The beginning of the end of government-sponsored discrimination in Charlotte

Thursday, Feb. 28, 2002

CHARLOTTE/ATLANTA: The Southeastern Legal Foundation today announced "complete victory" in its legal challenge against the City of Charlotte's Minority and Women Business Development (MWBD) program, which sets aside certain percentages of city contract work for minorities and women. U.S. Magistrate Judge Brent McKnight today signed a Summary Judgment Order requiring Charlotte to abandon its race-conscious construction contracting program in favor of one that is race- and gender-neutral and granting $300,000 in damages for United Construction Company, the plaintiff, plus attorney's fees.

"From today, the City of Charlotte will no longer be in the business of discriminating against its citizens," said Phil Kent, SLF President. "This is a victory not only for our plaintiffs and other contractors who do business with Charlotte, but also a victory for constitutional 'equal protection under the law,' a concept we should all hold sacred."

Valle Simms Dutcher, SLF General Counsel, and Lee Parks and Kevin Parsons of Parks, Chesin, Walbert & Miller, P.C., who served as co-counsel, hailed the case's outcome. "The judge's order, entered into voluntarily by the wise heads of city government and their legal counsel, draws to a close an era in which legal rights were secondary to political expediency," said Dutcher. "We view the outcome of this case as an opportunity for the City of Charlotte to develop legal, effective and race- and gender-neutral affirmative action programs rather than relying on illegal and divisive quotas that violate the Constitution and the rights of Americans," said Parsons. "The speed in which the city opted to dismantle its program and settle this case is also a tremendous victory for the taxpayers of Charlotte."

In February, Kent released a Special Report on Race-Neutral Alternative Programs, which describes legal affirmative action programs implemented by cities across the nation. "I trust we have provided a valuable blueprint for city officials to consider a host of legal options, all of which create a healthy business environment and provide better opportunities for local, small and minority-owned businesses in a legal manner," said Kent.

Kent also points out that SLF attorneys are researching the constitutionality of various state and local affirmative action programs in North Carolina.

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