|By State and City:
Sorry: Texas stories have moved to a new page! Please bookmark it:
White, Male-Owned Businesses are NOT Entitled
to Equal Protection Under the Law!
In 1995 the Cache Valley Electrical Co. submitted the lowest bids for two separate
contracts for federally funded highway projects in Utah. But because the company is owned
by a white male, both of its low bids were rejected. Instead, two contractors with more
expensive bids were awarded the contracts because those business were owned by minorities!
Jack Laub, the white, male owner of Cache Valley Electrical enlisted the aid of the
Mountain States Legal Foundation to sue for reverse discrimination.
Hundreds of thousands of dollars in legal services later, three courts, including the U.S.
Supreme Court, have refused to overturn this overt racism against white business owners.
U.S. District Judge David Winder dismissed the lawsuit, saying that Cache Valley
Electrical lacked the legal standing to sue because it could not prove that the program's
preferences in favor of women and racial minorities had hurt Cache Valley Electrical!
Second, owner Jack Laub and the Mountain States Legal Foundation appealed
the decision to the 10th U.S. Circuit Court of Appeals. In July 1998 the appellate court
upheld the suits dismissal by U.S. District Judge David Winder.
Third, and finally, on March 29, 1999 the Supreme Court of the United
States refused to hear Laubs (and Mountain States) appeal to the high court.
Without comment, the Justices refused to hear the appeal, thereby allowing the lower court
decisions in favor of federal reverse discrimination against white, male-owned businesses
Note: The High Courts refusal to hear the appeal does not
constitute a decision, and does not constitute legal precedent in favor of government
racial preferences in awarding of contracts.
WHAT IS THE "LAW"? The
federal governments Disadvantaged Business Enterprise (DBE) program mandates that no
fewer than 10 percent of all federally funded highway construction contracts be awarded to
small business concerns owned and controlled by minorities and women.
Thus, a woman or minority owned business is guaranteed preferential treatment for 10% of
all federal highway contracts. A woman or minority owned business is also free to bid
against white, male-owned businesses on the remaining 90% of federal highway contracts.
BUT white, male-owned businesses enjoy no such protection: they are specifically
excluded from bidding on 10% of federal highway contracts due to their race and gender,
and are thus not faced with a level playing field.
Legal Cite: Cache Valley Electrical Co. vs. Utah Department of Transportation,
98-579. (Based on Associated Press, 03/29/99, by Richard Carelli, via FoxNews)
See Also: DOT - The Fed's Racial Quota Hammer!
No entries at this time.
After I-200, Washington's Minority List
"Cheri French owns one of the first women's businesses ever certified for the
state's affirmative-action contracting program - she even boasts of her low certification
number, 43. Then voters approved Initiative 200, which ended mandatory goals for the
participation of minority and women's firms in state business contracts.
" 'I'm not recertifying,' said French, owner of Builders Exchange of Washington in
Everett. 'When the election happened last November, it was like, 'What's the point?'
"She's not alone. Since last fall the number of firms certified by the state as
minority or women-owned businesses has dropped by 20 percent, from about 4,600 to
3,700." [After all, if the firm is not competitively qualified, why should it
be given extra preference by the state?] (Seattle Times, 02/15/99, by Tom Brune)
[last known link http://www.seattletimes.com/news/local/html98/drop_021599.html
DSHS Worker Fired for Blowing Whistle
on Minority Contractor Corruption (01/03/99)
Touchstones was a nonprofit group that served minorities throughout Washington and
received money from myriad state agencies, including the Department of Social and Health
Services (DSHS). When Mark Usdane found out that Touchstones was double-billing DSHS, he
told the state auditor, and DSHS rewarded Mr. Usdane by firing him.
What Usdane didnt know until too late was that the president of Touchstones had
highly-placed friends at DSHS. The Human Rights Commission has ruled that Mark
Usdane had, indeed, been fired by DSHS for blowing the whistle on Touchstones. But
Usdane remains unemployed while DSHS fights back. DSHS spokesperson Gordon Schultz
told the Seattle Times their official position is that Usdane's allegations are
groundless, and he indicated that DSHS is looking forward to dragging out the proceeding
for as long as possible.
According to the Seattle Times, Touchstones is now out of business, and attempts to reach
it former president, Mr. Joe Garcia, for comment have been unsuccessful.
(Excerpted from the Jim Lynch story in the Seattle Times 01-03-99)
[last known link http://archives.seattletimes.com/cgi-bin/texis/web/vortex/display?storyID=110061&query=
Black Contractors Guaranteed $984,539
Because of Color (01/11/99)
Milwaukee's I-94 repaving
project included a stipulation from the Wisconsin Department of Transportation: hire
a certain number of minority and women subcontractors, or else! Prime contractors
jumped through the required hoops and doled out the race money as directed.
Additionally, the Wisconsin DOT shelled out $302,000 for a study to think up ways for
white contractors to spend money on minority contractors! The best wrinkle of the
whole story, though, is that black and other minority leaders were angered last year when
the owner of the Lunda Construction company met part of its "minority and women
subcontracting goal" by shelling out a $426,535 subcontract to his daughter!
But they were just following the rules! (Excerpted from the Larry Sandler story in
the Milwaukee Journal Sentinel 01-11-99)
[last known link http://www.jsonline.com/news/Metro/990111blackfirmsshareofi94w.asp
According to Wisconsin DOT's own figures, the agency annually sets aside $25
million to $30 million exclusively for contractors of the correct race, gender or
ethnicity. The state agency maintains and staffs several programs exclusively to
assist racial minorities, including the Disadvantaged Business Enterprise program.
In its descriptive literature, WisDOT euphemistically states that minority
"opportunities are emergeing in all modes of transportation, including construction
and consulting" as a direct result of the agency's racial contracting set-asides.
Tennessee thru Wyoming Page