Skip to comments.California: Judge Upholds Racial Quotas for Highway Contracts
Posted on 04/09/2011 7:35:42 AM PDT by Ken H
Federal judge approves set asides and racial quotas for transportation contracts in California.
A federal judge last week granted the California Department of Transportation (Caltrans) the right to discriminate against white business owners and men when awarding contracts. The Pacific Legal Foundation had filed suit against the department on behalf of the Associated General Contractors (AGC) of San Diego, insisting that its racial quota program violated the voter-approved Proposition 209 prohibition on race- and sex-based preferences in public contracting, employment and education. US District Court Judge John Mendez weighed the arguments, denied the Pacific Legal Foundation's motion and granted summary judgment in favor of Caltrans.
"This decision affirms that Caltrans' efforts to level the playing field are constitutionally sound and will ensure that billions of dollars in federal transportation funds continue flowing to California," Caltrans Director Cindy McKim said in a statement Wednesday. "We will continue to reach out to disadvantaged businesses and hope our program serves as a model for other states to follow."
In March 2009, Caltrans announced it would implement a "mandatory race conscious Disadvantaged Business Enterprise (DBE) Program" that set aside 6.75 percent of federal-aid project contracts for blacks, Asians and Indians -- but not Hispanics or "subcontinent Asian males." AGC member companies -- the San Diego chapter represents 1300 firms -- complained that under the program, they lost out on business despite offering higher quality services at better prices. A similar program had been struck down as illegal in 2006, but Caltrans officials worked with the Obama administration looking for a way around the law. The US Department of Transportation issued a letter stating that California would lose federal highway funds if it did not implement a quota system. This triggered an escape clause in Proposition 209 that allows discrimination to avoid losing federal money.
Caltrans argued it was remedying discrimination against minorities and women with the DBE program because these groups only received three percent of the contracts under race-neutral policies. The Pacific Legal Foundation was outraged by the decision and is considering an appeal.
"What makes the judge's decision particularly disappointing is that briefing had only been completed seven days before the date set for oral argument, making it unlikely that the court thoroughly examined the complete record under the exacting requirements of strict scrutiny -- which is the court's duty in such cases," the foundation explained.
The quality of the work means nothing. It’s the skin tone of the workers that really matters. No wonder our “infrastructure” is going to hell. This “judge” needs his ass kicked.
The libs aren’t going to let a little thing like a voter-approved proposition or, Heaven Forbid, the Constitution, from interfering with their agenda.
Caltrans is a racist organization.
California deserves highways build by gangs of black lesbian illegal aliens. As long as they are proud union members of course.
UNKO, when the laws are written with caviats that completely over ride their meaning, you have no law. So, let me get this straight, the (.)bama DOT said they would lose federal funding if they did not have a race discriminatory contracting letting procedure. So, the judge says, ok, therefore our state constitution has no say in this. When did federal REGULATION supercede a state’s constitution, yeah I know state law is below federal law BUT, this is not a law, it is a regulation. Somehow the 10th should be supreme here. Anyway, day by day we keep getting closer to Rev 2, in fact, we are in the final seconds count down.
We have no law and we have no courts.
Does this even make the news? I live and work in L.A. It’s pretty much wets vs whites here. Thank you so much white-guilt ridden liberals. You gave up our country to foreigners who hate us.
“Assistant U.S. attorney, United States Attorney’s Office, Northern District of California, 1984-1986”...I wonder where he went off the rails...he worked, for a short time, for the best US Attorney I ever had the pleasure of working with: Joe Russinello. Had Russinello not taken on Bush I, Noriega would have walked.
Here’s a novel concept. How about the company that does the best work for the best possible price gets the job.
This decision will now be appealed to the 9th Circuit, where it will be upheld. Then, God Willing, it will be heard by the Supreme Court which will vote 5-4 to dump.
Get Whitey's money, and give it to the minorities....nothing ever changes.
Well, this explains the highway 92 / 880 interchange that’s been a construction nightmare for years now.
Where the Japanese had their roads repaired in 6 DAYS after the tsunami, we have to go year, after year, after year of traffic jams and no perceptible progress on this heavily traveled route.
We are no longer a state that can do anything. Ugh.
From your keyboard to God’s ears.
Just more liberal activism from the bench in Taxifornia. The state is dead — just another liberal crap-pot, overrun by illegals and deadbeats that want to steal from what producers are left in the state. Businesses and taxpayers are leaving the state in record numbers, and the libs in Sacramento do not care. Sales taxes are well over 10% in some areas.
The Midas touch of liberalism has destroyed Taxifornia. And the scumbags that are left keep voting the liberals back into control. RIP Taxifornia. Once a great state.
So when contracts are awarded fairly, they don't like the outcome.We truly are living in an insane asylum.
Same as “business that suck?”