Three days before the 128th running of the Boston Marathon, a Black-led running group in Boston, TrailblazHers Run Co., has filed a lawsuit against the Boston Athletic Association (B.A.A.), the city of Newton, and the chief of police of the Newton Police Department.
The lawsuit stems from an incident at last year’s Boston Marathon, when TrailblazHers organizers set up a cheering station at mile 21 of the race, which falls in the city of Newton.
According to the Lawyers for Civil Rights, which filed the lawsuit on behalf of TrailblazHers, more than 100 spectators, mostly people of color, showed up to cheer that day with TrailblazHers and PIONEERS Run Crew. They served food, high-fived runners, and at one point, shot off a confetti cannon, although members of the groups said they did not obstruct runners.
The Newton police, at the direction of the B.A.A., “targeted the Black spectators and formed a human barricade separating them from the course,” Lawyers for Civil Rights wrote in a summary of the suit. “Police physically separated the Plaintiffs and their members from runners, obstructed their view, and prevented them from seeing passing runners. Additional NPD officers on motorcycles stationed themselves behind the spectators, effectively penning in the people in the cheer zone of color.”
White spectators in other areas of the course, acting in a similar manner, were not subject to police response, the lawsuit alleges. They referred to a balloon arch, which was in the road at mile 15 for spectators to pass under. “In contrast to Plaintiffs’ cheer section, this area, comprising mostly of white spectators, lacked police presence or instructions to stay off the course. No one threatened or intimidated the white spectators to remove the obstructing balloon arch,” the lawsuit reads.
The suit seeks to prohibit such treatment at the 2024 race and future events. It also seeks unspecified damages.
The mile 21 incident has been a source of controversy for the B.A.A. for much of the past year. Three days after the 2023 race, B.A.A. CEO Jack Fleming met with members of TrailblazHers and PIONEERS Run Crew and issued an apology of sorts after the meeting. “They expressed to us their deep concerns that they were not given the chance to enjoy the day and celebrate their friends, families and all participants as they approached Heartbreak Hill—that is on us,” the statement read, in part. Many people felt that the statement was insufficient.
Police felt the statement went too far. In March, the Boston Globe reported that Fleming privately apologized to a group of police chiefs for how the B.A.A. addressed the 2021 conflict. The police chiefs had said they would not help staff the race without an apology.
Race officials have been trying to get the word out to spectators that they are not allowed on any part of the race route; the road needs to remain open for runners.
A B.A.A. spokesperson provided a statement to the media after the filing of the lawsuit:
“We are confident that the B.A.A. and our partners are prepared for a Boston Marathon that is welcoming to the 30,000 participants, spectators and eight cities and towns along the route. We are focused on creating a joyous experience for all. While the B.A.A. is aware of the complaint, we have not yet had the opportunity to review it.”
Sarah Lorge Butler is a writer and editor living in Eugene, Oregon, and her stories about the sport, its trends, and fascinating individuals have appeared in Runner’s World since 2005. She is the author of two popular fitness books, Run Your Butt Off! and Walk Your Butt Off!
