Posted on 04/19/2007 2:27:48 PM PDT by SmithL
SAN FRANCISCO -- A state appeals court has given San Francisco a chance to reinstate an affirmative action program for minority and female contractors, saying a history of discrimination may justify preferential treatment despite California's Proposition 209.
A judge who struck down the 20-year-old program in 2004 failed to review San Francisco's claims that long-standing and pervasive discrimination by both city employees and contractors resulted in firms owned by minorities and women being illegally excluded from winning city business, the First District Court of Appeal ruled Wednesday.
If San Francisco can prove those claims, it may be able to show that the U.S. Constitution's guarantee of equal protection requires the city to grant preferences to minority and female contractors to eliminate the effects of discrimination. That would override Prop. 209, a 1996 initiative that banned race and sex preferences in public contracting, employment and education, the court said.
San Francisco has had programs to increase minorities' and women's share of city contracts since 1984, and has faced continual legal challenges from white contractors. The current ordinance, passed in 2003, gives minority- and female-owned firms a 10 percent advantage in competitive bids. It also requires contractors to hire a certain percentage of subcontractors that are not owned by white men or to show that they have made good-faith efforts to meet those goals.
Superior Court Judge James Warren overturned the ordinance in July 2004, citing a state Supreme Court ruling that struck down a similar program in San Jose in 2000 on the grounds that it violated Prop. 209.
(Excerpt) Read more at sfgate.com ...
Will of the People Be Damned! San Francisco demands the right to discriminate.
A court says that SF can break the law and violate the Constitution. The court is invalid.
Racism and discrimination rule in the Peoples Republic of San Queercisco.
Affirmative action ultimately hurts minorities because it tells them they don’t have to try as hard to get into school or get a job. Its human nature to do what it takes to reach the bar for what you want to do. Lower the bar and you lower someone’s achievements. AA (whether formal or informal) happens at a lot of schools still and is part of the reason that blacks graduate at a lower percentage and do worse in college. They’ve never been forced to meet high standards before.
I’m a freaking victim and need special treatment.
This will cause much more discrimination then it remedies.
This has nothing to do with Affirmative Action and everything to do with San Francisco trying to hide the fact that it costs too damn much to live there and so blacks are hightailing it out.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Promote those judges to the US Supreme Court! (LOL - that is just SARCASM...!)
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