Articles

California high-speed rail’s race-based contracting scheme is off track

August 13, 2012 | By RALPH KASARDA

On August 2, 2012, I attended the monthly public board meeting of the California High Speed Rail Authority (CHSRA) to comment on CHSRA’s new race-based contracting goal.  For anyone who has not attended one of these meetings, they appear to have evolved into an assembly of the mutual admiration society where supporters of high-speed rail a ...

Articles

PLF counsels the Council to not use race

February 12, 2013 | By JOSHUA THOMPSON

PLF and our friends at the Center for Equal Opportunity (CEO) frequently send letters to local governments that are considering whether to adopt discriminatory race- and sex- based contracting preferences.   These letters urge local governments to refrain from classifying individuals on the basis of race.   Local construction contracts should g ...

Articles

The Caltrans Local Assistance Program : Money for discrimination

February 15, 2013 | By RALPH KASARDA

Earlier this week I participated in oral argument before the Ninth Circuit Court of Appeals for our case in Associated General Contractors of America, San Diego Chapter v. California Department of Transportation (Caltrans).  As a condition of taking federal highway funds, Caltrans administers a federal contracting program called the Disadvantaged ...

Articles

Caltrans : "Disparate impact justifies racial preferences."

February 27, 2013 | By RALPH KASARDA

In my last post about our case Associated General Contractors of America, San Diego Chapter  v. California Department of Transportation (Caltrans), I described how Caltrans implements the federal Disadvantaged Business Enterprise (DBE) program in a way that requires prime contractors to discriminate against subcontractors on the basis of race and ...

Articles

Feds approve California’s policy of multiracial discrimination

March 13, 2013 | By RALPH KASARDA

Is race a qualification for contractors in California?  Last November, the United States Department of Transportation approved the policy of the California Department of Transportation (Caltrans) that 9.5% of the federal funds the state receives for transportation projects will go to subcontractors of preferred races.  The policy is contained in ...

Articles

Robbing Sanjay to pay Xuan

March 22, 2013 | By RALPH KASARDA

Useful innocent? Useful idiot?  No, just uninformed.  At least that appears to be the explanation for a contractor who expressed delight with a court ruling that allows the government to continue its racial discrimination . . . against him. In 2011, a federal district court judge for the Eastern District of California upheld a California Depar ...

Articles

California high speed rail collides with the Constitution

April 12, 2013 | By RALPH KASARDA

Will discriminatory contract requirements derail the California high speed rail?  In June, the California High Speed Rail Authority (CHSRA) is expected to award its first ever contract for the design and construction of a segment of California’s high speed rail line.  The contract will cover portions of Madera and Fresno counties.  Unfort ...

Articles

Ninth Circuit : Caltrans can continue its multiracial discrimination

April 17, 2013 | By RALPH KASARDA

The disappointing decision by the Ninth Circuit yesterday in AGC San Diego v California Department of Transportation (Caltrans) means that Caltrans can continue its policy of multiracial discrimination. Caltrans imposes a one-size-fits-all racial preference on all federally assisted transportation construction and engineering contracts statewide. ...

Articles

The social injustice of government race-based contracting programs

August 13, 2014 | By RALPH KASARDA

PLF attorneys are filing a brief in support of Midwest Fence Corporation in its “David versus Goliath” legal challenge against race-based public contracting programs in Illinois.  Both federal and state programs are at issue, and Midwest Fence had to sue several state and federal agencies to try to save their business.  Here is PLF&# ...