Amendment protection enjoyed by ordinary citizens, not the qualified protection given to government employees and established government contractors, and 2) that it has plausibly alleged that the County revoked its first grant and denied its application for a second grant on account of its protected association with the Uhuru Movement.”
Deciding in favor of the APEDF, the appeals court cited a 1998 Supreme Court ruling that left the door open for such a challenge to defunding, stating “Even in the provision of subsidies, the Government may not aim at the suppression of dangerous ideas.”
The 11th Circuit stated that “The essence of APEDF’s First Amendment claim here is that the County manipulated the ARPA grant program to suppress ideas that it viewed as dangerous – namely, those associated with the Uhuru Movement. That, it seems to us, is the very kind of claim that the Finley Court suggested might have merit.”
The appeals court also validated APEDF’s claim of racial discrimination, where numerous similarly situated nonprofits that serve predominantly white neighborhoods and constituents were funded through the County’s COVID-relief grants and the Commission’s anti-black bias was publicly voiced by Latvala and others.
Attorney Luke Lirot is known for his defense of First Amendment rights. He is representing the APEDF along with his associate Attorney Rachel Ricks. “We are extremely happy that the recent Opinion recognized the many wonderful programs and services offered by the APEDF to the community and exposed the discriminatory and unconstitutional approach that Pinellas County took in denying the APEDF the grants they applied for and so well deserved.
“We are overwhelmingly pleased that this Opinion adopted our First Amendment arguments and articulated and explained their importance so masterfully. We appreciate the fact that this Opinion will serve to protect others who may later become the targets of discrimination, the victims of blatant denials of equal protection, or others that may suffer from other governmental conduct designed to deprive them of precious First Amendment rights,” said Lirot.
Mr. Eddie Maultsby, Black Power 96 radio’s station manager, declared, “I want to thank our brilliant attorneys and the outpouring of community support for our case. We are a small station fighting an important battle for the right of our black community to have access to the resources that we deserve. We are leading the way and bearing the brunt of the fight for free speech and freedom of association for everyone. We are winning!”
To support the APEDF’s work in defense of black rights and the First Amendment, visit www.blackpower96.org/legalfund
