Texas Man Refuses Preferential Treatment, Loses Contract
File this in the never-heard-about-it department: In 1996, the City of Austin in Texas passed a race and sex preferences ordinance that required minority-owned businesses seeking government contracts and subcontracts to certify themselves as minority-owned businesses.
John Goode, owner of Mr. Bones BBQ refused, preferring to win contracts based on the same criteria as other contractors. (Source)
A company called Fine Host Corporation canceled its contract with Goode, citing “lack of proof” of his minority certification. In 1998, Goode filed suit against the City of Austin for wrongful and unfair dismissal. A federal judge recently dismissed his suit.
It’s hard to believe such a thing could happen, but it does. A black man wants to compete with others and refuses special treatment, and he’s penalized for it. The government has a way of coercing citizens.
The state of California requires minority business owners with government contracts to certify themselves as such. Like Goode, Ward Connerly, a minority business owner, refused.
On my personal blog, I wrote about Connerly’s campaign to end race preferences in government hiring, contracting, and admissions. A few commenters called him a hypocrite, accusing him of trying to dismantle a system from which he benefited. The accusation was false, and I was very pleased that Connerly e-mailed a response to the accusations, which I posted on my blog. He wrote (emphasis added):
It seems that one of those who posted to your site is fascinated by the issue of whether I registered my firm as a “minority” contractor. To set the record straight, I have NEVER registered or certified my firm as a “minority contractor” with the federal government, the state government or any city or county agency. My firm has NEVER received any preference as a “minority contractor.” The contract reported on by the S.F. Chronicle is one that my firm already had when the law went into effect requiring all contractors to award 15% of their contracts to minority-owned subcontractors. I refused to certify as required by the new law. To settle the matter, the California Energy Commission – the procurement agency – asked if I would sign a form stating that I was “black” and that I owned at least 50.1% of my firm. If I agreed to do so, I would not have to subcontract 15% of the contract, which would have made its implementation financially infeasible, the CEC would be in compliance with the law, and an expensive lawsuit could be avoided. Because I am regarded as “black” and did (do) own at least 50.1% of my firm, I signed the form confirming those facts. That ended the matter. No “certification” or registration ever occurred.
We can ask, “What kind of country are we living in?” all day long, but the solution is action. On this blog, I hope to raise awareness about the unfair and demeaning nature of preferential treatment and provide news and other information about the American Civil Rights Institution’s efforts to dismantle this practice.
