State and City:
Minority Firms Banned From Contracts In Florida County Under Court
[DiversityInc.com] -- "Minority- and women-owned businesses have been prevented from
receiving [race-based preferential] contracts from Miami-Dade County, Fla. because of a
court-ordered freeze on a [race-based] set-aside program.
"A group of white firms won injunctive relief in October after they alleged in U.S.
District Court that the set-aside program, which requires a fixed percentage of the
county's architectural and engineering contracts go to minorities and women, violated the
U.S. Constitution. The injunction prevents the county from allocating contracts based on
race or gender, said Robert Cuevas, assistant county attorney.
"As a result, nine companies that applied for contracts under the minority set-aside
program have been disqualified for consideration, he said.
"Set-aside laws in Detroit, New York, Philadelphia and Denver have been struck down
by courts or abandoned in recent years.
A spokesman from the Albany, NY EEOC office said "It's generally understood that if
the [racial quota] program's not there, then the numbers [of preferred racial contractors]
go down. Getting rid of the [race-based] programs will mean less participation of
women and minorities in construction [based on elimination of racial quotas]," as
quoted by DiversityInc.com.
(Based on the story by Candice Choi published on
[Last Known Link http://www.diversityinc.com/insidearticlepg.cfm?SubMenuID=330&ArticleID=2228
Minority Quota Group Awards Public
Transportation Agency for Using Racial Quotas (10/12/99)
APTA -- American Public Transit Association -- was formed to promote racially
discriminatory quotas and preferences which favor any transit employee who is not
white. Today this racially biased group met in Orlando to award what we consider to
be "The Racial Quota Organization of the Year" honor to the Metropolitan Atlanta
Rapid Transit Authority (MARTA) for that organization's extraordinarily racist and
shameless "hiring and promotion of persons of color" instead of more
highly-qualified European Americans. Read it and weep if you believe in color-blind
"The American Public Transit Association (APTA) honored the Metropolitan Atlanta
Rapid Transit Authority (MARTA) with the Minority and Women Advancement Award. The
award was presented in a ceremony today during APTA's 1999 Annual Meeting and Expo here.
"This celebrated award is presented to an APTA member for meritorious [race-based]
accomplishments in employment, promotion and training of minorities and women in
professional and management positions within its transit system.
"Since its inception in 1971, MARTA has developed a workforce that reflects its
commitment to diversity. In 1999, women accounted for 32 percent of all promotions,
a 28 percent increase since 1996.
"The rate of minority promotion also increased from 64 percent to 81 percent. These
significant strides demonstrate MARTA's commitment to employee development regardless of
race, gender or national origin." [Wait a minute! Doesn't their stated
policy of artificially increasing employment of the "right" races contradict the
last statement "...regardless of race, gender or national origin." Who do
they think they are kidding? Editor]
"This reality of diversity has made MARTA one of the top employers in Atlanta and now
one of the many transit authorities recognized for its pledge to diversity. 'MARTA
has demonstrated its commitment to utilizing the talents of dedicated, well-trained,
professional employees without differentiation of race or gender. I am proud to
recognize their outstanding efforts in making MARTA -- and the transit industry --
an avenue of personal and professional growth for deserving individuals,' stated William
W. Millar, president of APTA."
(U.S. News Wire 10/12/99 by Amy Coggin of the
[Last Known Link:
City Ordinance Favors Minority
"Tampa first passed the
Women and Minority Business Enterprises ordinance in the 1980s, after a study found a
pattern of (alleged) discriminatory hiring against women and minorities.
"(Today) Contractors hired by the city are required to have a certain percentage of
women and minorities on staff if they employ more than 15 people and are seeking a
contract of more than $10,000. If the contract is worth more than $50,000, the ordinance
requires all businesses to comply, regardless of size.
"In the case of construction contracts, 10 percent of the employees or subcontractors
on a project must be black, 9 percent must be Hispanic and 6 percent must be women.
For professional services such as legal work, the numbers drop to 3 percent black, 7
percent Hispanic and 4 percent women." (Associated Press, 01-08-99)
[Last Known Link:
White Miami-Dade Engineering Firm Sues
for Reverse Discrimination (10/04/98)
Black, Hispanic, and women architects are the preferred "minorities" in this
Florida county. Two "non-minority" firms, Hershell Gill Consulting
Engineers, and Brill and Rodriguez, Inc. sued the county on Fri., Oct. 2, 1998 for reverse
discrimination. It seems the county thinks these firms are "too white" to
bid on county business! For example, in 1996-1997, the County's racial-quota
contracting system excluded "white firms" from over $76 million in
contracts. Doesn't the Constitution preclude this kind of racist behavior?
(Miami Herald 10/4/98; link no longer available.)
County to Debate Minority Contracts (10/04/98)
Current racial contracting requires this county to pay $5,600 more for toilet paper
to a minority firm than they would to a non-minority firm. Council to debate
curtailing their racial contracting.
[Last Known Link: **http://www.orlandosentinel.com/news/100598_QUOTA05.html]
Georgia (Atlanta and Fulton County):
Feds Investigate Atlanta Racial
Set-Aside Corruption (08/31/00)
[Adversity.Net Special Report]
Atlanta's black activist mayor, Bill Campbell, is watching his corrupt racial mafiosi
resign and plead guilty to numerous federal charges of corruption, bribery, payoffs,
operating fake minority "pass-through" firms, and other charges.
The FBI and the U.S. Attorney's office have subpoenaed truckloads of documents from
Atlanta and Fulton County regarding Georgia's corrupt, racially-exclusive minority
patronage system. Non-minority contractors and white-owned firms may some day be
able to compete fairly in Atlanta following the federal investigation.
[See Details at Adversity.Net Local Link:
U.S. Supreme Court Let's Green Thumb Ruling Stand (03/26/01)
"The Supreme Court stayed out of a dispute over a Georgia county's former affirmative
action program for awarding county contracts.
refuses to overturn lower court ruling against Georgia contracting quotas
"The court, without comment Monday, turned down Fulton County's argument that a lower
court went too far in issuing a permanent ban on the use of racial, ethnic or gender
Fulton County's quota program set annual "goals" for awarding county contracts
to businesses owned by blacks, Hispanics, Asians, Native Americans and women -- and
thereby specifically excluded white, male-owned businesses from the same contracting
"The Webster Green Thumb Co., a landscaping and tree removal service, challenged the
program in federal court, saying it discriminated by favoring minorities and women.
"After a trial in 1999, a federal judge in Atlanta issued a permanent order banning
Fulton County from using racial, ethnic or gender goals in accepting or rejecting contract
bids. The judge said there was no evidence that the county had significantly
discriminated against minority-owned businesses ... The 11th U.S. Circuit Court of Appeals
upheld the ruling [against Fulton County quotas and set-asides in July 2000]."
On Monday, Mar. 26, 2001, the U.S. Supreme Court refused to hear an appeal filed by Fulton
County's lawyers arguing to allow certain racial quota programs to continue. The
county's lawyers unsuccessfully argued before the High Court that the lower court judge
"went too far by issuing a permanent order instead of barring enforcement of the
program in effect at the time."
According to the Associated Press, "Green Thumb's lawyers said the county had
committed acts of race and gender discrimination beyond the program itself, and that the
judge decided such acts would continue indefinitely unless banned by the court."
The case is Fulton County v. Webster, 00-1174.
(From the AP story by Laurie Asseo, via FoxNews)
[Last known link: http://www.foxnews.com/politics/wires/0326/p_ap_0326_36.sml
Court Upholds Set-Aside Ban
Appeals panel agrees Fulton County affirmative
action policy was illegal.
"Fulton County's minority set-aside program has lost another round in court.
"The 11th U.S. Circuit Court of Appeals ruled Wednesday that U.S. District Court
Judge Tom Thrash was correct in June 1999 when he struck down a Fulton County program that
reserves some county work for firms owned by women and minorities.
"This should send a very big red flag to anyone in charge of an affirmative action
program," said the plaintiffs' lawyer, Mason Barge of Atlanta.
"The decision upholds a 55-page decision that "permanently enjoined (Fulton
County) from using racial, ethnic or gender participation goals in accepting or rejecting
bids, determining whether bidders are responsive and responsible bidders and in the
awarding of Fulton County contracts."
At least one official is ready to accept the decision and get on with business.
"We need to abandon the appeals and get on with business," said County
Commissioner Tom Lowe. "There's no sense taking this on to the U.S. Supreme
The suit was filed by the non-minority owner of the Webster Green Thumb company in
1996. Owner Daniel Webster's legal complaint stemmed from the county's use of race
and gender set-asides to refuse to award his firm a contract for tree-cutting
services. The county instead gave the contract to a black-owned firm which the
county readily acknowledged submitted a bid which was 50% higher than Webster's, whose
safety record was not as good, and whose experience was much less than Webster's.
"To have its program upheld, Fulton had to prove during a two-week trial last year
that it had systematically discriminated against women and minorities in the past. In his
ruling, Thrash concluded there was no evidence of such discrimination."
The June 1999 ruling by Judge Thrash against the county's set-aside program inspired the
Southeastern Legal Foundation to file a similar suit against the City of Atlanta seeking
to strike down their racial and gender set-aside programs. [See related: "Atlanta Mayor vows Fight
to the Death"]
The economic studies used by Fulton County in its failed attempt to justify the set-aside
program are the same studies used by the City of Atlanta. This decision could
bolster Southeastern's lawsuit against Atlanta. (Based on The Atlanta
Journal-Constitution, 07/20/00, by D.L. Bennett, and on New York Times 07/20/00)
[Atlanta Journal-Constitution story, last known link:
[New York Times story, last known link:
Fulton County Set-Asides -- Older Stories & Background:
Fulton project reverse bias trial ready (05/11/99)
"Opening arguments are expected today in a case that could kill a Fulton County
program that reserves some county work for businesses owned by women and minorities.
"If a federal judge agrees that the plaintiff, who is white, was the victim of
reverse discrimination when the county awarded more work to a black contractor, Fulton's
set-aside rules could be struck down or weakened significantly.
"U.S. District Court Judge Tom Thrash is scheduled to hear the case, which could last
up to three weeks. The central question in the case is whether Fulton's program,
known as the Minority/Female Business Enterprise Plan, is legal, said Mason Barge, the
attorney for the plaintiff.
"Daniel Webster, owner of The Webster Green Thumb Co. in Newnan, filed the lawsuit in
1996 after county administrators declined to award a tree-cutting contract to his firm.
"Webster's court filings allege that a project on Mount Paran Road was awarded in
1995 to Ben's Landscaping even though the county had decided that the firm, which was
owned by a black man, was not as "qualified nor as safe as Green Thumb and its bid
was 50 percent higher."
"The next year, Webster's annual contract, which had been capped at $66,000, was
lowered to $45,500, said Barge, his attorney. At the same time, the county increased
the amount of work for Ben's Landscaping. Officials were unable to say how much additional
work the company received, however."
(Atlanta Journal Constitution 015/11/99 by Alfred
[Last Known Link http://www.accessatlanta.com/news/1999/05/11/fulcourt.html
Athens' Racial Contracting Quotas Under
Atlanta attorney Robert Proctor has promised to sue the Athens/Clarke government every six
months, or as long as it takes, to end unconstitutional racist contracting polices which
exclude whites or "non-minorities". Attorney Proctor says that Athens'
racist contracting policies run afoul of federal law. He plans to help dismantle
these racially based contracting set-asides.
article in Flagpole Magazine Online 11/19/97)
[Last Known Link: http://www.flagpole.com/Issues/11.19.97/AffirmAction.html
Blacks in Atlanta react angrily to affirmative action challenge (Ongoing)
Atlanta Mayor Campbell has whipped the minority special interests into a frenzy over a
lawsuit seeking to end the city's racial quotas and set-aside programs. Campbell has
repeatedly used racial slurs against the Southeastern Legal Foundation and against its
president, Matt Glavin, and has vowed "a fight to the death" to preserve the
city's racial preferences programs.
Southeastern's suit was filed during the summer of 1999 inspired in part by successful
challenge to Fulton County's racial set-aside program (See Daniel Webster and Green Thumb
Landscaping, above). In the Webster lawsuit, U.S. District Court Judge Tom
Thrash ruled the County's set-asides illegal. His decision in Webster was
unanimously upheld on July 19, 2000 by the entire 11th U.S. Circuit Court of Appeals.
DETAILS at link: http://www.adversity.net/citsysetasides_2_atlanta_campbell.htm#atlanta_campbell
Ongoing: Atlanta's Mayor Campbell vs. Non-Minorities
Link has moved: http://www.adversity.net/citysetasides_2_atlanta_campbell.htm#atlanta_related_ongoing
Illinois City Contracting and
Set-Asides has moved to a new address:
How to Split $4 million in Minority
"Wichita is one of 23 cities awarded $4 million in federal money for low-interest
loans to minority and small businesses. The money, which Vice President Al Gore
awarded to Wichita in November, will provide low-interest loans to minority and small
businesses that cannot qualify for loans under current financing techniques."
Al Gore hopes such race- and gender-based programs will win him the presidency in 2000.
Seeking to ride Al Gore's political coattails, Wichita Mayor Bob Knight praised the race-
and gender-based federal loan program and, according to the Wichita Eagle, called it
"a tremendous opportunity" for the non-white, non-male community.
Under the program, loans for minorities and women-owned businesses will be available at
much lower interest rates than conventional loans: 8.125 percent, compared to the 10.75
percent that would be offered now to small firms owned by white males that apply for a
loan through the Small Business Administration, according to Tom Smith, the city's
(Based on the Wichita Eagle story 02/03/99 by
[Last Known Link:
End "City Set-Asides (2) Florida -