Wednesday
Dec222004
Wednesday, December 22, 2004 at 08:19PM
The California Supreme Court said Wednesday it will not review lower
court rulings requiring the Sacramento Municipal Utility District to
dismantle a program that gives preferences to minority contractors. The
case narrows an escape clause in Proposition 209, California's
anti-affirmative action initiative. It now becomes a binding precedent
statewide unless there's a new Court of Appeal ruling. Pacific Legal
Foundation attorney Sharon Browne, who spearheaded the case against the
utility, said it will affect contracting, education and employment
throughout California. Agencies won't be allowed to adopt
race-conscious programs unless the federal government tells them they
must as a condition of receiving federal funds, she said. But Lawyers
Committee for Civil Rights attorney Oren Sellstrom, who led a coalition
of civil rights groups in urging a Supreme Court review, said the case
"erodes the whole notion of voluntary compliance with federal civil
rights law." He compared it to "saying that a taxpayer can't comply
with federal tax laws unless he has substantial evidence that he'll be
audited." Proposition 209 is a state constitutional amendment
prohibiting race-based affirmative action in state and local
contracting, employment and education. The clause at issue in the SMUD
case permits public agencies to take race-conscious action when it's
necessary to qualify for federal funds. [more]