Press Release - September 19, 2003

News Advisory – September 4, 2002

News Advisory – June 7, 2002

News Advisory – May 30, 2002

FOR IMMEDIATE RELEASE
CONTACT: Diane Schachterle
(916) 444-2278 or ds@acri.org

FPPC FAILS TO MAKE ITS CASE FOR THE AMERICAN CIVIL RIGHTS COALITION TO DISCLOSE CONTRIBUTORS

SACRAMENTO – The American Civil Rights Coalition (ACRC) is vindicated today as the FPPC is denied a preliminary injunction to force disclosure of contributors to ACRC. The judge’s order states:

“Upon the record presented, the Court finds that the FPPC has not demonstrated a likelihood that it will ultimately prevail on the merits of the action. Further, the potential irreversible constitutional injury that could be occasioned to Defendants and their contributors by the compelled disclosure sought by the State if the operative statutes and regulations are later found to be constitutionally deficient, significantly outweighs the potential harm that may be suffered by the voting public in having to cast their votes on the subject measure based upon its merits without also knowing the identity of some of the people or entities that gave financial support to ACRC which in turn supported the subject measure.”

“As we have said all along, there is a serious constitutional issue involved in this case that affects not only our donors but the donors to every association similarly situated to ours,” stated Ward Connerly, Chairman of ACRC. “We are gratified that the court recognizes the gravity of the situation and will not be swayed by the FPPC’s weak and politically motivated argument. We have nothing to hide, the “Yes on Proposition 54” recipient committee has complied with all disclosure requirements, and ACRC complied with all existing precedent and practice.”

In its fervor to influence the election, the FPPC has engaged in selective enforcement with its heavy handed and unfair focus on contributors to the “Yes on Prop 54” campaign, but has not applied equal scrutiny and pressure for disclosure of contributors to the “No on Prop 54” campaign.

Other groups, associations and non-profits contributing to political campaigns should be on notice that they too will be compelled to disclose should the FPPC create a new rule with this case. Contributors to the “No on Prop 54” campaign such as the ACLU of Northern California and the ACLU of Southern California, The American Cancer Society, the California Nurses Association and the Lawyers Committee for Civil Rights should pay close attention to this case.

“Our donors have the constitutional right to free speech and association without fear of harassment,” Connerly concluded. “And, we will stand by them, particularly inasmuch as none of that contributed to ACRC had any influence over how or where their contribution would ultimately be used. I understand that the donors themselves have attempted to intervene in order to protect their rights, but the FPPC blocked that action. The FPPC’s absence of fair play is quite apparent. In the end, I believe the Constitution will prevail.”

The American Civil Rights Coalition works with grassroots supporters and leaders on the local, state and federal level to end racial and gender preferences and classifications. ACRC also engages in activities such as initiative campaigns and legislative tracking.

FOR IMMEDIATE RELEASE

Contact: Kevin Nguyen
Wednesday, September 4,2002
916-444-2278

Connerly calls for Davis veto of racial tracking bill

(SACRAMENTO) – American Civil Rights Coalition

Chair Ward Connerly today blasted a bill pending on

 the desk of Governor Gray Davis, Assembly Bill 1309

(Goldberg), relating to the government-imposed obligation

for businesses to collect racial and gender identity data.

This bill would require most employers and labor
unions to file reports annually listing the racial and gender
composition of their workforce along with their job classifications.
These reports would have to be disclosed to the general public.
Failure to do so would be considered an unlawful practice.

AB 1309 “threatens job creation and business growth,
especially given our economic recession” by encouraging frivolous
lawsuits by private parties alleging unlawful business practices,
Mr. Connerly stated in a letter to Governor Davis urging a veto.
“Merely having such legislation on the books is an open invitation
for attention-grabbing ‘civil rights’ advocates to harass California
employers through protests, demonstrations and similar pressure
tactics.”

“Californians are tired of the state classifying and tracking
them by ‘race,’ given the arbitrary and constantly shifting
categories into which most Californians find themselves,” he
continued, citing a Field Poll conducted this past May
that showed likely voters opposed to such a practice by a
3-2 margin. “This sentiment in favor of racial privacy,
instead of more government snooping and tracking, cuts
across racial, gender, partisan, ideological and geographic lines.”

Connerly also predicted that if the governor signs
AB 1309, the legislature will eventually add disclosure of salaries
and wages to identity and job classifications. “I am certain that
most employees don’t want what they earn becoming a matter
of public information. But, that is precisely where this legislation leads.”

Among the other opponents of the bill are the California Chamber

of Commerce; the California Manufacturers and Technology

Association; the American Institute of Architects, California

Council; and the Engineering Contractors’ Association.

The governor has until September 30 to sign or veto this and

other bills passed and sent to his desk in the last days

of the 2001-2002 legislative session.

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FOR IMMEDIATE RELEASE
Contact: Kevin Nguyen
916/444-2278
Friday, June 7, 2002

Governor Bush signs Florida race preference bill, attracts criticism for treating state contractors differently by race

(SACRAMENTO) – Disappointed that Governor Jeb Bush chose to sign racially discriminatory policies into law, Ward Connerly of the American Civil Rights Coalition (ACRC) and Allen Douglas of the Florida Associated General Contractors Council (AGC) decried yesterday’s bill signing of House Bill 1323 as a form of preferential treatment available only to minority state contractors.

H 1323 creates the Florida Minority Business Loan Mobilization Program that permits state-certified minority business enterprises, regardless of wealth, to request advance payments (up to 10 percent) on contract awards as a way to obtain or increase working capital financing. Critics of the new program say that a more inclusive way to spur capital development among disadvantaged businesses would have been to make wealth or geography a qualifying factor, not skin color.

“For those who recall that Governor Jeb Bush said in 1999 that his plan ‘is not race-neutral’ and that ‘race-consciousness is appropriate,’ this bill signing should not be surprising,” said ACRC chair Ward Connerly. “What is surprising is that the governor has not learned since then, despite court decisions that question the constitutionality of race preference programs and practices, that treating people differently by race has no place in America, even if it’s under the guise of ‘diversity.’ His position is at odds with legal and voter opinion and is an unconscionable way to aid disadvantaged businesses.” (Governor Bush’s comments can be found archived at http://www.myflorida.com/myflorida/government/governorinitiatives/
one_florida/executiveSummary.html)

When he unveiled “One Florida” in 1999, Governor Bush observed that “only a pittance — $257 million or 2% of available state spending — was spent in 1998-99 with certified minority businesses. What’s more, most of this spending went to firms owned by white women, who count as ‘minorities’ under the present system.” Instead, he promised that “One Florida will gauge minority spending, not by illusory goals, but by the bottom line – we will increase the dollars actually spent on minority businesses….[W]e will hold [government] purchasing agents accountable, by making public the amount of minority business spending for which each agent is personally responsible.”(http://www.myflorida.com/myflorida/government/
governorinitiatives/one_florida/floridaSummary.html)

“The Associated General Contractors of Florida is very disappointed that after Governor Bush pledged to end racial preferences, he signs this bill that separates our contractors by race so that some are treated more equally than others,” said Florida AGC Executive Director Allen Douglas.

Ward Connerly can be reached for comment at 916/456-4784, and Allen Douglas can be reached at 850/508-7725.

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FOR IMMEDIATE RELEASE
Thursday, May 30, 2002
Contact: Kevin Nguyen, 916/444-2278
Governor Bush urged not to sign Florida race preference bill

(SACRAMENTO) – Ward Connerly and the American Civil Rights Coalition (ACRC) warned that should a recently-approved bill in Florida be signed into law by Governor Jeb Bush in the next few days, it would represent a preference program targeted exclusively to certain groups on the basis of race.

House Bill 1323 would create the Florida Minority Business Loan Mobilization Program that permits state-certified minority business enterprises, regardless of wealth, to request advance payments (up to 10 percent) on contract awards as a way to obtain or increase working capital financing. Critics of the new program say that a more inclusive way to spur capital development among disadvantaged businesses is to make wealth or geography a qualifying factor, not skin color.

“If Governor Bush signs HB 1323 into law, it would shatter the myth that his ‘One Florida’ plan in 1999 was designed to end preferences,” said ACRC chair Ward Connerly. “Instead, this legislation seems to conform with the desire of racial advocacy and entitlement groups to increase the number of minority contracts through more crafty forms of preferential treatment.”

When he unveiled “One Florida” in 1999, Governor Bush observed that “only a pittance — $257 million or 2% of available state spending — was spent in 1998-99 with certified minority businesses. What’s more, most of this spending went to firms owned by white women, who count as ‘minorities’ under the present system.” Instead, he promised that “One Florida will gauge minority spending, not by illusory goals, but by the bottom line – we will increase the dollars actually spent on minority businesses….[W]e will hold [government] purchasing agents accountable, by making public the amount of minority business spending for which each agent is personally responsible.”

http://www.myflorida.com/myflorida/government/governorinitiatives/ one_florida/floridaSummary.html

In his Executive Summary of One Florida’s “Equity in Contracting” plan, Governor insisted: “My plan is not race-neutral. Diversity is something to be embraced, not excused. Race-consciousness is appropriate if State effort does not come at the direct expense of non-minorities, as it does with set-asides and price preferences.”

http://www.myflorida.com/myflorida/government/governorinitiatives/one_florida/
executiveSummary.html

“Governor Bush can do the right thing and veto this racially restrictive policy and insist on nonracial qualifiers to this otherwise admirable program,” said Mr. Connerly. “But, by signing the bill into law, he would instead show Floridians that racial politics transcends equal treatment under the law.”

HB 1323 was sent to the Governor on Mary 22, and he has 15 days to sign or veto it. If he takes no action, it automatically becomes law.

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