HI-VOLTAGE WIRE WORKS v. CITY OF SAN JOSE

No. H018407.

84 Cal.Rptr.2d 885 (1999)

HI-VOLTAGE WIRE WORKS, INC., et al., Plaintiffs and Respondents, v. CITY OF SAN JOSE, et al., Defendants and Appellants.

Court of Appeals of California, Sixth District.

Review Granted September 1, 1999.


Attorney(s) appearing for the Case

Joan Gallo, City Attorney, George Rios, Assistant City Attorney, Glenn D. Schwarzbach and Robert Fabela, Deputy City Attorneys, Attorneys for Defendants and Appellants.

Sharon L. Browne, Deborah J. LaFetra and Mark T. Gallagher, Sacramento, Attorneys for Plaintiffs and Respondents.

Morrison & Foerster, Alan Cope Johnston, Su W. Hwang, Cynthia L. Lopez, Katherine A. Zonana and Sharyn K. Funamura, Palo Alto, Attorneys for amici curiae United Minority Business Entrepreneurs and Santa Clara County Black Chamber of Commerce on behalf of Appellants.

Louise H. Renne, City Attorney, Mara E. Rosales, Ellen M. Forman and Teresa L. Stricker-Croley, Deputy City Attorneys, Attorneys for amici curiae City and County San Francisco on behalf of Appellants.

Moscone, Emblidge & Quadra and G. Scott Emblidge, San Francisco, Attorneys for amici curiae Counties of Alameda and Marin, and Cities of Albany, Berkeley, Los Angeles, Oakland, Redlands, Sacramento and San Pablo on behalf of Appellants.

Beth H. Parker, Attorney for amicus curiae Equal Rights Advocates on behalf of Appellants.

Eva J. Paterson, San Francisco, and Oren Sellstrom, Attorneys for amicus curiae Lawyers' Committee for Civil Rights of the San Francisco Bay Area on behalf of Appellants.

Edward Chen, Attorney for amicus curiae American Civil Liberties Union Foundation of Northern California on behalf of Appellants.

William McNeill, III and Julian Gross, San Francisco, Attorneys for amicus curiae Employment Law Center on behalf of Appellants.


ELIA, J.

California Constitution, article I, section 31, added by Proposition 209 in November 1996, prohibits governmental entities from discriminating against or granting "preferential treatment" to any individual or group based on race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. At issue in this case is a municipal program designed to increase participation by minority and women businesses...

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