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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.

Ebone Monet

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“Victory” for Voting Rights: Weber and Bonta Hail Judge’s Decision on Huntington Beach I.D. Law

“Today’s victory makes one thing crystal clear: No city in our state, charter and non-charter alike, is above the law,” Bonta said. “All along, Secretary of State Weber and I have maintained that Huntington Beach’s voter ID policy is illegal, and now, the state’s highest court has weighed in and agreed with us. Measure A won’t be taking effect — ever.”

Published

12 hours ago

February 9, 2026

Oakland Post

iStock.

By Bo Tefu, California Black Media

California Attorney General Rob Bonta and Secretary of State Shirley N. Weber hailed a major legal victory for voting rights after the California Supreme Court declined to review a challenge brought by the City of Huntington Beach against the state, effectively ending the city’s attempt to impose voter identification requirements in municipal elections.

The high court’s action leaves intact a Fourth District Court of Appeal ruling that struck down Huntington Beach’s voter ID law, known as Measure A, finding it unlawful and preempted by state law. By rejecting the city’s petition for review, the Supreme Court has fully resolved the case in favor of the state, concluding litigation initiated by Bonta and Weber on April 15, 2024.

Measure A amended the Huntington Beach city charter to purportedly authorize voter identification requirements at polling places for municipal elections beginning in 2026. State officials argued the measure conflicted with California election law and was adopted without evidence of voter fraud in the city. Courts at every level agreed, rejecting the city’s claims that such requirements were necessary to protect election integrity.

Bonta also criticized city leaders for promoting unfounded concerns about election security. “Huntington Beach’s leaders have been parroting the Trump Administration’s talking points by questioning the integrity of our elections,” he said. “In court, the City’s allegations were resoundingly rejected. I remain fully committed to protecting the right to vote from baseless attacks.”

Weber emphasized the broader implications of the ruling for voters statewide.

“Today the California Supreme Court declined to review the Fourth District Court of Appeal’s decision prohibiting the City of Huntington Beach from implementing illegal voter identification requirements,”

Weber said. “As California Secretary of State, I have a responsibility to ensure that every eligible Californian can exercise their constitutional right to vote, and I take that duty seriously.”

Weber added that state law clearly supersedes local efforts to impose additional voting barriers.

“Attorney General Bonta and I have held steadfast that state law preempts the City’s attempts to impose illegal voting requirements on eligible voters and that Huntington Beach’s Measure A is unlawful,” she said. “This is another victory for California, for voters, and for democracy.”

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Can You Afford a Mortgage but Not the Down Payment? Dream For All Offers Up to $150K

Duvernay-Smith’s journey exemplifies the transformative potential of Dream For All, a program designed to help first-generation homebuyers across California. Applications will open on Feb. 24, and close on March 16. The program uses a random selection process to ensure equitable access, and Gov. Gavin Newsom’s office has directed that a minimum of 10% of funds go to applicants in Qualified Census Tracts — communities that historically faced discriminatory or unfair barriers to home ownership.

Published

13 hours ago

February 9, 2026

Oakland Post

Tiffany Duvernay-Smith.

By Tanu Henry, California Black Media

Tiffany Duvernay-Smith went from knowing the harsh realities of homelessness to owning her first home – made possible by the California Housing Finance Agency’s (CalHFA) Dream For All program, which is reopening applications this month with up to $150,000 in down payment assistance for first-generation buyers.

“I feel like I was the least likely person,” says Duvernay-Smith, who is Coordinator for the Los Angeles Homeless Services Authority’s Lived Experience Board, a published journalist, artist and outspoken advocate for unhoused people, people living with disabilities and domestic violence survivors.

“I didn’t know my story would change from homeless to homeowner,” she added. “But if there’s a house with your name on it, nothing can stop you.”

Duvernay-Smith’s journey exemplifies the transformative potential of Dream For All, a program designed to help first-generation homebuyers across California. Applications will open on Feb. 24 and close on March 16. The program uses a random selection process to ensure equitable access, and Gov. Gavin Newsom’s office has directed that at least 10% of funds be allocated to applicants in Qualified Census Tracts—communities that have historically faced discriminatory or unfair barriers to homeownership.

For eligible participants, the program provides up to 20% of the home’s purchase price or appraised value as down payment assistance, capped at $150,000.

CalHFA expects to make $150 million to $200 million available in 2026, potentially helping 1,000 to 1,500 families, with a total of approximately 2,000 households supported through the 2025–26 budget allocation of $300 million.

The program is particularly impactful for Black Californians, who continue to face the highest rates of homelessness across the state and significant barriers to homeownership due to decades of discriminatory housing policies and wealth inequities.

“Black Californians continue to face some of the widest homeownership gaps in the state,” says Regina Brown Wilson, Executive Director of California Black Media. “Programs like Dream For All are critical because they directly address generational inequities.”

Wilson spoke during an online news briefing on Jan. 30 that featured Eric Johnson, information officer in CalHFA’s Marketing and Communications Division, and Shonta Clark, senior loan consultant and CalHFA program educator, home counselor, and broker in Southern California.

“There are a lot of people in California with steady jobs, good incomes, and strong credit scores – but who haven’t been able to save the five or even six figures needed for a down payment on a home,” says Johnson. “That’s exactly what Dream For All is designed to address.

Eligibility requirements focus on first-generation homebuyers—those who have not owned a home in the past seven years and whose parents do not currently own one. CalHFA defines a “first-time homebuyer” as someone who has not owned and lived in their own home in the past three years. Foster youth are automatically considered first-generation homebuyers, reflecting the program’s commitment to reaching Californians who have faced systemic barriers, CalHFA says.

Applicants must work with CalHFA-approved lenders and provide standard documentation such as government-issued IDs and parental information.

Johnson encourages applicants to remain optimistic.

“Take the first step. Despite high interest rates and high prices, it is still possible to buy your first home in California. Believe in yourself and know that homeownership is meant for you,” says Johnson.

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Art of the African Diaspora Celebrates Legacy and Community at Richmond Art Center

Published

13 hours ago

February 9, 2026

Oakland Post

‘Be Still...’ by Virginia Jourdan is on display at the Richmond Art Center (RAC), in Richmond, CA. Photo by Carla Thomas.

By Carla Thomas

The 2026 Art of the African Diaspora exhibition is on display at the Richmond Art Center (RAC) through March 14. The one-room gallery bursts with more than 100 works – paintings, photographs, sculptures, and mixed-media pieces – each affirming the power, beauty, and vitality of cultural expression across the African diaspora.

Now in its 29th year, Art of the African Diaspora is the Bay Area’s longest-running exhibition of its kind. Its roots stretch back to 1989, when artist and educator Marie Johnson Calloway founded Colors of Black, a salon for African American artists. That gathering inspired artists Jan Hart-Schuyers and Rae Louise Hayward to establish The Art of Living Black at the Richmond Art Center in 1996. Their vision was to showcase the creativity of emerging and established Black artists, bridging communities and widening access to audiences historically excluded from mainstream art spaces.

Over the decades, that founding vision has expanded and evolved, carried forward by artists, family members, and the Richmond Art Center after the loss of Hart-Schuyers and Hayward. In 2018, a new generation of artists formed a steering committee to organize the event; a year later, the exhibition was renamed Art of the African Diaspora to embrace the broader global connections of people of African descent.

The new name reflects not only a broader cultural lens but also an empowered community network that supports artists across the Bay Area. As part of this year’s programming, RAC will host ‘Art of the African Diaspora: Public Art in Our Communities,’ a free panel on Sat., Feb. 21, from 12 to 1:30 p.m. Artists Kristine Mays, James Moore, and Malik Seneferu will join arts administrator Denise Pate for a conversation on the impact and process of public art. The discussion will be moderated by longtime arts advocate and producer Flo Wiley.

Each panelist brings a distinctive voice to the conversation. Mays, known for her ethereal wire sculptures that capture movement and spirit, has exhibited internationally and is represented in collections ranging from the Smithsonian to the Crocker Art Museum.

Sculptor and painter James Moore creates abstract metal works and colorful field paintings that explore movement, balance, and emotion. His recent public art installations include large-scale pieces in Richmond’s Shields-Reid Park. Malik Seneferu, a self-taught San Francisco native, has built a large body of work celebrating African American life through vibrant murals and expressive figurative art.

Representing the institutional side, Denise Pate oversees public arts investments as director of Community Investments at the San Francisco Arts Commission, advancing racial and cultural equity through funding and advocacy. Together, these artists and administrators will trace how public art emerges, from concept to community collaboration, and why it matters.

The Art of the African Diaspora exhibition runs through March 14 at the Richmond Art Center, 2540 Barrett Ave., Richmond. The center is open Wednesday through Saturday from 10 a.m. to 4 p.m. Admission and programs are free and open to the public.