Karyn Rotker, senior staff attorney for the ACLU of Wisconsin, said she learned last year that agencies such as the Transportation Department are required to have an annually updated plan for complying with Title VI. But when she asked for the plan, she found it was dated 2004.

In April 2011, Rotker joined environmental attorney Dennis Grzezinski and Patricia McManus, president of the Black Health Coalition of Wisconsin, in filing a complaint with the Federal Highway Administration's Office of Civil Rights. In addition to lacking an updated Title VI plan, they alleged state officials also were ignoring requirements to gather data about the impact of their actions on minorities.