j High court strikes down i Richmond set-aside program ? . > By JAMES H. RUBIN v Associated Prsss Wrltsr WASHINGTON (AP) - The Supreme Court, dealing a serious blow to some forms of affirmative action, earlier this week struck down a Richmond, Va .? program aimed at helping construction 1' industry businesses owned by ^minorities. By a 6-3 vote, the court ruled /yifte plan is an unlawful form of : ; reverse discrimination. Justice Sandra Day O'Connor, : j writing for the court, said, "Under > ; Richmond's scheme, a successful * black, Hispanic or Oriental entrepreneur from anywhere in ? the country enjoys an absolute preference over other citizens ; based solely on their race." "We think it obvious that such a program is not narrowly tailored .' to remedy the effects of prior dis " crimination," she said. The Richmond plan would ; require the prime contractor on r ; any city building contract to sub ; contract at least 30 percent of the value of the project to firms that ?' are at least one-half minority owned. , ; O'Connor said, 'The 30 percent ~ quota cannot be said to be narrow ; ly tailored to any goal, except per * haps outright racial balancing. It : rests upon the completely unreal istic assumption that minorities ?; will choose a particular trade in ; ; lockstep proportion to their repre sentation in the local population." ; : The ruling is expected to have ; far-reaching impact on the use of : so-called set-aside programs by ? > states and cities. Most states and more than 190 !? local governments have such pro ?- grams, according to a study by the *: Minority Business Enterprise ;? Legal E)efense Education Fund. ? In California, a state laweffec ; tive this month requires all state ;; contractors to use best efforts to subcontract at least 15 percent of 'I the project to firms controlled by \ minorities and 5 percent to firms controlled by women. * Deputy Attorney Cdftferal Mari an Johnston said that the law dif :J"fers from the Richmond program in one important respect: "Itestab *1; lishes goals, not monetary require :j ? ments." But she said today's ruling '^-whether it would invalidate the state measure. ? Attorney John Findley of the Pacific Legal Foundation said the high court's ruling could apply to the California law because the state, like Richmond, has not jus ? tifled the law with findings of past ;? discrimination. > 'This is not a response to past ? discrimination. This is pure pork >' barreling," said Findley, whose >? suit last year challenging the law J: on behalf of the Associated Gen eral Contractors of California was / ; dismissed as premature. He said >: the suit is likely to be revived.< The high court in recent years has upheld key affirmative action programs in other areas, although < always by narrow margins and v. with no clear consensus on how to evaluate their lawfulness. In a stinging dissent today, Jus tice Thurgood Marshall said the Richmond ruling "marks a delib erate and giant step backward in this court's affirmative action jurisprudence. Cynical of one municipality's attempt to redress the effects of past racial discrimi nation in a particular industry, the majority launches a grapeshot attack on race-conscious remedies? in general." MarshaH said the "harsh reality" of today's ruling will be to dis courage or prevent cities and states from "acting to rectify the scourge of past discrimination." He was joined by Justices William J. Brennan and Harry A. Blackmun. O'Connor drew a distinction between Richmond's plan and one enacted by Congress that the court upheld in 1980. The congressional plan required 10 percent of federal public works contracts be ear marked for minority-controlled businesses. , O'Connor said Richmond offi cials are not entitled to rely on a finding by Congress that there has been nationwide discrimination in the construction industry. Also, O'Connor said, the con gressional serast^ excusediocai governments from complying under certain conditions. Finally, she said, Congress has I unique powers "in making a find ing that past discrimination would cause federal funds to be distribut ed in a manner which reinforced prior pattenrs of discrimination." "While the states and their sub divisions may take remedial action when they possess evi dence that their own spending practices are exacerbating a pat tern of prior discrimination, they must identify that discrimination, public or private, with some specificity beforr than may use race-conscious relief," she said7 The Richmond plan was chal lenged by building contractor J.A. Croson Co. after it lost a city con tract to install stainless steel uri nals and water closets at the city jail. Croson did not include a minority-owned business as a sub contractor. Richmond officials adopted the affirmative action plan in 1983. While the jrninori ties named in the plan included Hispanics, Orien tals, Indians, Eslcimos and Aleuts, the primary beneficiary would have been blacks. Richmond's population is about half black. But the city's minority owned businesses historically received less than 1 percent of the value of the city's public building contracts. This ruling upheld a decision by the 4th U.S. Circuit Court of Appeals based in Richmond. A coalition of groups represent ing local and state governments had said striking down the Rich mond plan would reopen old wounds and discourage affirma tive action if it means govern ments first must admit past dis crimination before adopting reme dial programs. The case is Richmond vs. Cro son, 87-998. | Speaker From Page A2 with HIV. You can. If you do, it's because you think enough of yourself to take the precautions. If you don't get infected it will be because you decided that your life, your health, your future, your potential are more valuable than today or this relationship, or the next 15 minutes or this weekend. Only through that kind of commit ment will anybody stay safe." To overcome the fear and dis crimination people associate with AIDS victims Keeling told audi ence members,., "...we need to remember.. .that people with AIDS, and there will be people in our lives, need from us not our scorn or our judgement. What they need from us is the same thing that human beings with any other problem would need." CLASSIFIEDS GET RESULTS! CALL 722-8624 TODAY AND SEE FOR YOURSELF! Associated Press Laser Photo Press Secretary Anna Perez, 37, a press aide to Rep. John Miller, R-Wash., recently confirmed that she will become first lady Barbara Bush'rpress secretary. Thursday, January 26, 1989 Winatno-S&km Chronicle Page A3 RACK ROOM SHOES at trre Marketplace 2101 Peters Creek Parkway % PRE-INVENTORY THURS., FRI. AND SAT. ONLY! YES-TAKE ro' s AN EXTRA 15% OFF LADIES' LOW, LOW WINTER SALE PRICES WITH THIS COUPON z 2 TAKE AN - E-X-T-R-A 3 GC OFF* ALL LADIES' WINTER SALE PRICES ON SHOES, BOOTS. I HANDBAGS & ACCESSORIES^ |J300D 1-26 thru 1-28 ('Except Nike & Reebok) 3 BIG DAYS TO SAVE! J DOWN GO THE PRICES! UP GO THE VALUES / TOTAL LIQUIDATION 37 BRADLEE'S STORES IN 4 STATES ARE CLOSING FOREVER! 1 mooo.ooo COMBINED ALREADY DISCOUNTED INVENTORY] T ?nseS ce sa\fed- a*e ?d\ee5 e BraO' ^ , t S\0C* vS > . * ALL THE BEST BRANDS! LOOK! Lee, Wrangler, Mantia+tSn'. Wilson, Hoov^L^SerKo^''* GE, Gi'^'O. f* ? "" -nan, Spaulding. . ^,eiKo, Jordache, Cape Cod. -..u, Sunbeam, Sergio Valente, Sharp, oony. Sanyo, Tmx. Brother, AT&T. Tin? Casio. Cannon, St. Mary's, Ci*; Yamaha. Proctor-Sile* '* Black & Decfc** Rem"-' _??? . NOTHING I LESS THAN | 30% OFF! r//l m Regardless of prior markdowns /yOof 25%, 33 1/a % , ^ Jeven 50%, you'll \ find all over the \ ?1.H store, our cashiers! ?r Swill deduct 30% off \ rjour lowest marked sale price! <9 * Our leased service J= and shoe departments are not going out of {? business, but are offer M ing equally outstan ding values. B Fixtures and store ? equipment for sale in ( selected stores. See g manager for details. c\tar?"c* s#tton but currtn jnverv t0 4 ?rtct tag? discounts ? a i , Timex, , a. Clairol, Conair. ^.-oiiex, Wear Ever. Presto meeker, Hamilton Beach. mington, Regina. Revere Wi '<3rp ? ]*|k t I I JC \ ?, ? I \ \ A/E REGRf r FOR THIS SALE All items must be subjec; TO PRIOR SAl I f IRST f,OM[ FIRST SERVED Ai i SAt ES j ARE FINAL NOTHING WILL BE SPARED Clothing for Men, Women, and Children, toys, hardware, housewares, domestics, bicycles, photo, footwear, small ap pliances, vacuums, jewelry, televisions, vcr's, stereos, disc players, telephones, sporting goods, china & glass, keyboard, cookware, tableware, lamps, gifts, baby needs, health and beauty aids, luggage, automobile supplies, & More! CREDiT CARDS ACCEPTED I MASTERCARD, visa. DISCOVER & AMERICAN EXPRESS OVE R $15.00 WELCOME. WE Rt OR! t NO checks I MHADl E \ S (.MARGES' mi a Bmilm VAILABLE AT THE LISTED LOCATION ONLY Greensboro Stones Throw Crossing Shopping Center end Westrldge Square Shopping Center

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