SAN DIEGO - Caltrans is violating the U.S. and state constitutions with a program that uses race- and sex-based quotas in awarding contracts on federally funded projects, according to a lawsuit filed Thursday on behalf of a San Diego contractors group.
The suit was filed in federal court in Sacramento by Pacific Legal Foundation attorneys on behalf of Associated General Contractors of America, San Diego Chapter.
At issue is Caltrans' 2009 Disadvantaged Business Enterprise Program, or DBE. On projects that receive federal funds, Caltrans sets a quota of having 6.75 percent of contracts go to women or members of targeted group -- African- American, Asian-Pacific American, and Native American, but not Latinos or other groups.
Caltrans spokesman Benjamin DeLanty said Caltrans has not seen the lawsuit and could not comment on it until that happens.
But he said the DBE attainment has been between 3 and 4.6 percent for quite some time -- far short of the goal of 13.5 percent. In an effort to boost participation, on March 30, Caltrans began including a DBE goal in advertised contracts for all federally funded projects.
The Federal Highway Administration supports the action taken by Caltrans, DeLanty said.
He said Caltrans has continued to seek and implement -- to the maximum extent feasible -- the use in the DBE program.
The lawsuit claims Caltrans' quotas are invalid under the U.S. Constitution. Under the Equal Protection Clause, race- and sex-based preferences are allowed only to address clear evidence of discrimination, and Caltrans has not supplied such evidence, the lawsuit claims.
The suit also alleges that Caltrans' quotas are invalid under the California Constitution because the quotas are not narrowly tailored to respond to specific, identified discrimination.
Also, Caltrans cannot demonstrate it will lose federal money if it does not implement quotas, the lawsuit claims.
