Class Action Lawsuit & The 1972 Shutdown
Class Action Lawsuit: The Sierra Club, NAACP, homeowners, the City of Hawthorne
CalTrans initiated the acquisition of homes within the right-of-way corridor in the early 1970s. By early February 1972, a coalition comprising four homeowner couples residing in the planned freeway’s path, along with entities like the NAACP, the Sierra Club, the Environmental Defense Fund, the Freeway Fighters, and the City of Hawthorne, filed a lawsuit against the Century Freeway project.
Known as Keith v. Volpe, this legal action accused the defendants of violating civil rights protections and several state and federal laws. These included the National Environmental Policy Act of 1969 (NEPA), the California Environmental Policy Act of 1970, federal statutes safeguarding homeowners, tenants, and businesses facing displacement due to freeway construction, the Federal-Aid Highway Act, and constitutional clauses like the Due Process Clause of the Fifth Amendment and the Due Process and Equal Protection Clauses of the Fourteenth Amendment.[1]
Esther and Ralph Keith emerged as prominent figures in the lawsuit opposing the Century Freeway’s construction. They resided in the neighborhood near the proposed 105-405 interchange and were staunch in their refusal to sell their home to Caltrans. The couple argued that state and federal agencies associated with the project had violated environmental, housing, and civil rights laws. They contended that inadequate replacement housing had been provided to displaced corridor residents, violating the Federal-Aid Highway Act, which mandates that states address the needs of those who lose their homes due to freeway construction. Further, they alleged that the construction plans violated President Richard Nixon’s National Environmental Policy Act (NEPA). The lawsuit also raised concerns about the discriminatory nature of the proposed freeway plans.
The 1972 Shutdown: Century at a Standstill Indefinitely
In July 1972, five months after the filing of Keith v. Volpe, Judge Harry Pregerson issued a preliminary injunction that brought all further construction of the Century Freeway to a halt and stopped the involuntary selling of homes in the right-of-way corridor. Many questioned whether this unprecedented move — the suspension of a major freeway’s construction in California through a court order — signaled the end of an era in freeway development.
This injunction led to state hearings focused on various environmental concerns posed by freeway construction, such as noise and air pollution. Additionally, the state revised its housing program and explored alternative construction plans for the Century Freeway beyond its original blueprint.
During this period of legal and regulatory scrutiny, construction activities were suspended, leaving fragmented communities in disarray, as many homes had already been taken for the freeway project. While some residents held out, like Esther and Ralph Keith, their neighbors’ homes stood empty or were demolished. Abandoned and unoccupied homes within the freeway’s original path dotted the landscape, leaving a profound impact on the communities. Life in the right-of-way corridor would never be the same.
Endnotes
[1] https://www.swlaw.edu/sites/default/files/2022-01/Symposium%20Article_Cameron_The%20Freeway%20with%20a%20Heart.pdf) pg 5
