ADVISORY/First Major Test Case Applying Proposition 209 To Race and Sex Affirmative Action Programs To Be Argued In California Supreme Court

Business Wire, August 30, 2000

Business Editors, Legal Writers

ADVISORY...for Wednesday (Sept. 6)

--(BUSINESS WIRE)

      --  FROM: Pacific Legal Foundation
        Contact: Harold E. Johnson
                 916/362-2833

      --  CASE: City of San Jose v. Hi-Voltage Wire Works, Inc., dba
        Power Providers (Case No. S080318)

      --  KEY DATE: September 6, 2000

      --  TIME: 9:00 a.m.

      --  LOCATION: California Supreme Court, 350 McAllister Street, San
        Francisco

The Associated Press calls this case "the most important civil rights dispute in many years to reach the (California Supreme) Court."

It is also the first time the state high court will rule on the scope of Proposition 209, the 1996 voter-enacted initiative that amended the California Constitution to prohibit state and local governments from discriminating against or granting preferential treatment to anyone on the basis of race or sex.

On Wednesday, September 6, Pacific Legal Foundation attorney Sharon L. Browne will argue before the justices to uphold a Court of Appeal ruling from last year that said San Jose's quota and "outreach" program for awarding public contracts violated Proposition 209. This key test case is the first to take up the issue of what government conduct constitutes the kind of "preferential treatment" based on race or sex that California voters sought to prohibit. Ms. Browne and PLF client Steve Zinnel, CEO of Hi-Voltage Wire Works, Inc., will be available after the hearing to answer questions from the media. Her brief before the state Supreme Court is available on PLF's web site www.pacificlegal.org.

Pacific Legal Foundation

Headquartered in Sacramento, California, PLF opposes race and gender preferences, quotas, and set-asides in government employment, education, and contracting and is the main defender of Proposition 209 in the courts today.

Since winning its case against San Jose in the Court of Appeal, PLF has filed lawsuits in San Francisco (Cheresnik v. City and County of San Francisco); Sacramento (United Utilities, Inc. v. Sacramento Municipal Utility District); and Huntington Beach (Crawford v. Huntington Beach Union High School District). A recent survey conducted by PLF indicates numerous instances of Proposition 209 violations are occurring beyond these jurisdictions.