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

Racial discrimination is NEVER justified!

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(5) North Dakota thru South Dakota
State Contractors and
Racial Set-Asides

Last Updated
March 16, 2000

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Ohio (Statewide): Court rulings on minorities leave bidders bewildered (04/08/99)
          COLUMBUS - "The Ohio Supreme Court yesterday ruled unanimously that a portion of the state's program for minority contractors is constitutional.  In the 7-0 decision, the high court tossed out rulings by lower state courts that Ohio's Minority Business Enterprise program was unconstitutional and should be redesigned to benefit all economically and socially disadvantaged businesses, regardless of the owner's race.

          "But the justices tailored their decision to apply only to state contracts for purchasing supplies and services because U.S. District Judge James L. Graham of Columbus determined in October that the set-aside law for construction contracts and subcontracts was unconstitutional.

          "That law requires Ohio to reserve 5 percent of state construction contracts and 7 percent of subcontracts for minority-owned businesses. The state also set aside 15 percent of purchasing contracts for competitive bidding by minority businesses, limited to blacks, Hispanics, American Indians, Asians and Asian-Indians.

          "Sen. Eugene Watts, a Columbus Republican who is a persistent critic of the set-aside program, has scheduled a news conference today to unveil legislation that he said would undo the high court ruling."  (Cleveland Plin Dealer 04/08/99 by T.C. Brown)
[link http://www.cleveland.com/news/pdnews/metro/o08mbe.ssf ]

Related:

Ohio minority businesses get boost in court (04/08/99 - dead link)
          "State lawyers will use a unanimous decision of the Ohio Supreme Court issued yesterday as ammunition to fight a federal judge's ruling that has stymied programs to help minorities win state contracts. The state court ruled Ohio's Minority Business Enterprise Program, which sets aside a share of state business for minority-owned firms, is constitutional. "We will be this week seeking a stay of Judge (James L.) Graham's decision in the federal court,'' Deputy Attorney General Mark R. Weaver said. Graham, a judge of the U.S. District Court in Columbus, ruled in October that the set-aside programs are unconstitutional because the state produced no proof of past discrimination against minority- owned businesses to justify redress and has not periodically reviewed the programs to determine if they are needed."  (Dispatch 04/08/99 by James Bradshaw)
[former link **http://www.dispatch.com/pan/news/setasinws.html]

Minority set-asides upheld in Ohio (04/08/99 - dead link)
          "A Democratic lawmaker says he will push for reinstatement of minority set-asides in light of an Ohio Supreme Court decision yesterday upholding the state program. The state Supreme Court said it's OK to restrict the program -- which applied to 15 percent of contracts for state goods and services -- to businesses run by African-Americans, Hispanics, American Indians and Asian-Americans. This reversed earlier decisions that the program must be open to all socially and economically disadvantaged people, regardless of race. ``We're really pleased with it,'' said Judith French, an assistant attorney general who represented the state. ``It's quite a decision.'' 

          "[Gov. Bob Taft] said yesterday in a statement that he would comply with the Supreme Court's decision. But, he added, ``I remain opposed to race-based set-asides and quotas in the absence of a demonstrated history of racial discrimination.'' (Beacon Journal 04/08/99 by James C. Benton and Andrea Misko)
[former link **http://www.ohio.com/bj/news/docs/028717.htm]

Ohio (Statewide):   Minority Set-Asides are Not a Good Thing
          "
Like many other institutions nationwide, the Ohio Supreme Court will consider a challenge to Ohio's set-aside program for minority contractors — and it's about time. For too long, blacks, Hispanics, American Indians, Asians and Asian Indians have enjoyed an unfair advantage in obtaining state contracts. Preferences, quotas and set-asides foster a sense of entitlement among the favored minority groups and help fuel the growing sense of resentment and outrage that is manifested in lawsuits filed by nonminority individuals claiming reverse discrimination."  (Scripps Howard News Service 12-26-98, by Rebecca A. Thacker)
[ link http://deseretnews.com:80/dn/view/0,1249,30003172,00.html ]

Ohio (Columbus):   State Stops Giving Racial Preference in Dept. of Corrections Contracts (dead link)
          "Nearly two months after a federal judge ruled Ohio's (racial) set-aside program unconstitutional, lawmakers took another step away from the (set-aside) program yesterday.  The Controlling Board approved two prison construction contracts bid by the Dept. of Rehabilitation and Correction without following the (racial) set-aside program.  The 18-year-old program was ruled unconstitutional by U.S. District Judge James Graham in October (1998).   (Judge Graham's) decision let Gov. George V. Voinovich to shut down the (racial set-aside) program last month."  (Beacon Journal, by Andrea Misko, 12/22/98)
[former link 
http://www.ohio.com:80/bj/news/docs/008407.htm]

Ohio (Columbus):   State lacks evidence to prove discrimination against minority firms (dead link)
          The state's set-aside programs for minority businesses were struck down in part because Ohio failed to conduct a study that proved "prior racial discrimination".  Last month, U.S. district Judge James L. Graham ruled a portion of the state's set-aside program to be unconstitutional.   Judge Graham ruled that the state failed to show evidence "of past discrimination against minority-owned business enterprises."  (Columbus Beacon Journal 11/27/98 - link removed "http://www.ohio.com/bj/news/docs/026285.htm")

Ohio (Columbus):   Judge Rejects Ohio's Racial Set-Asides
          U.S. District Judge James L. Graham ruled that Ohio has failed to prove "prior discrimination" as required by the State's argument that racial set-asides were necessary to correct past discrimination.   The Judge has struck down Ohio's racial quota requirements for state contractors!   The Associated General Contractors of Ohio gets the credit for having had the courage to challenge this form of racism against "non-minorities".   (Cincinnati Enquirer 10/29/98)

Ohio (Columbus):   Ohio State Lawmakers Vow to End Set-Asides
          Ohio voters and the state legislators will abolish quotas and set-asides.  Cleveland's NAACP is running scared, trying to achieve a compromise that would preserve some racial quota programs.  But Ohio's state legislators "will not compromise when it comes to the use of preference programs that benefit one class of people, but are detrimental to another."   (Cleveland Plain Dealer 11/11/97)


Pennsylvania (Chester County):  White Housing Authority Director Wins Reverse Discrimination Suit (08/09/99)
          "The Chester County Housing Authority has reached a $170,000 settlement in a reverse discrimination lawsuit brought against the authority in 1997 by John J. Fitzgerald, its current executive director.

          "Fitzgerald [white] was appointed executive director of the agency in June after the state Supreme Court ruled that the authority's board had violated state civil-service and veteran preference hiring laws in 1995 when it picked Troy Chapman [black] to lead the agency instead of Fitzgerald, an Army veteran. ... After hiring Chapman, who is black, the authority was sued by the state Civil Service Commission.

          "Two years later, Fitzgerald, who is white, filed in federal court against the authority, alleging that he was a victim of reverse discrimination.  Fitzgerald, 63, earns $64,615. Chapman [black], 64, director of development and planning, earns $82,000."  (Philadelphia Inquirer 08/09/99)
[link http://www.phillynews.com/inquirer/99/Aug/09/pa_west/WBRF09.htm ]


Rhode Island (Providence):  Struggling "White" Businesses Left Out by RI Quota Contracting (dead link)
          Rhode Island has never met it's racial quota of 10% of state business "gifts" to so-called disadvantaged minority businesses.  This is due to a lack of 'competent' bidders for racial set-aside contracts.  However, small, struggling "white" firms are left in the cold by Rhode Island's racial quotas.  (Associated Press, via Boston Globe 11/09/98)
[former link **
http://www.boston.com/dailynews/wirehtml/313/Minority_business_owners_say_state_.shtml]


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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.