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The "Race-Neutral" Option for Local Government Contracting Programs
  • Alan C Weinstein, Cleveland State University
Document Type
Publication Date
  • minority business enterprises,
  • MBEs,
  • government,
  • municipal,
  • cities,
  • contracting,
  • construction,
  • local government,
  • race-conscious contracting programs
Despite the dismal record cities have compiled of late in defending their race-conscious contracting programs, this article seeks "to dispel the notion that strict scrutiny is 'strict in theory but fatal in fact.'" If a local government follows the course outlined above, and combines the ability to monitor and analyze all relevant contracting data with the enactment and implementation of a multi-faceted race-neutral program, it has laid a sound foundation for the subsequent enactment of race-conscious remedies that are narrowly-tailored to address statistically valid disparities in utilization of specific categories of MBEs that remain after the race-neutral program has been in operation for a reasonable period of time. Based on the standards established by the caselaw to date, such a narrowly-tailored race-conscious remedy should survive strict scrutiny.
Citation Information
Alan C. Weinstein, The "Race-Neutral" Option for Local Government Contracting Programs, Municipal Lawyer (November-December 2000)