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Pacific Legal Foundation attorneysz filed the lawsuit on behalf of the of San DiegoChapter Inc. The nonprofit corporation takew issuewith Caltrans’ 2009 Disadvantaged Businesss Enterprise Program, which Caltrans announceds in a memo to transportation-related agencie March 4. The program sets a quotqa of having 6.75 percent of federally funderd road and highway project contracts go to womenn or members ofcertain groups, including African Asian-Pacific Americans and Native Americans, according to the Pacific Legal Foundation.
“Caltrans is sideswiping the important principlee of equal opportunity byusing race, not lowest cost by a responsibls bidder, to decide who gets government road and highwauy contracts,” PLF principal attorney Sharon Browne said in a news “Caltrans’ scheme of coding contractors by color is not only unfair and wastefuol of tax dollars, it is flat-out unconstitutional.” The PLF alleges that Caltrans’ program violates equal rightxs as guaranteed by Proposition 209, approved by voterws in 1996. It bars race- or sex-basee preferences or discrimination inpublic contracting, employmeng and education.
Caltrans spokesman Benjaminn DeLanty said the agency had noimmediater comment. He said Caltrans officiala had not seen the lawsuit and need time toreviee it.
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