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Oregon’s Segregated Covid Relief Fund Is Blatantly Unconstitutional
Wall Street Journal ^ | December 4, 2020 | James Huffman

Posted on 12/05/2020 4:57:42 AM PST by karpov

The state of Oregon, hoping to strike a blow against both the pandemic and “systemic racism,” has established a Covid relief fund exclusively for blacks and black-owned businesses. The Oregon Cares Fund website accurately describes the program as “unprecedented.” It is also surely unconstitutional.

In July the Oregon Legislature Emergency Board allotted $200 million to assist small businesses suffering losses because of the pandemic and government-ordered shutdowns. Of the total, $62 million was set aside for the Oregon Cares Fund, whose website describes it as “a Fund for Black people, Black-owned businesses, and Black community based organizations.” Black families are eligible for up to $3,000 and black-owned businesses for up to $100,000.

Maria Garcia, owner of the Revolucion Coffee House in Portland, applied for support. She was denied because her business “does not meet the criteria because 0% of its owners identify as Black.” She has sued in federal court, alleging that the denial violates her rights under the 14th Amendment’s Equal Protection Clause. Last month a federal court declined a petition in another lawsuit, by the timber company Great Northern Resources, to enjoin further distributions from the Cares Fund. Both cases await a ruling on the constitutional merits.

The state couldn’t have been surprised at the challenges. Oregon’s Legislative Counsel advised the Emergency Board that, absent evidentiary findings of past discrimination by the state in the relevant industries, “the program would almost certainly be unconstitutional under the Fourteenth Amendment.” But in a brief submitted to the Legislature, the Portland law firm Schwabe, Williamson & Wyatt gave the board cover with this now familiar refrain: “Centuries of systemic and institutional discrimination—perpetuated and exacerbated by current systems—have caused economic disparities.”

(Excerpt) Read more at wsj.com ...


TOPICS: Editorial; US: Oregon
KEYWORDS: katebrown; quotas
full article
1 posted on 12/05/2020 4:57:42 AM PST by karpov
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To: karpov

Has anyone sued yet?


2 posted on 12/05/2020 5:10:54 AM PST by MissEdie (I am South Carolina Strong.)
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To: karpov

So much for equality, right?

I saw the same thing on über eats in my area - a banner across the top of the website that said to “support local black businesses” with a direct link.

I switched to another food delivery service. There are MANY small restaurants that are struggling mightily around here (Southern California) and not a week goes by that another goes out of business, including my favorite deli.


3 posted on 12/05/2020 5:13:08 AM PST by Bon of Babble (In-A-Gadda-Da-Vida, Baby!)
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To: MissEdie
Has anyone sued yet?

No one will have standing.

ML/NJ

4 posted on 12/05/2020 5:27:01 AM PST by ml/nj
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To: karpov

Of course it is but black people have special privileges in this society. The supreme court even made it “legal” for them to have the special privilege called affirmative action.

We live in a criminal world, folks. See and heed my tagline.

JoMa


5 posted on 12/05/2020 5:39:46 AM PST by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: karpov
"0% of its owners identify as Black.”

Gee--the solution to this is easy.

6 posted on 12/05/2020 5:46:48 AM PST by Savage Beast (May God reveal the truth for all the world to witness! May God save the USA!)
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To: MissEdie

Yes...my hub says an Oregon lumber guy did sue, and lost to Oregon Supremes...a wholly owned by commies court


7 posted on 12/05/2020 6:02:19 AM PST by goodnesswins (The issue is never the issue. The issue is always the revolution." -- Saul Alinksy)
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To: karpov

That’s what happens when Fed funds are dispatched to the states during crises. Some of it is thrown away to the gimme stuff folks to placate that constituency under the made up “suffered greatly” political narrative


8 posted on 12/05/2020 6:02:30 AM PST by chuckee
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To: karpov
What the uniparty giveth comes after the uniparty hath already taken away...

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

9 posted on 12/05/2020 6:07:34 AM PST by mewzilla (Break out the mustard seeds. )
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To: MissEdie

Learn to read


10 posted on 12/05/2020 6:09:42 AM PST by mac_truck (aide toi et dieu t'aidera)
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To: mac_truck

Let’s be honest: This is a direct payment to BLM for all the riots and voter fraud. I mean C’mon, it was a lot of work to buy all those bricks and place them around the city and this doesn’t even cover the back breaking work done on the plantation harvesting ballots and terrorizing senior citizens and the mentally impaired.


11 posted on 12/05/2020 6:25:04 AM PST by CoastWatcher
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To: MissEdie

Is that Covid relief fund exclusively for blacks and black-owned businesses?


12 posted on 12/05/2020 6:26:21 AM PST by Jeff Chandler (We flattened the heck out of that curve, didn’t we?)
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To: karpov

It is illegal and unconstitutional. Any law that “allows” this is invalid and not binding.


13 posted on 12/05/2020 6:32:38 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

Bookmark


14 posted on 12/05/2020 8:04:20 AM PST by aquila48 (Do not let them make you care! Guilting you is how they control you. )
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To: MissEdie

(Far off) ANTIFA rioters,this is what you have trained for, make us proud.


15 posted on 12/06/2020 6:34:20 AM PST by epluribus_2 (He, had the best mom - ever.)
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