Since the escape clause existed in 209, did this judge have much choice?
This quota scam enrages me. For a historical perspective, the Y/N by county on 1996's Prop 209, approved with a 10 point margin, only L.A. & the Bay Area voted no:
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.
How level is the playing field for the white male owned construction outfit that is declined a bid? Just askin'...
This is just asinine.
They force you into hiring minorities. Not for their competence for their skin tone alone.
I once lost a $3 million dollar contract because I didn’t fully understand the impact of not hiring a MBE/WBE as an attachment to my proposal.
My proposal was superior in every way to all others and when I lost I was flumoxed.
So I called the University and was told I would have won had I only included a MBE/WBE.
Completely asinine.
The winner of the bid ended up being over budget and way over time to the point it cost the university and students a whole lot of time and their classes were severely impacted.
They called us up and wanted us to takeover. I told them they insisted on a minor and ridiculous point that caused this problem and I wasn’t interested in managing someone who wasn’t my employee, wasn’t trained by my team and probably wouldn’t work towards our expectations.
It took them another year before they finally finished the project.
California is a mess and deserves whatever comes its way.
Wish it worked like that but people in government are loons.
I once bid a job in Oakland and was informed I needed sign off on a prevailing wage approval form or whatever.
I asked what the prevailing wage was and it turned out to be $10 bucks an hour less than what I pay my guys.
I told them they were nuts. I exceeded prevailing wage but they insisted we sign off.
Friggin nightmare. I had already committed to the job and had to pay my guys prevailing wage.
I actually had to create a bonus for them so they would be fully paid.
It was a nightmare and took so much time to figure out how to legally pay them this stupid wage and still get them paid their fully hourly monies.
I never answered a bid in Oakland again and never will. They deserve inferior work.
We only do things according to standard and even then above standard.
There’s my way and everyone else’s way.
We only do it my way.
Since the escape clause existed in 209, did this judge have much choice?
This quota scam enrages me. For a historical perspective, the Y/N by county on 1996's Prop 209, approved with a 10 point margin, only L.A. & the Bay Area voted no:
Umm, did you read the article? California voters approved the measure that prohibits racial preference in awarding contracts.
Californians have also voted correctly on English as the official language, English only taught in schools, no state aid for illegal immigrants, and others. It is judges who have struck down these measure.
Mike Holmes, is that you?
When the “justice system” fails to dispense
justice, alternative means of achieving justice
will be pursued. It remains to be seen how this
will play out.
“Caltrans is a racist organization.”
Yes, and packed with incompetent green freaks.
FYI - Racist Asians have taken over Caltrans and ruined the once great department by embracing global warming and using affirmative action to discriminate.
That's exactly it.
They didn't like the outcome at the ballot box. They sued. They lost. They tried an end-run before, they were struck down. Obama gets in and his DOT conspired with them. And after 15 years of looking for ways to subvert the voters, their "end-run" is finally in place: institutionalized racism prevails!
The only way to stop this is a sweeping defeat of Obama and the Democrats in 2012.
It isn’t profiling when they do it.
There is plenty of liberals in California who would like to start a major push to drive out some of the more unwelcome minorities these days.
If it wasn’t for the government pushed quotas,the other preferential treatment that went to their way(at times),I don’t see Blacks ever being able to function in a State as shallow and biased as California.
Break out the popcorn, folks. The dirty little secret out there among Democrats is that there is a lot of simmering conflict between different minority groups that the left likes to pander to.
Exactly what is happening across much of California,one ethnic group replaces the White population and then does everything to keep every other ethnic group out.The amazing thing is how original they think they are.
This is the type of ruling that a conquered people should expect. Whites having abdicated their right to govern must now learn to accept poverty, insults, assaults and an occasional dying for the amusement of others. As the Gaul said to the Roman: “Woe to the conquered!”
Umm, did you read the article? California voters approved the measure that prohibits racial preference in awarding contracts.
***********
Well, “ummmm” the voters were ok with having liberals running that state into the ground for years, and “ummmm” voted Jerry back for more. So, “ummmmm” I blame the voters.
Look, ignore the facts all you want since you’re apparently on the “bash CA train”, or you’re reading comprehension challenged.
But that does not change the fact that FEDERAL JUDGES are the ones throwing CA into the toilet by overturning the will of the people.
If the people could only get the voter approved propositions upheld by FEDERAL COURTS, it neuters much of the liberals perceived power.
State elections are one thing, FEDERAL JUDGE appointments are another.
SCOTUS ruled on this more than 10 years ago, in favor of the Colorado Springs company who brought suit after they lost contracts to hispanic company for guardrail projects.
Just goes to show that the battle against evil is a never ending battle.
Couldn’ta seen that one comin’.
but Caltrans officials worked with the Obama administration looking for a way around the law.Why follow some bothersome little thing such as a law when you can just find some way to get around it?
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