Calif. Court Says No to Affirmative Action

Judge James Warren upheld the affirmative action stance of Calif. voters.

On July 26, 2004, San Francisco Superior Court Judge James Warren permanently enjoined the city from awarding contracts under its affirmative action policy for public works. The judge said the program violates the 1996 passage of Proposition 209 by the voters of California, which banned discrimination and preferential treatment based on race or sex.

San Francisco's affirmative action program gives women and minority-owned contractors special notice when bids come up and calculates their bids 10% lower than their actual bids.

The plaintiffs are two contracting companies who challenged the legality of affirmative action policy, Santa Rosa-based Schram Construction Co., and Coral Construction Co. of Wilsonville, Ore. The plaintiffs are represented by the Sacramento-based Pacific Legal Foundation.

The precedent for the ruling is a 2000 decision by the state Supreme Court to strike down San Jose's affirmative action program.