class action lawsuits and community empowerment

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Class Action Lawsuits andCommunity EmpowermentMary Banach ACSW, DSW a , Deborah Hamilton MSW,DEd b & Penelope M. Perri MSW ca Department of Social Work, School of Health andHuman Services , University of New Hampshire ,Pettee Hall, 50 College Road, Durham , NH ,03824-3599 , USAb Strafford Guidance Center , Dover , NH , USAc Frisbee Elementary School , Kittery , ME , USAPublished online: 22 Sep 2008.

To cite this article: Mary Banach ACSW, DSW , Deborah Hamilton MSW, DEd &Penelope M. Perri MSW (2003) Class Action Lawsuits and Community Empowerment,Journal of Community Practice, 11:4, 81-99, DOI: 10.1300/J125v11n04_05

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Class Action Lawsuitsand Community Empowerment

Mary Banach, ACSW, DSWDeborah Hamilton, MSW, DEd

Penelope M. Perri, MSW

ABSTRACT. This article describes the results of a qualitative study ex-ploring community members’ perceptions of the effects of a class actionlawsuit challenging inequitable funding for adequate education initiatedby a small city in New Hampshire. The extent to which the communitywas empowered as a result of the lawsuit and the effects on the commu-nity in general, were explored. Although respondents had mixed viewsabout the effects of the lawsuit on the community, actions that the com-munity had taken and responses within various groups indicate degreesof community empowerment. Respondents also articulated suggestionsfor use of class action lawsuits. An analysis of community members’perceptions in the aftermath of a class action lawsuit points to implica-tions for social work practitioners involved in community work and le-gal actions on behalf of social justice. [Article copies available for a feefrom The Haworth Document Delivery Service: 1-800-HAWORTH. E-mailaddress: <[email protected]> Website: <http://www.HaworthPress.com>© 2003 by The Haworth Press, Inc. All rights reserved.]

Mary Banach is Associate Professor, University of New Hampshire, Department ofSocial Work, School of Health and Human Services, Pettee Hall, 50 College Road,Durham, NH 03824-3599 (E-mail: [email protected]). Deborah Hamilton isa Youth and Family Therapist, Strafford Guidance Center, Dover, NH. Penelope M.Perri is an Elementary School Counselor, Frisbee Elementary School, Kittery, ME.

Dr. Banach would like to gratefully acknowledge the University of New Hampshirefor receipt of a Summer Faculty Fellowship supporting this research.

Journal of Community Practice, Vol. 11(4) 2003http://www.haworthpress.com/web/COM

2003 by The Haworth Press, Inc. All rights reserved.Digital Object Identifier: 10.1300/J125v11n04_05 81

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KEYWORDS. Community empowerment, class action lawsuits, socialjustice, educational funding inequities

INTRODUCTION

Class action lawsuits, which attempt to ameliorate problematic con-ditions experienced by groups of people, can be effective tools to ad-dress social and environmental injustices. Although some scholarscriticize class action lawsuits as “a method of empowerment”(Cerminara, 1998, 1999), class action lawsuits also have the potential toempower groups of people or communities (White, 1989). It is the con-tention of this article that although class action lawsuits are a slow mov-ing means of change and empowerment may only be experienced bysome portion of the community, social workers should be aware of classaction lawsuits’ potential to facilitate social and economic justice.

The present study focuses on ways the Claremont lawsuits (Clare-mont School District & a. v. Governor & a., 1993; Claremont SchoolDistrict & a. v. Governor & a., 1997) impacts both community develop-ment efforts and empowerment of community members in Claremont,New Hampshire. An examination of how this community has both uti-lized and encountered the aftereffects of a class action lawsuit bearingits name instruct practitioners in considering methods of empowermentand community action. The original lawsuit was initiated by a lawyerwho was on the Claremont school board. Data reveal a mixed result inconsidering true community empowerment

The city of Claremont is situated on the banks of the Connecticut Riveralong the western border of New Hampshire with a population of approxi-mately 15,000 people (http://www.claremontnh.com/aboutclaremont.htm).Claremont historically was a vigorous industrial center accommodating sev-eral major companies producing machine tools, textiles, shoes, and paper inan area labeled the “Industrial Frost Belt” (Cook, 1992, p.186). The eco-nomic viability of Claremont changed in the late 1970s during the reces-sion that devastated many Northern industrial centers (Cook, 1992). Amajor loss was the departure of Joy Manufacturing from Claremont in the1970s which eliminated 1000 jobs from the city. Other companies fol-lowed along with a departure of much of the middle class (Frisby, 1996).“Left behind was the state’s poorest city, hamstrung by the highest propertytaxes” (Frisby, 1996, p. 35).

The issue of property taxes became the impetus for the initiation ofthe class action lawsuit in 1992 by Claremont, in conjunction with five

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“property poor” school districts who alleged that the state had a duty tosupport public schools. This class action lawsuit relied on the NewHampshire Constitution’s literature clause (N.H. Constitution, pt. 2, art.83) to contend that the state had a duty to “provide a constitutionally ad-equate education to every educable child and to guarantee adequatefunding” (Claremont School District & a. v. Governor & a., 1993, p. 1).With this court action, New Hampshire joined 41 other states in whichschool funding adequacy was challenged through the use of state consti-tutions (Winterhof, 1999). In 1993, the New Hampshire Supreme Courtdecided that the New Hampshire Constitution did impose a duty on thestate to provide a constitutionally adequate education and to guaranteeadequate funding (Claremont School District & a. v. Governor & a.,1993). A subsequent New Hampshire Supreme Court decision declaredthat a system of financing elementary and secondary education whichrelied solely on local property taxes was also unconstitutional (Clare-mont School District & a. v. Governor & a., 1997). The Court directedthe governor and the legislature to find another solution to school fi-nancing.

A number of different proposals, both temporary and permanent,have been put forward with continued avoidance of a statewide incomeor sales tax. As of this writing, the temporary solution devised by thegovernor, which was a statewide property tax configured around a com-plex abatement formula in which property rich towns subsidized poortowns, was successfully challenged in court and is being appealed. Thestate has yet to come up with a solution. As a number of articles note,New Hampshire has joined the ranks of many states struggling with theissue of adequate school funding subsequent to court decisions (Fox,1994; Robinson, 1998; Winterof, 1999).

Studies exploring the effects of class action lawsuits on communitiesto date have focused primarily on the environmental justice movementand organization of low-income housing communities. Empowermentof community members has been observed when communities have be-come mobilized around a common concern such as an environmentalcondition. There has been no systematic research, however, about waysthat educationally oriented class action lawsuits, focusing on both advo-cating for adequate education and school finance reform, have affectedcommunities and community members.

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REVIEW OF THE LITERATURE

Class Action Lawsuits

As noted, research exploring the effects of class action lawsuits oncommunities has focused primarily on environmental justice initiativesand improvement of low-income housing complexes. Environmentaljustice initiatives, begun in the 1960s and 1970s, sought environmentalreform and regulatory relief from life-threatening toxins and pollutants(Shephard, 1994). Although initially started as a middle-class phenom-enon, the environmental justice movement has been extended to focuson environmental racism, which encompasses environmental practicesand policies that differentially affect or disadvantage communitiesbased on race or color (Gunn, 1996). Scholars examining environmen-tal justice initiatives have analyzed the impact of these strategies to fur-ther success with environmental reform (Foster, 1998; Gunn, 1996).Class action lawsuits, citing both state and federal statutes, have been amainstay of environmental justice initiatives. Although there has beensuccess in utilizing judicial remedies, according to Gunn (1996), moresignificant change necessitates a variety of strategies including buildingcoalitions across racial and class lines, educating community membersabout environmental matters of concern to them, aggressively enforcingfederal statutes, and increasing awareness on the part of government tothe needs and circumstances of low-income and minority communities.Gunn furthermore concludes that “it is difficult to conceive of attainingenvironmental justice without corresponding economic and politicalprogress” (1996, p.1299).

Various authors have explored strategies and methods utilized bygrassroots community groups (Chavis, 1995; Foster, 1998; Kuester,1995; Martinez, 1994; Schuyler, 1992) which emphasize the impor-tance of motivation, crucial planning, and acceptance of responsibil-ity for one’s community. Empowerment has been noted to occur incommunities as a result of the environmental justice movement andassociated class action lawsuits (Gunn, 1996; Saegert & Winkel,1996).

Although some attention has been paid to parents’ commitment toschool funding reform in various communities (Waldron, 1997) and theneed for empowerment of teachers in rural settings (Smith & Lotven,1993), the literature shows little consideration of the effect on commu-nities of school funding reform initiatives.


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Individual and Community Empowerment

Empowerment has become a buzz word (Zippay, 1995) with refer-ence to both individuals and communities. Although used in varyingcontexts, there is an emerging consensus regarding its general defini-tion: “a process by which people gain control over their lives, demo-cratic participation in the life or their community, and a criticalunderstanding of their environment” (Perkins & Zimmerman, 1995,p. 570). This definition draws on the earlier work of Rappaport, whoemphasized mastery either at the individual or community level(Rappaport, 1987). Social work and psychology literature contains anumber of case and quantitative studies detailing the elements of em-powerment and routes to its attainment (Gutiérrez, 1990; Itzhaky &York, 2000; Leavitt & Saegert, 1990; Shlay, 1993; Shlay & Holupka,1992; Zimmerman, Israel, Schulz, & Checkoway, 1992).

Empowerment, as implied in its definition, describes both anoutcome and a process. Intertwined in these elements are also so-ciological and psychological components. One element of empow-erment entails the development of a more positive self-concept(Kieffer, 1984). Gutiérrez (1995) recognizes this element as beingpart of self and collective efficacy. Drawing upon the work ofBandura (1982) and Pecukonis and Wenocur (1994), Gutiérrez de-tails this efficacy as referring “to beliefs that one is capable of ef-fecting desired changes in one’s life” (1995, p. 230). Saegert andWinkel (1996) refer to “psychological hardiness” in individualswho attain and maintain this efficacy. Kieffer (1984) describes asecond element of empowerment as the development of more criti-cal or analytic understanding of the political and social environ-ment. Other scholars have referred to this element as thedevelopment of a sense of critical consciousness (Freire, 1973;Gutiérrez, 1995; Zimmerman & Rappaport, 1988). In essence, thisincludes a recognition of individuals or groups that circumstances,dilemmas, or needs they are encountering are shared by others aswell (Couto, 1998). The critical analysis of events and the environ-ment allows for the formation of effective strategies and actions,which anticipates the third element commonly mentioned in the lit-erature on empowerment: the “development of collective resourcesfor social and political action” (Couto, 1998, p. 575 citing Kieffer,1984). Resources can include new skills, competencies, acquisitionof allies, and location of funding sources to support actions.


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Although empowerment theory might suggest that empowerment de-velops sequentially from the first element to the third (e.g., from beliefto action), a causal route to empowerment has not been established(Couto, 1998; Itzhaky & York, 2000). Gutiérrez notes that the compo-nents of empowerment “can develop independently or in conjunctionwith one another” (1995, p. 229). The presence of community involve-ment and participation, however, has been found to be strongly con-nected with measures of empowerment (Zimmerman & Rappaport,1988). The connection between participation and empowerment is com-plicated, and the causal connection may run in both directions. In otherwords, taking action may precipitate a feeling of empowerment and be-ing empowered may encourage the initiation of meaningful actions.

Studies suggest that joint activities attempting to change distributionsof power, achieve material improvements, and increase individual em-powerment often generate tensions potentially eroding a collective senseof community (Saegert & Winkel, 1996; Riger, 1993). Social tensionscan emerge as a result of differences in levels of involvement in commu-nity activities and the multiple demands on community leaders. Commu-nity members who have a clear sense of community tend to have greaterinvolvement in community activities (Chavis & Wandersman, 1990;Maton & Rappaport, 1984). Greater involvement allows communitymembers to have increased access to information and commitment tocommunity change goals. The challenge of creating community is facedby community leaders who have to balance the demands of dealing withimmediate crises and fiscal needs with maintaining lines of communica-tion through informal contacts and a dedication to “really listening”(Saegert & Winkel, 1996).

Community empowerment can be inferred from the discussion of theway that communities address problems. The importance of shared goalsand acting together for the common good can be characterized as building“community capacity” (Zippay, 1995). Consciousness, communication,and participation remain key ingredients of community empowerment.

METHODOLOGY

This study examined perceptions that Claremont community mem-bers hold about how the Claremont class action lawsuit has affectedtheir community. Since the focus was on the perceptions of participants,information gathered was obtained through in-depth interviews of com-munity members. Claremont community members recommended by


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other community members (a snowball sample) were contacted initiallyby mail to ascertain interest in participating in the study. The initial listof community members was obtained from a community group servingas a steering committee for a nonprofit program. Additional names andaddresses of various community members were secured in consider-ation of community asset mapping (Kretzmann & McKnight, 1996) toinclude a broad spectrum of various community groups. Communitymembers who sent back an informed consent form were contacted andinterviewed over the telephone.

Twenty-six Claremont community members were interviewed. In or-der to completely preserve anonymity, particularly in light of the smallcommunity and the nature of the change effort, no identifiable demo-graphic information was sought. However, analysis of the data revealsthat respondents came from a wide range of occupations including edu-cators, business owners, service industry providers, local and state rep-resentatives, lawyers, public service representatives, and social serviceproviders. Although not asked, several respondents self-identified asconservative Republicans and several as progressive Democrats. All re-spondents were either living in Claremont or had previously lived inClaremont. All currently worked in the community of Claremont.Given the self-selection process for inclusion in the research, these re-spondents were interested in and concerned about the community andthe issues concerning the lawsuit.

The analysis considered the following research questions: Where didthe idea to pursue the Claremont lawsuit originate? What, if anything,was your participation in the Claremont lawsuit? How has participationin the Claremont lawsuit affected your involvement in other communityprograms? How have various community groups perceived the ad-vancement of the Claremont lawsuit? What changes, if any, have beennoticed in the community since the initiation of the Claremont lawsuit?To what extent has there been a shift in the way the community and indi-vidual community members feel empowered? What advice or sugges-tions could be made in regard to the use of class action lawsuits forcommunity development?

Qualitative analysis of the data utilized standard activities of data re-duction, data display, and conclusion drawing and verification for agrounded theory approach (Miles & Huberman, 1994). As noted, all in-terviews were transcribed, and the researchers located key phrases andmeanings regarding the essential features of the data. More than 200pages of interview transcripts were analyzed. Following an initial loca-tion of key phrases, all interviews were coded using theories, concepts,


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and categories which had come through the data (Strauss & Corbin,1990). Coding was refined through a process of initial identification ofconcepts followed by continual review of interviews to further organizethe data. Finally, memos were written and diagrams drawn allowing fora visual representation of the themes and dimensions that emerged.

Verification was achieved through a process of triangulation involv-ing each of the authors examining the interviews and analyzing the datafor theories and concepts. Through a series of discussions of the find-ings, the authors agreed on the most important themes to emerge fromthe data. Another process of triangulation entailed examining and ana-lyzing three interviews (more than 10% of the sample) conducted at theend of the interviewing process to determine if additional themes hadnot emerged from the initial analysis of the other 23 interviews and ifcoding schemes arrived at by the authors were trustworthy (Lincoln &Guba, 1985). Based on this process, the themes identified were robustsince the three interviews analyzed confirmed codes and theories ema-nating from the data.

RESULTS

The respondents had many observations about the origins of the classaction lawsuit, the effects of the class action lawsuit on the community,and suggestions for communities to effectively utilize litigation as ameans of change. Additionally, respondents offered opinions on the ex-tent to which they thought the community had been empowered throughthe initiation of the lawsuit and the decision of the New Hampshire Su-preme Court. Each of these issues will be discussed with examples ofthe observations and opinions from the respondents.

Origins of the Claremont Class Action Lawsuit

Two primary sources were mentioned as the impetus for initiation ofthe education funding class action lawsuit from the perspective of thecommunity residents: frustration with an inequitable tax structure foreducational funding combined with an economic decline in the commu-nity. The New Hampshire educational funding structure was based onlocal property taxes with no broad-based state taxes to supplementneeded financing. The community of Claremont historically had an ed-ucational system rated very highly in the state. However, the departureof a large manufacturing company in the 1980s, which was the primary


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employer in the community, left Claremont bereft of the substantial taxbase it had enjoyed. A subsequent economic decline precipitated an un-precedented increase in property taxes to fund the schools. Communityresidents became increasingly dissatisfied with the amount of taxes theywere paying compared to other communities.

The end result was recognition of the unfairness of the state educa-tional funding mechanism. As one respondent stated, “It was the schoolboard members and other people in the community, [who thought] itjust couldn’t continue to go on at the present rate. And it was so unjustthat it just boiled over in the neighborhood, whenever you would gatherwith friends or other people, especially people coming from outside thecommunity . . . people would look at us and shake their heads and theywould say, this is unreal . . . Why are we letting his injustice continue?And one person with enough courage stepped forward to get thingsstarted. It makes me think of Rosa Parks on that bus in Alabama saying,no more.” Although the one person consistently mentioned was aschool board member who actually initiating the lawsuit, the wellspringof dissatisfaction was the impetus for the member’s action. In essence,community members who were in leadership positions initiated andpromoted the lawsuit. A respondent, commenting on the initiators of thelawsuit, said “They’re the cerebral types who would think of challeng-ing this.” This comment indicates some community members’ mixedreaction to the lawsuit which will be further explicated.

Effects of the Lawsuit on the Community

Several themes emerged from the data regarding personal responsesto the lawsuit and effects on the community in its aftermath. Prior to de-lineating these themes, it is important to discuss the perceptions of vari-ous community groups. Three different perceptions of the lawsuitappeared to emerge from the data: supportive/optimistic about the law-suit; disgruntled/frustrated; and either oblivious to or ambivalent.

Community members supportive of the lawsuit felt the suit validatedthe concerns of the community regarding the inequality of funding foreducation in the state. This group thought the lawsuit had sparked state-wide changes because of the public debate about educational fundinginitiated as a result. There was a feeling that the lawsuit had increasedpersonal optimism for community members who were working hard forthe best interests of children. One respondent said, “There’s somebodyout there who really does care about kids. Yeah, it has to be optimistic.Even thought the solutions aren’t anywhere near where I’d like to see


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them. There’s at least some people who are thinking about kids and thevalue of education.” This group also thought the lawsuit had made thecommunity think about educational issues and how to change the direeconomic straits in the community. It is this group that could be consid-ered empowered through initiation and support of the lawsuit.

A different group of community members were saddened and/orfrustrated by the lawsuit. Some in this group expressed the feeling thatthe lawsuit should never have been initiated since the problem was localand needed to be solved locally. Skepticism regarding the potential in-trusion of the state into local affairs was connected to the feeling that thelawsuit was unwarranted. Other disgruntled community members wereincreasingly frustrated because there was no immediate relief for thehigh taxes in Claremont. An initial optimism was dampened when theexpected change (decreased taxes) did not occur. The legislature wasviewed as unsupportive in the avenues chosen for implementation of thelawsuit’s victory. A respondent voiced this reaction, “I think initially,[it was] a rah-rah, good thing for Claremont particularly. And then, asthe Legislature played with it, I think that it got to be a very hurtful thingfor our community and I think that’s how it’s perceived.” Another re-spondent commented similarly, “I think frustration has been the over-riding sentiment. And I think to some extent it’s caused people to losefaith in state government.” Ironically, in the initial formula developedby the legislature to solve the educational funding inequities, othertowns appeared to be fairing better.

A third group’s perceptions could either be classified as oblivious tothe lawsuit or holding a mixed view. Some community members, strug-gling with economic and personal difficulties, were thought to be obliv-ious of either the lawsuit or the implications of the lawsuit’s intentions.Although these community members could conceivably be beneficia-ries of the lawsuit’s success, they were too preoccupied to either attendto the progress or participate in any way. Those having a mixed view ofthe lawsuit either were supportive of the actions but questioned the re-sults, or were confused because of the unforeseen consequences. Thisgroup could not be considered empowered as result of the lawsuit.

The consequences of the lawsuit emerged when respondents wereasked about any perceptions they had about changes the community hadsustained as result of the lawsuit. Both positive and negative commu-nity changes were noted. Some effects of the lawsuit impacted the com-munity as a whole and others impacted individual community members.

Positive effects of the lawsuit on the community included an in-creased focus on making educational improvements. One respondent,


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discussing a number of educational reforms and initiatives begun afterthe lawsuit’s inception, said of the actions, “I’m not so sure we would bedoing that in the first place if there was no Claremont lawsuit.” Anotherperceived positive effect on the community as a result of the lawsuit wasthat it helped to unite the community. There was an increased sense ofbravery to stand up for what the community deserves. Some respon-dents thought this increased courage had a spillover effect in the com-munity’s successful attempt to gain approval for the Main Streetprogram, a state-funded program allocating monies towards restorationof historic downtown centers in towns that had experienced economicdecline. Some respondents thought that the lawsuit had helped the com-munity to consider a number of different actions in its own behalf in-cluding the Main Street program. “I think the success of the Claremontlawsuit may have given [initiators of the Main Street program] enoughcourage to venture out and do that.” One other inadvertent effect of thelawsuit noted by respondents is that it slowed down a tax stabilizergroup, which was thought to be a divisive influence in city government.

A substantial number of respondents perceived negative effects onthe community as a result of the lawsuit. Some respondents thoughtthere was a flight of the middle class from Claremont, since the publicperception was that the community had inadequate schools. “[T]he big-gest thing is this flight of the people who could leave to find better edu-cational opportunities for their children. And of course, they don’t wantto stay in Claremont because . . . whether or not it’s true . . . they leavethis poor educational system behind and they go off.” Although it wasunclear from the data whether this flight was actually a result of the law-suit or the downward economic spiral the community had experiencedsubsequent to the departure of Joy Manufacturing and other industrialcompanies, this perception was accompanied by a view that there was anegative impact on real estate values as well. Other respondents, how-ever, thought there had been a real estate boom in the past few yearswhich was supported by data from the Real Estate Board of New Hamp-shire (http://www.nhes.state.nh.us/soicc/com_prof.htm). Associated withthe view that there had been a flight from the city of Claremont, was a per-ception that the lawsuit decreased funding possibilities for various commu-nity programs.

Another perceived negative effect of the lawsuit was mistrust of boththe Claremont Board of Education and government in general, as indi-cated earlier. Some thought the board of education was requesting moremoney than was actually needed in order to justify the lawsuit. Mistrustof state government sprang from the long delay of the legislature for any


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meaningful tax restructuring. Mistrust was also raised in terms of a per-ception that the lawsuit had widened the schism between families withschool-aged children and “empty nesters.”

A slightly different negative effect was associated with criticism thatthe community had sustained in the press and by other communities. Asa result of comments and unwanted questions that Claremont commu-nity members received in other communities, a number of respondentssaid that there was a decreased participation of professionals in state-wide professional organizations. These professionals did not want todeal with the unwanted negative attention and may have chosen to con-centrate their energies on local actions and advocacy.

Community Empowerment as a Result of the Lawsuit

Categories similar to the perceptions of the effects of the lawsuit onthe community emerged when respondents were asked whether thecommunity had been empowered as a result of the lawsuit. Four catego-ries emerged regarding empowerment: yes, the community had becomeempowered; no, it had not; yes, the community had become somewhatempowered; and any changes in community empowerment were un-connected with the lawsuit.

Respondents who thought the community had become empowered asa result of the lawsuit noted several reasons for their views. Some re-spondents thought that the lawsuit had brought people together. As onerespondent stated, “It gives them a cause celebre. It brings us together asa community and [does] not fragment us.” Similarly, “I think we’reworking harder overall as a community. I think we realize that althoughthe state and federal governments may help us out a little bit, we’ve gotto do a lot on our own.” Associated with this reasoning was a feelingthat the lawsuit had brought put the community statewide recognitionsince Claremont was in the position of initiating a statewide change.Claremont in the past had been in a similar position in initiating state-wide change. “This community at one time, like other mill towns com-munities, served the state in a tremendous capacity. And [with] the millsgone . . . a lot of towns are looking for rejuvenation and I think it em-powers people to say, maybe we can put Claremont back on the map,not just through this particular entity, this lawsuit, I shouldn’t say thelawsuit, but what we are trying to achieve by means of this.” In essence,respondents who thought the community had become empowered at-tributed an increased sense of pride and self-esteem associated with the


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lawsuit’s initiation. As noted, this group tended to be community mem-bers who supported the lawsuit.

A different group of respondents felt the community had not beenempowered as a result of the lawsuit. One reason for this perception in-cluded the belief that people who are working at minimum wage willnot feel empowered regardless of what may be occurring in their com-munity. As one respondent commented, “It’s almost like they’re sodown-trodden and so beaten down that they don’t see this as a way out.”Another reason for the perception that the community had not becomeempowered was the view that community members were confused ordisheartened. These respondents thought some community membersmay have initially been supportive of the lawsuit but had become dis-couraged by either the negative publicity attached to the lawsuit or con-sternation regarding future actions. As one respondent said, “They feellike they fought the battle and they’ve gotten a bad name. Most of thepeople are still very suspicious that anything will happen.” This com-ment captures the feeling of some respondents concerning communitymembers who had become despondent due to the lack of immediate taxrelief.

Respondents who thought there might have been some empower-ment echoed several of the comments about the effect of negative pub-licity and the lack of immediate benefits. This group, however, thoughtthat the increased solicitation of lay people by the school board and citycouncil was an indication of some empowerment since more peoplewere involved in community decision making.

Finally, some respondents felt any community empowerment wasunconnected with the lawsuit. One reason given for this sentiment wasthat increased prosperity in the community, albeit recently experienced,was the impetus for any sense of community empowerment. “I wouldsay that the mood is less depressed than it was ten years ago. But I thinkthat’s due to the end of the recession and the gain in general prosperity.”A second reason for this perception was the lawsuit was one part of ashift in community development. In essence, as one respondent stated,“I think its natural evolution that’s taking place.”

Suggestions for Effective Use of Class Action Lawsuits

The respondents offered a number of cogent suggestions for effec-tively using class action lawsuits focusing both on succeeding with thelawsuit itself and on garnering support from community members. Onesuggestion from a number of respondents in looking at the issue of suc-


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ceeding with the lawsuit’s aim is “not to go it alone.” Respondentsnoted this particularly since the aim of the lawsuit was challenging adeeply held principle and historically rooted state structure. In order toprevail, communities facing the same type of inequity needed to helpone another. “[C]ommunities need to work together to pool their re-sources. It is more effective to do it this way than to stand alone.”

A second suggestion centering on succeeding with a class action law-suit was to “do your homework.” In gathering data to present, part of theprocess entails examining the issue from the perspective of the “otherside.” Although this may be self-evident, these respondents noted thatnot only is there a need to gather appropriate information, but there isalso a need to gather backing from potential opponents. As one respon-dent succinctly stated, “I guess the advice would be to look at the otherside of the issue and do your homework, and make sure what you arepresenting [that] your issues are clear, well-defined, and you’ve gotsome support from the other side.” Given the implications for changesin economic distribution with a class action lawsuit challenging fundinginequities, this is particularly essential.

Suggestions focusing on community support centered on the need tolook at long-term implications and public relations. The need for com-munity support was recognized as essential in sustaining a lawsuit thatentailed a complex series of actions prior to actualizing any observableresults. As noted, this class action lawsuit which focused on funding in-equity, was reliant not only on a favorable judicial decision, but alsosubsequent implementation of the decision by the legislature and thegovernor. Community members were needed to put pressure on the leg-islature and governor after a court ruling. Some sense of vision by com-munity leaders was needed to allay the fears and concerns surfacing as aresult of unintended consequences. These respondents, therefore, sug-gested that to the extent possible, exploration of long-term implicationsfor the community are needed when considering a class action lawsuit.Long-term implications may be both positive and negative. Positive im-plications, as observed in discussing the effects on the community, en-tail the opportunity for the community as a whole to come together,become a leader in the state in upholding principles, and be seen histori-cally as making a positive mark in the state. As a respondent remarked,“Sometime in the future, if this ever gets resolved honorably, will notClaremont be known as a glorious place that stood up for something?”Negative implications can involve unwanted attention, continued eco-nomic struggles, and a long battle with no immediate results.


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Coupled with the suggestion for exploring the long-term implica-tions and consequences of initiating a class action lawsuit was the sug-gestion for initiators of the suit to think about public relations.Primarily, respondents thought community members needed informa-tion and education regarding time lines for lawsuits and the reasoningbehind the lawsuit’s initiation. The community members who were in-volved in the lawsuit tended to be better educated given the profession-ally initiated nature of this lawsuit. Although they recognized the time itwould take to actually see results in the form of lowered taxes, commu-nity members in general were thought not to be well informed. As onerespondent observed, “It was very quiet, in a sense that there was not abroad-based announcement to the community other than our localnewspaper. The newspaper has in been in the past been a very poor pa-per. It has not covered events, has not covered them accurately, therewas no broad way of communicating them to the public about what wasgoing on.” Finally, at least one respondent cautioned prospective com-munities about deciding on a name for the lawsuit. Although class ac-tion lawsuits are generally given the name derived from the origin, thenotoriety of the suit may haunt the initiators. As this respondent ob-served somewhat jokingly, “My advice is to put somebody else’s nameon it. Because even with the victory, it hasn’t been positive.”

DISCUSSION

This study points to several implications for social work practitionersin community settings who are involved with community change ef-forts, in general, and class action lawsuits aimed at community change,in particular. The initiation of this class action lawsuit was profession-ally driven as opposed to arising from lay people. Although, as some re-spondents suggested, day-to-day struggles may preclude lay peoplefrom assuming a leadership role in community change efforts, a profes-sionally driven effort runs the risk of alienating many community mem-bers. Lack of knowledge and commitment to the change effort canresult in high degrees of frustration and suspiciousness of both the initi-ators of this type of community change effort and the reasoning for useof litigation.

Professionals initiating community change activities need to be sen-sitive to the issue of community members’ perceptions. Public relationsefforts should address awareness of the reasons for the chosen activitiesand, as much as possible, a delineation of the change process with time


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frames. With class action lawsuits, an explanation of the court process,the implications of court decisions, and the length of time both judicialand legislative actions can take are considerations. Supportive socialwork practitioners might become the “bridge” between the initiators ofchange and lay community members utilizing the mediating functionsuggested by Schwartz (1969). Use of formal and informal communica-tion mechanisms to inform community members need to be used.

Associated with the need to communicate with the public by commu-nity change initiators and change supporters is the effective use of themedia. The respondents in this study pointed to the adverse effects onthe community at large as a result of negative publicity. Use of the me-dia through articles, television spots, and advertisement to counteractand combat the negative perceptions of the change effort is indicated.Particularly important is the need to highlight the facts as opposed toperceptions. Advertisements could be used as part of a campaign effortto “sell” education as an investment. In New Hampshire, as is true inmany parts of the country, businesses are desperately seeking educated,skilled employees. Formal education, therefore, becomes part of an in-vestment towards community development.

As noted in the literature and from the observations of respondents,true community empowerment is enhanced when the community changeimpetus emerges from grassroots coalitions. Results of this study confirmthat true community empowerment was not actualized as a result of thelawsuit’s initiation. Some respondents noted, for instance, that change ef-forts would occur ideally as a result of a democratic process as opposed toa judicial remedy. The extent to which this is possible given a conserva-tive political climate and almost a century-old tax structure is unclear.However, with other change efforts, encouraging coalitions and commu-nity groups to reach out to all community members and to seek collectiveaction would be the best catalyst for community empowerment.

Should it become clear, however, that initiation of a class action law-suit on behalf of a community is the only means to remedy an unjust sit-uation, several additional suggestions can be made. First, theserespondents were quite clear that a community should not go it alone.Support from other communities and from professional groups and as-sociations helps not only to decrease the stress caused by the actions,but to assist in tasks and efforts. Second, the need to “do one’s home-work” is quite clear. Although the reasons for the class action lawsuitmight be obvious, homework is needed to anticipate the counterargu-ments and supply the evidence needed to support the claims made. Inthis class action lawsuit, there was an incredible amount of time and en-


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ergy devoted to exploring the history of the school funding formula, de-ciding which other towns would best be “named” on the lawsuit, anddocumenting the effects of the unfair funding scheme. Third, to the ex-tent that it is possible, there needs to be attention paid to both unin-tended consequences and long-term implications for the initiation of aclass action lawsuit. Finally, community members need encouragementto take actions subsequent to a judicial decision in class action lawsuits.The implementation of judicial decisions is dependent on the actions oflegislators and those in executive office. Testimony at legislative hear-ings, letter writing campaigns urging positive actions, and “taking to thevoting booth” are all potent actions for community members to take.

Social workers, as community organizers and leaders, hold excellentpositions to facilitate the work required to help communities and com-munity members use class action lawsuits as a vehicle to increase com-munity empowerment. The aftermath of the Claremont lawsuit assertsthe need for social workers to mediate the divides between differentconstituencies and facilitate awareness of different community mem-bers’ perceptions. A study of the lessons learned in the Claremont law-suit may help practitioners in community settings to ensure that futureclass action lawsuits create a ripple effect of community empowermentbeyond the scope of the litigation itself. Using their knowledge of sys-tems and community action, social workers can be effective partnerswith class action litigators in their shared mission of promoting socialjustice.

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class action lawsuits and community empowerment

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