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MALABED v. NORTH SLOPE BOROUGH

No. S-9808.

70 P.3d 416 (2003)

Robert MALABED, Plaintiff-Appellee, v. NORTH SLOPE BOROUGH, Defendant-Appellant. Morris David Welch, Plaintiff-Appellee, v. North Slope Borough, Defendant-Appellant. Charles Michael Emerson, Plaintiff-Appellee, v. North Slope Borough, Defendant-Appellant.

Supreme Court of Alaska.

May 16, 2003.

Attorney(s) appearing for the Case

William B. Schendel, Schendel & Callahan, Fairbanks, and Kenneth L. Covell, Law Offices of Kenneth L. Covell, Fairbanks, for Plaintiffs-Appellees.

David C. Crosby, David C. Crosby, P.C., Juneau, for Defendant-Appellant.

Robert A. Royce, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Amicus Curiae Alaska State Commission for Human Rights.

David S. Case, Landye Bennett Blumstein, LLP, Anchorage, for Amicus Curiae Alaska Federation of Natives.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

The United States Court of Appeals for the Ninth Circuit certified a question to this court, asking whether a North Slope Borough ordinance enacting a hiring preference in favor of Native Americans violates state or local law. Article I, section 1, of the Alaska Constitution provides that "all persons are equal and entitled to equal rights, opportunities, and protection under the law." This provision...

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