Bay Area

To Boot Out Prop 209: Black Lawmakers Make Case for Affirmative Action in California

Published

6 years ago

May 6, 2020

Does California have a “legacy of unequal treatment” of minorities and women? That’s language from Assembly Constitutional Amendment 5 (ACA-5) introduced by Assemblymember Dr. Shirley Weber (D-San Diego) and Assemblymember Mike Gipson (D-Carson). Members of the California Legislative Black Caucus (CLBC) want their colleagues in the legislature to consider that question and examine whether affirmative action is the right response for redressing that history of inequality.

The Opportunity for All Coalition is a group that has formed in support of ACA-5, which would repeal Proposition 209.

In 1996 voters passed the controversial amendment to the state constitution. It banned discrimination or preferential treatment based on race or gender in public education, employment, and contracting.

“It’s been 24 years — 24 long years — since Prop. 209 was promoted as a civil rights initiative,” said Weber.

On May 1, the Opportunity for All Coalition held a virtual seminar. More than 100 people logged on to take part in a discussion about the ethnic disparities of the COVID-19 crisis. Coalition member and the Chair of the California State Board of Equalization, Malia Cohen, said data revealing that communities of color are disproportionately impacted by the coronavirus crisis highlights inequities in society and the need for affirmative action. A recent Centers for Disease Control and Prevention (CDC) report confirmed that death rates for African Americans and Latinos, “were substantially higher than that of white” people.

Coalition member Vincent Pan is the Co-Executive Director of Chinese for Affirmative Action (CAA). During the discussion he referenced recently-released California Department of Public Health (CDPH) data that showed Pacific Islanders and Native Hawaiians are also dying at a higher rate than their representation in the population. CDPH numbers show, as of April 30, 2,073 people have died in California from COVID-19.

Coalition members said Proposition 209 exacerbated disparities. While people from communities of color are more likely to be hospitalized for the virus, they’re less likely to have healthcare coverage and more likely to work essential service jobs. ACA-5 supporters also said this population is less likely to have access to public job opportunities, and women and small business owners who are Black or from other minority groups are less likely to earn government contracts. “Proposition 209 cost women- and minority-owned businesses $1.1 billion each year,” Weber said in a written statement.

Prop. 209’s impact on admission at California’s most competitive public universities has remained a flashpoint in public debate about the policy. Ethnic minority groups have mobilized on both sides “… with the intent to divide the various ethnic communities to fight over the scraps at the University of California,” said Weber at the March 10 press conference announcing ACA-5.

The movement against reestablishing affirmative action in the state is also virtual. “No On ACA-5″ is the name of a Change.org petition being circulated by a Silicon Valley-based Asian American group that campaigned to block past repeal efforts in 2014. As of May 2, more than 22,000 people have signed the petition. One supporter wrote that “race-based” policies are “unconstitutional” and are not fair to Asians.

The Asian American Coalition for Education (AACE) used similar language in a press release encouraging Californians to join the fight. The national organization known for accusing Harvard University of discriminating against Asians wrote: “ACA-5 will surely result in racial discrimination against Asian Americans in California.”

Groups opposed to ACA-5 argue that race-conscious policies favoring other groups take opportunities away from qualified Asian American students. In a written statement, the Opportunity for All Coalition said the state’s ban on affirmative action hurts everyone, citing a decrease in college-educated workers and lost wages.

“We can’t have shared success without shared opportunities to get ahead,” The Opportunity for All statement read. “We refuse to let the rich and powerful use race and lies to divide us when so much is at stake. We’re not going to rebuild a stronger California unless we come together to end discrimination and ensure real equal opportunity for all.”

The number of Asian students enrolled in the University of California (UC) system increased in the absence of affirmative action. While post Prop 209, Black, Latino, and Native American enrollment at UCLA and UC Berkeley dropped by 60 percent. The same UC Institutional Research and Academic Planning report found an overall decline in diversity.

Race-neutral programs targeting students from disadvantaged communities have helped to increase enrollment for some minority groups. The number of Latino students also increased as the population grew statewide. Still, African American enrollment at the UCs hasn’t rebounded. In the fall of 2019, Black students made up 3.8% of the student body system wide. Asian students made up 36% while accounting for about 15% of the state population.

UC research also finds a denial letter can derail a student’s life trajectory. Applicants shut out of UCs are less likely to earn a degree or high wages. This might help to explain some of the emotion driving the dispute that has gone before the nation’s highest court. The U.S. Supreme Court has upheld the use of affirmative action in college admissions only to achieve diversity. The Court also ruled that race cannot be the deciding factor in admission. California is one of eight states that has barred affirmative action altogether.

Opponents of the ban argue affirmative action is not preferential treatment. Instead, they say, it removes barriers. Supporters of ACA-5 say, in the absence of affirmative action, historically excluded groups are denied opportunities for upward mobility. They argue public organizations should reflect the communities they serve — and point to data that shows that diverse environments foster understanding and respect for others.

Though less often discussed, Prop. 209 has impacted public contracts and hiring for nearly a quarter of a century. “This law served as an impediment to state contracting, hiring and legislative policies addressing economic and social disparities experienced by women and people of color,” said Weber. One example is the state’s efforts to increase the number of Black and Latino teachers to address the achievement gap between Black and Latino students and their white and Asian peers.

In a statement appealing to Asian American business owners, CAA wrote, “repealing Proposition 209 would unlock billions of dollars in economic opportunities for Asian Americans and Pacific Islanders (AAPI) small business owners. In cities where affirmative action is legal, like Chicago or Atlanta, AAPI-owned businesses earn much more in public contracts than in San Francisco or Los Angeles.”

In addition to virtual meetings, the Opportunity for All Coalition is encouraging supporters to tweet Assemblymembers Ken Cooley (D-Rancho Cordova), Freddie Rodriguez (D-Pomona) and Patrick O’Donnell (D-Long Beach) to encourage the Democratic lawmakers to vote for ACA-5. It would take a two-thirds majority vote to repeal Proposition 209.

Opponents are working to stop the bill in its tracks. The campaign against affirmative action includes drumming up support mostly online and encouraging people to contact their state representatives.

Organizers on both sides say they’re fighting for equality. ACA-5 is set to be discussed Tuesday May 5 in committee when the state Assembly reopens for sessions this week. If the constitution amendment passes and meets all requirements by June 25, voters could once again have a chance to weigh in on a ballot measure in November that decides whether affirmative action is the right answer for California.

Due to the statewide stay-at-home order and guidance on physical distancing, seating for this hearing will be very limited for press and for the public. All are encouraged to watch the hearing from its live stream on the Assembly’s website at 10:00 a.m. https://www.assembly.ca.gov/todaysevents.

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Marin City Public Housing Residents Demand a Voice in County’s Renovation Plans

Representation has been a continuous struggle for the Residents Council, she said in an interview with the Post News Group. In 2014, the tenants took the county to federal court over this issue, and prevailed, resulting in an MOU that was in effect from 2014 to 2024, said McLemore. “Now, they are not responding to our rightful requests to participate. They are not giving us a legal justification for their position.”

Published

3 days ago

May 10, 2026

Oakland Post

The largest housing complex in Marin County, Golden Gate Village residents are for predominantly Black and low-income. Courtesy image.

Tenants say the County of Marin is ignoring federal law requiring resident council participation

By Ken Epstein

Marin City public housing residents say the County is illegally depriving them of their rights to participate in renovation decisions that affect the future of their housing, raising deep concerns over whether the county ultimately will find a way to displace them.

According to regulations established by the U.S. Department of Housing and Urban Development (HUD), Marin City public housing residents have the right to organize, elect resident councils, and hold public housing agencies accountable for involving them in management decisions.

Without resident participation, the Board of Housing Commissioners, made up of the five Marin County Board of Supervisors and two resident comissioners, has approved a $226 million project. The plan calls for renovation of the 296 units in Golden Gate Village (GGV) and focuses on interior improvements. The project is scheduled to start in July.

Residents’ concerns have a long history, said Royce McLemore, president of the Golden Gate Village Residents Council and a 50-year resident of Marin City,

With no current MOU mandating training and participation of residents, the legal basis for all the redevelopment decisions made by the county since 2024 is questionable, said Terrie Green, executive director of Marin City Climate Resilience. “We are experiencing voicelessness. If residents had a voice, we wouldn’t be where we are today,” she said.

County decisions include a plan, in line with federal regulations, to convert GGV from public housing to a public-private enterprise that allows for private investment. The Marin Housing Authority has created a limited partnership that includes Burbank Housing – which will renovate the units and manage the property – and Wells Fargo Bank, the investor.

This change in federal policy regarding public housing, which includes a shift to a Section-8 voucher system, has resulted in gentrification across the country, particularly affecting African Americans in cities such as San Francisco.

Shifts in criteria of what is considered affordable could also end up pricing residents out of their living units. At present, low income in Marin County is officially considered $156,000. But the median household income in Marin City is significantly lower at $68,846.

Damian Morgan, a community advocate with Marin City Climate Resilience, questioned why the county is renovating apartments without fixing toxic infrastructure that is impacting the lives of people in GGV.

Morgan said tenants have filed a class action lawsuit because of unsafe conditions at Golden Gate Village.

Residents are also concerned that the County still does not have an adequate family plan for temporary displacement while their apartments are being renovated. Although the County has suggested other community apartments as alternatives, nothing concrete has developed except vacant public housing units that have the same toxic conditions, such as mold and mildew.

Green said it doesn’t make sense. “…Why are we moving people around into temporary housing that’s uninhabitable, when you should be dealing first with the infrastructure, the foundational work, replacing old and rusted water pipes and new sewers.”

Morgan questions the County’s motivation for neglecting infrastructure repairs. “They’re remodeling the units but leaving the decayed infrastructure in place. I feel like they’re just setting this up for it to fail.”

“What slowed it down a little is that GGV is a historic preservation district, but I think what they’re striving for is demolition by neglect,” he said. “The neglect has always been on their part.”

Architect Ora Hatheway said her concern is about cutting corners. “You have to deal with the land issues. You have to deal with grading and drainage, and that’s being brushed under the rug.”

In an interview with KGO TV, Marin County Supervisor Stephanie Moulton-Peters responded to some of these concerns. She said residents are guaranteed the right to return to their homes.

“This is a concern that we take seriously,” she said. “Every resident will move back into their own unit, and we’ve given this to them in writing. Before they leave their unit, we will sign a document together that guarantees their right to return.”

In response to residents who feel left out of the planning process, she said community input has focused on those affected by the first phase of the project. “So other residents may not have heard quite as much or felt like they had as much contact. But if there are residents who have concerns, we’re happy to hear from them. You can contact my office or the housing authority directly,” she said.

While County leaders may be giving some updates to some tenants, they are not sitting at the table with the Residents Council nor giving residents a voice in decision-making, said McLemore.

Without a voice in decisions, tenants are worried that Black people may be forced out of public housing, resulting in gentrification, she said in an interview with ABC 7. It’s still paternalistic, she said. “It’s still that ‘We know what’s best for you.’’’

Several years ago, the Residents Council proposed a land trust plan that would give tenants homeownership rights. Though the plan had broad support throughout the county, it was rejected by the Board of Supervisors

In the final analysis, Green said, for Marin City tenants the fight is not just for decent housing but to maintain their community with dignity under conditions of mutual respect.

“We’re talking about people who came here to work in the shipyards during World War II to bring about peace and safety to this country,” she said. “Look at the discrimination we’ve faced down through the years. Look at the life-span issue of Marin City folks – almost 20 years less than the rest of the County.”

“We want educational equity so our children will have decent schools. We need a land trust, property ownership, so we can have wealth creation. Marin City needs the same quality of life as other communities in Marin County.”

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Oakland Post: Week of May 6 – 12, 2026

The printed Weekly Edition of the Oakland Post: Week of may 6 – 12, 2026

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3 days ago

May 10, 2026

Oakland Post

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On the Frontlines of Hate: NAACP Links Victims to Critical Support

The NAACP CA/HI has a long and well-established record of supporting victims of discrimination and hate crimes — providing critical referrals and, when necessary, direct assistance through legal advocacy and other forms of support. Beyond responding to incidents, the organization continues to advocate on broader civil rights issues, including voting rights and legal protections. It has also worked to counter efforts at the state and federal levels that could weaken the voting power of communities of color.

Published

2 weeks ago

May 1, 2026

Oakland Post

NAACP members at a recent advocacy day in Sacramento urging lawmakers to protect voting rights. Photo courtesy of California Black Media.

By Joe Kocurek
California Black Media

The California/Hawaii State Conference of the NAACP (CA/HI NAACP) has expanded its efforts to respond to rising hate incidents and civil rights complaints across California, supported in part by funding from California’s Stop the Hate Program

Through that grant, NAACP CA/HI has strengthened its ability to connect individuals experiencing hate or discrimination with critical resources. This includes referring those who file complaints to the CA vs Hate hotline, a statewide, non-emergency hate crime and incident reporting hotline and online portal created to help counter a more than 50% increase in reported hate crimes in California between 2020 and 2024. The system helps ensure incidents are documented, and victims are guided toward appropriate support.

LaJuana Bivens says the work of NAACP is as urgent as ever. Photo by Regina Wilson, California Black Media.

LaJuana Bivens, who has served in a number of roles within the NAACP, said California has seen an increase in civil rights violations and hate-related incidents.

“We have 52 branches, and they are constantly receiving complaints,” she said. “So, without the Stop the Hate, we would not be able to refer those cases up to attorneys at the state level. A lot of the people would not have had an opportunity to be heard.”

Carmen-Nicole Cox helps survivors of hate with their legal options. Photo courtesy of Carmen-Nicole Cox.

Carmen-Nicole Cox, an attorney who works with NAACP CA/HI – as a part of California’s Stop the Hate Program – provides legal consultation to victims of hate incidents and discrimination through her legal practice, the Cox Firm for Law and Policy.

She said the complaints she receives span a wide range of issues.

“People are having home builders and landlords refusing to provide repairs, a student was denied promotion in an academic program, and targeted scrutiny at work,” she said. “It’s typically employment; it’s housing; it’s education.

“We’ll meet and they’ll share their experiences,” she said. “And then I make assessments about possible legal claims.”

According to the California Civil Rights Department (CRD), nearly 1,200 reports of hate against minority groups were submitted in 2024 through the CA vs Hate hotline and online portal for non-emergency incidents.

While the California/Hawaii State Conference of the NAACP, which has tens of thousands of members, does not directly investigate hate incidents or crimes, it plays a key role in connecting victims to the state’s reporting systems and support services.

Beyond responding to incidents, the organization continues to advocate on broader civil rights issues, including voting rights and legal protections. It has also worked to counter efforts at the state and federal levels that could weaken the voting power of communities of color.

Bivens recently traveled to Sacramento to speak with state lawmakers about voting rights during an advocacy day event hosted by the organization.

“It’s just so hard for communities of color to be up to date because of all of the confusing information coming from the federal level,” she said. “I love our great state of California because here it is possible to vote by mail and to vote early.

“And I’m seeing that trying to be eroded. So, I’m here to urge continued support for vote by mail and early voting.”

When Texas moved to redraw congressional districts in ways critics said would dilute minority voting strength, NAACP CA/HI supported the passage of Proposition 50 in California. The organization also intervened in United States v. Shirley Weber, where federal officials sought access to unredacted California voter records, including Social Security numbers, raising concerns about misuse and voter intimidation.

Cultivating the advocacy and leaderships of young people is central to NAACP’s mission to fight racism and dismantle inequality. Photo courtesy of California Black Media.

A federal district court dismissed that case in January 2026.

The organization’s current work builds on a long history of civil rights advocacy. Today, Bivens says, the organization’s mission remains as urgent as ever.

“We are the oldest, boldest, most feared Civil Rights organization,” Bivens said. “What we do every day is fight for better housing, education, economic development and political inclusion. We take it on because there are just so many people who need that support.

“You would be amazed that our phones ring every single day.”

Get Support After Hate:

California vs Hate is a non-emergency, multilingual hotline and online portal offering confidential support for hate crimes and incidents. Victims and witnesses can get help anonymously by calling 833-8-NO-HATE (833-866-4283), Monday to Friday, 9 a.m.–6 p.m. PT, or online at any time. Anonymous. Confidential. No Police. No ICE.

This story was produced in partnership with CA vs Hate. Join them for the first-ever CA Civil Rights Summit on May 11. More information at www.cavshate.org/summit.

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