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(5) North Dakota thru South Dakota: City Contractors suffer "reverse discrimination" due to racial set-asides and racial quotas!

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(5) North Dakota thru South Dakota
City-Local Contractors, Employees, and
Racial Set-Asides

Last Updated
September 24, 2000

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Ohio:  Most Recent News & Special Reports -
Cleveland Racial Set-Asides Overturned by Court! (06/02/00) - below.
Pittsburgh's Corrupt Racial Quota Stadium Contracts (06/30/00) - below.


Ohio (Cincinnati):  More Stadium Minority Set-Aside News (02/06/99)
          "Within the last week, two groups have organized to become watchdogs for minority contractors dissatisfied with the amount of contracts minorities are [being guaranteed] on the Bentglas stadium and Fort Washington Way project."

          Stacy Smith, who has an interest in a "disadvantaged woman owned business" in the area helped organize the meeting of 30 minority businesses.  She apparently did not invite any white male business owners.  According to the Cincinnati Enquirer, Ms. Smith said "We need to come together as a group to work toward getting the contracts that are due minorities and women" as racial and gender set-asides.

          "[However, Ms. Smith and other quota supporters are working against] a ruling by U.S. District Judge James Graham that minority set-asides were unconstitutional..."

          "U.S. Magistrate David Perelman of Cleveland ruled in a separate case that anyone who tried to enforce minority set-asides would be in violation of the U.S. Constitution." But quota supporters keep trying to guarantee their set-asides, at the expense of competive bids from firms owned by white males.  (Cincinnati Enquirer, 02/06/99, by Allen Howard)
[link http://enquirer.com/editions/1999/02/06/loc_stadium_contracts.html ]

Ohio (Cincinnati):  Stadium Minority Watchdog Leaves; Proud of Set-Asides (01/25/99)
         
With $219 million in contracts awarded for the new Bengals stadium, companies owned by women and minorities have received race-based contracts equalling about 7 percent of the work, and white-owned firms have been specifically excluded from this 7% of the work, new Hamilton County figures show.

          "The $16.4 million in contracts awarded to firms owned by women or minorities is an increase over figures reported in December, when 6 percent of the contracts awarded had gone to such firms."  No similar figures are offered by Hamilton County about white-owned firm’s increase or decrease in business.

          " 'We are particularly proud of the work force,'  Hamilton County Commissioner Bob Bedinghaus said" [apparently meaning the subcontract guarantees and gifts to minorities and women-owned businesses].  " 'The county will continue to work on attracting minority- and female-owned companies on this project.' "  Bob failed to mention any similar effort at attracting white-owned businesses to the project.

          Johnathan Holifield, an officer with the Cincinnati NAACP, said that these racial set-asides and guarnatees show "there are ‘opportunities’ for employment on these massive public works projects" meaning his minority consituency looks forward to continuing to enjoy racial set-asides from the project funded by taxpayers.  Mr. Holifield went on to say that the NAACP is not satisfied with only 7 percent of the project being reserved exclusively for contractors of the right color. He would prefer that the figure be 15% or higher.  "Mr. Holifield said the group is confident the African American Chamber of Commerce and Hamilton County will be able to work together to improve those numbers," implying the threat of racial boycotts, political trouble, and racial unrest if these set-aside demands are not met.  (Based on Cincinnati Enquirer, 01/25/99, by Lucy May)
[link http://enquirer.com/editions/1999/01/20/loc_minority_figures_up.html ]

Ohio (Cincinnati):  City set-aside plans on hold
          Legal challenges to Cincinnati's racially preferential contracting policies have caused the city to put these programs "on hold" for 90 days or more while the City Council tries to figure out if it should obey the Constitutional protections against such racism, or if it should proceed with racist set asides to preferred minority contractors.  (Cincinnati Enquirer 11/13/98)

Ohio (Cincinnati):  City and County Spat - Which Contracts with MORE Minorities?
          Cincinnati officials engage in p***ing contest with Hamilton County over which one contracts with the most minorities.   Lots of press coverage but there is NO mention of contractor qualifications or competence in the entire debate!  I know who I'd pick to build my new highway, stadium, or county building, don't you?  (Cincinnati Enquirer 10/27/98)

Ohio (Cincinnati):  Ohio Contractors Association Settles Reverse Discrimination Suit (dead link)
          Cincinnati wanted 30% of its contracts to be illegally set-aside for minorities.  The Contractors Association sued the City for reverse discrimination.  Cincinnati settles for 5% racial set-asides.   Still too much, but its a start!  (Cincinnati Post, 7/23/98)
[former link **
http://www.cincypost.com/news/ftwash072398.html]


Ohio (Cleveland):  Federal Court Voids Ohio's Set-Aside Law (06/02/00)

          "An Ohio law that channels 5 percent of the state's construction contracts to minority-owned firms was nullified yesterday by a federal court that ruled the 1980 law racially discriminates against businesses controlled by whites.

          "State building contracts include prisons, colleges, hospitals and highways. They are worth hundreds of millions of dollars each year. State officials adopted the set-aside law in 1980, in an effort to redress prior years of prejudice against minority businesses.

          "But the 6th Circuit U.S. Court of Appeals ruled yesterday that Ohio had been unable to come up with convincing proof that such racial bias actually existed in the past. The court set aside the law, declaring state officials fell far short of proving Ohio had ever intentionally excluded anyone from sharing in its lucrative construction programs.

          "A three-judge panel also said it found a major loophole in the law: Recent immigrants from Asia were eligible even though they had not been in Ohio long enough to suffer from discriminatory practices in the building trades.

          "U.S. Circuit Judge Danny J. Boggs, who wrote yesterday's decision, disparaged the state's attempt to produce evidence of prior discrimination as worthless.  "The deficiencies of the data are glaringly clear," Boggs said. "Much of it is severely limited in scope or is irrelevant to this case."

          "The Associated General Contractors of Ohio, a construction trade group, challenged the law after $10 million of a $50 million Toledo prison project was earmarked specificially for minority firms. The trade group objected, arguing that its members had been barred on racial grounds from seeking state work. Meanwhile, minority firms were free to bid on the $10 million set-aside as well as the other $40 million budgeted to build the new Toledo penitentiary, the trade group said.

          "At last count, there were about 1,180 minority-owned firms officially certified by the state Department of Administrative Services, which handles all Ohio contracts."  (The Cleveland Plain Dealer, Friday 06/02/00 by Bill Sloat)
[link http://www.cleveland.com/news/index.ssf?/news/pd/cc02asid.html ]


Pennsylvania

Pennsylvania (Pittsburgh):  Pittsburgh's Corrupt Racial Quota Stadium Contracts (06/30/00)
         Adversity.Net Special Report:  Pittsburgh's racial quota programs are in trouble.   For the past 18 months city leaders, the FBI, and even the NAACP have gone on record condemning the corruption and racial cronyism these programs have encouraged.   Pittsburgh's program encourages contractors to mis-report their race or skin color in order to qualify for racially-sensitive contracting opportunities.   Adversity.Net has collected the major news stories regarding Pittsburgh's discriminatory racial and gender quota contracts programs.
[link http://www.adversity.net/citysetasides_5_pittsburgh.htm ]


Pennsylvania (State):  Statewide Guarantee for Minority Set-Asides on Stadiums  (01/26/99)
          Pennsylvania quota-mongers were beside themselves in announcing an unholy coalition to guarantee contract set-asides for minority businesses pertaining to any stadium construction in this state.  The gleeful officials failed to mention the constitutional violations involved in denying any portion of this work to 'white-owned businesses'.

          "State Rep. William Robinson has drawn support from two minority groups for his efforts to ensure that blacks get a share of the work on any new stadium construction in Pennsylvania.  Last night, the African American Chamber of Commerce of Western Pennsylvania and the National Association of Minority Contractors/Black Contractors Association said they were backing Robinson's legislation, which would mandate that blacks be hired for a portion of the work.

          " 'This is an opportunity for African-American businesses and professionals,'  said Doris Carson Williams, president of the commerce organization.  'In the previous Renaissance, African-Americans weren't chosen [to participate] to full capacity. This time, we're looking for more of a role for women and minorities.' "

          "Robinson, D-Hill District, and state Rep. Andrew Carn, D-Philadelphia, are co-sponsoring a package of bills that would attach minority hiring requirements to any state money for new stadiums. At least $150 million in state funds are being sought for the two Pittsburgh stadiums."   (Post-Gazette, 01/26/99, by Ervin Dyer)
[link http://www.post-gazette.com/regionstate/19990126chamber7.asp ]

Pennsylvania (Philadelphia):  Philly Minorities Extort Racial Guarantees on Stadiums   (02/07/99)
          "
With stadium construction nearing reality for the Phillies and Eagles, calls rose yesterday for minority residents of Philadelphia to battle for a fair share of the spoils.   'Organize, organize, organize!'  implored City Councilman Angel Ortiz. [Meaning:  Extort, extort, extort!]

          "At a forum sponsored by state Rep. Andrew Carn, a Philadelphia Democrat who has been a vociferous critic of public funding for the sports arenas, organizers began mapping plans to ensure that many of the thousands of jobs expected to be generated by the projects go to minority contractors and workers.

          " 'I would hope the Phillies and Eagles see the benefit of including everyone [but especially minorities and women],'   Carn said.  'But given the circumstances, I think we have to force inclusion [meaning racial contracting guarantees], and use our political strength and muscle to make that happen [i.e., to extort racial set-asides out of these people].'

          "Carn -- one of only three Democrats who voted Wednesday against providing $320 million for building Pittsburgh and Philadelphia new baseball and football stadiums -- urged citizens to pressure Philadelphia mayoral candidates, City Council members, building trades officials, and the teams themselves [into guaranteeing set-asides for minority and women contractors]."   (Philadelphia Inquirer, 02/07/99, by Howard Goodman)
[link http://www.phillynews.com/inquirer/99/Feb/07/city/SHAR07.htm ]


Rhode Island (Providence):  Shopping Mall NOT Being Built by Correct Racial Mix! (no link)
          Providence City Council and the Racial Enforcement Board (i.e., the "Minority Business Enterprise Office") are upset that the builder of the Providence Place Mall doesn't have the right races of workers building the place.  City threatens to revoke tax breaks for the mall.   One point of contention is that only 2.6% of the contracts and subcontracts had been awarded to "women-owned" construction firms.  How many women-owned construction firms do YOU know?  (Providence Journal, Associated Press, via MSNBC 9/24/98; link no longer available)


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*  We use the term reverse discrimination reluctantly and only because it is so widely understood.  In our opinion there really is only one kind of discrimination.