Columbus, OH – On Thursday, The Buckeye Institute sent a demand letter to Cleveland calling for the city to end its numerous, unconstitutional, and discriminatory race-based contracting programs and requirements. The Buckeye Institute informed Cleveland that its programs and practices violate the Fourteenth Amendment of the U.S. Constitution and several U.S. Supreme Court decisions.

“It has now been more than a year since the city of Cleveland publicly recognized that it must abandon its unconstitutional race-based programs,” said David C. Tryon, director of litigation at The Buckeye Institute. “Failure to end these discriminatory programs leaves the city open to legal action, and The Buckeye Institute stands ready to assist any individual or business denied access to any contracting opportunities based on race.”

Cleveland maintains several unconstitutional, race-based programs and requirements for contractors wishing to do business with the city.

• The Minority Business Enterprise (MBE) program certifies companies based on the race of business owners.
• Cleveland awards race-certified MBEs a five percent race-based bid discount when evaluating contract bids.
• Cleveland requires each contracting office in city government to “use its best efforts to utilize certified MBEs…as Contractors or subcontractors for all contracts more than fifty thousand dollars.”
• Cleveland requires contractors to establish and implement an “affirmative action plan” that can only be waived by the mayor.
• To participate in Cleveland’s Community Benefit Agreement program, applicants are required to expend a certain percentage of project costs through racially-certified MBEs.

In its demand letter, The Buckeye Institute urged Cleveland to abandon its unconstitutional programs and take the following actions:

• The Office of Equal Opportunity should cancel all contract solicitations currently open for bidding or under evaluation that contain MBE set-asides or otherwise discriminate on the basis of race.
• The Office of Equal Opportunity should inform all developers and others subject to MBE goals or requirements pursuant to a Community Benefit Agreement that Cleveland will not enforce its unconstitutional goals or requirements.
• Cleveland City Council should repeal city ordinances that require the city to discriminate on the basis of race.
• Cleveland should end its MBE-related set-aside and related programs. 

These actions are in accordance with recent U.S. Supreme Court decisions and reaffirm that if individuals of different races “are not accorded the same protection, then [a program] is not equal.”

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