CONCLUSION

Brietta R. Clark, Hospital Flight from Minority Communities: How Our Existing Civil Rights Framework Fosters Racial Inequality in Healthcare, 9 DePaul Journal of Health Care Law 1023-1100 (2005) (270 Footnotes omitted).



It is undisputed that Title VI helped reduce disparities created under a system of de jure segregation and exclusion. Moreover, we have seen that civil rights litigation has served as an important check at certain levels. However, this progress has been sharply circumscribed as seen through the problem of hospital flight from minority communities. The problem is that Title VI promised more. It promised that the courts and government agencies responsible for enforcing Title VI would ensure an equal allocation of resources. Unfortunately, Title VI has been used to create an artificial limit on our notions of what civil rights should mean in health care in this country and to mute our criticism of the government's responsibility for creating a health care system that is fundamentally incompatible with racial equality.

Through this article, I was also forced to engage in serious self-reflection about my own role as a health law advocate in this struggle. The opportunity I was given to present a preliminary version of this paper at this symposium, hosted by the DePaul University College of Law and Rainbow PUSH, only fanned the flames because the conference brought together academics, health providers, legislators, and most importantly, community members and activists. All came with a desire to find a solution to racial disparities in health care. I am mindful of Jesse Jackson's words at one point during the presentations by academics - he admonished us not to use our intelligence, expertise, and creativity merely to write law review articles that will serve as dust *1100 collectors. He implored us to be active, to do something to help craft a real solution to this crisis. It is in the spirit of those words and the energy of the conference that I write this piece - hopefully not to be just another dust collector, but to encourage the use of our legal tools in creative and powerful ways.




Associate Professor of Law, Loyola Law School; J.D. University of Southern California Law School; B.A. University of Chicago.