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Set-Asides Are Unconstitutional. Andrew Cuomo makes race the basis for dispensing opportunities to entrepreneurs and small businesses.
City Journal ^ | December 2, 2020 | Wen Fa

Posted on 12/03/2020 4:17:23 AM PST by karpov

Covid-19 has devastated small businesses nationwide, and New York’s entrepreneurs and landlords have been particularly hard hit. In response, Governor Andrew Cuomo has awarded millions of dollars to affected small businesses through the New York Forward Loan Fund. But to get these taxpayer-funded loans, it helps to be a minority-owned business, as designated by the state, because Cuomo’s office has announced that it will be “focusing on” Covid relief for minority- and women-owned firms. Relief was welcome news for those receiving grants, but small-business owners unable to obtain aid may feel like they have been shunned because of their race. It’s only the latest example of how New York politicians, in their fight against racial discrimination, have established a new system of racial prioritization.

They may find that their efforts run afoul of the Constitution.

It’s not just the emergency-loan program. Racial discrimination is now a primary consideration for bureaucrats engaging businesses to build state roads, highways, and bridges. Cuomo has signed into law a statewide mandate designating infrastructure-related set-asides for preferred minority groups. Though the law doesn’t expressly state the percentage of public dollars reserved for these groups, the governor has previously said that he would reserve 30 percent of public-contracting dollars for businesses owned by women and black, Hispanic, Asian, or Native American residents.

Cuomo’s set-aside law is bad news for businesses that contract with the state of New York. To comply with the state’s onerous requirements, contractors working on state-funded projects must themselves take the race of subcontractors into account. Those failing to do so must persuade the state to grant them waivers, which, if denied, could put them on the hook for monetary damages.

(Excerpt) Read more at city-journal.org ...


TOPICS: Business/Economy; Government; US: New York
KEYWORDS: cuomo; quotas; setasides

1 posted on 12/03/2020 4:17:23 AM PST by karpov
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To: karpov

Cuomo and his ilk don’t give a rats ear end about the constitution.


2 posted on 12/03/2020 4:26:49 AM PST by Fzob
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To: karpov

They are all in on the bigger plan


3 posted on 12/03/2020 4:39:15 AM PST by ronnie raygun ( Massive mistakes are made by arrogant fools; massive evils are committed by evil people.")
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To: karpov

Right out of the socialist / fascist dictator playbook. Keep people in fear, control them, arbitrarily decide which businesses get closed, who can stay open, and which groups or individuals receive the largess of the state. The German Democratic National Socialists would feel right at home in his administration.


4 posted on 12/03/2020 4:40:36 AM PST by ThunderSleeps
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To: karpov

This is like the new NASDAQ requirements on minorities and women in order to list with them.


5 posted on 12/03/2020 5:27:38 AM PST by headstamp 2 (Socialism- Institutionalized Deprivation)
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To: karpov

California voters just soundly defeated a proposition that would have returned us to Affirmative Action mandates in government contracts, college admissions and more.

Cuomo needs to be slapped down. Hard.


6 posted on 12/03/2020 5:54:05 AM PST by Bon of Babble (In-A-Gadda-Da-Vida, Baby!)
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To: karpov

Unconstitutional, illegal, and unfair. Any law that makes them “legal” is invalid, and not binding.


7 posted on 12/03/2020 9:13:33 AM PST by I want the USA back (I fear my government much much more than a virus from china.)
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To: karpov

No different from his “minority and women owned business” initiative.

I work for a NY state agency. We are required to do our purchasing from “Minority and women owned” businesses only, unless there is no alternative.

The state will spend 20, 40 or even 100% more on things in order to fulfill this directive. I’ve seen it happen.

It is a fraud upon the taxpayers.

Minorites and women in NY just need to have a phone and a product list. Then what they do is take orders, mark them up 20 to 100%, sell the items to the state, and then order them from and have them delivered by the very same companies we used to deal with directly!

Service providers (blacktopping parking lots, for example) bid the jobs then hire the white owned contractors as “sub contractors” to do the job, while marking it up and keeping the profits for doing absolutely nothing to add value to the job.

It is the most out in the open SCAM I have ever witnessed. And is one of the reasons NY is broke.


8 posted on 12/03/2020 3:07:00 PM PST by Nik Naym (It's not my fault... I have compulsive smart-ass disorder. )
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To: karpov
Speaking of small biz...

The Plot Against the Small Businesses. How pandemic policy has benefited the corporate elite.

When uniparty pols claim they're for the little guy...THEY LIE.

9 posted on 12/05/2020 5:43:30 AM PST by mewzilla (Break out the mustard seeds. )
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To: karpov
"Ummm...that's real sweet Andrew. Very hearts, flowers and unicorn fart fantasies but we're running a business here. So we're going to stick with Most Qualified over that crap and we don't care if they're Flying Purple People Eaters."

Office

"And we're going to need those TPS Reports on all those dead people in the retirement homes before Monday."

10 posted on 12/06/2020 1:54:14 PM PST by MikelTackNailer (Fortunately despite aging I've been spared the ravages of maturity.)
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