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

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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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Ebone Monet

California Black Media
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Activism

At the event, 16 entities signed the EIP pledge, vowing to take steps to increase public contracting opportunities in their spheres for small and historically underutilized businesses.  The pledge signees included Hub International, the Port of San Francisco, the San Francisco Public Utilities Commission, California High-Speed Rail Authority, the Port of Oakland, Robert Graham of Webcor Builders, Holder Construction, the Weitz Company, Sky Blue Builders, Hornblower, Swinerton, Luster National, Talson Solutions, Center for Community Wealth Building, and the Construction Contractors Alliance.

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Toks Omishakin, secretary of the California State Transportation Agency, was one of the speakers at the event. Photo by Shellee Fisher Photography and Design.
Toks Omishakin, secretary of the California State Transportation Agency, was one of the speakers at the event. Photo by Shellee Fisher Photography and Design.

By Calvin Naito, Special to The Post

On June 4, a national nonprofit named the Equity in Infrastructure Project (EIP) – which aims to increase public construction contracting opportunities for small and historically underutilized businesses – held a day-long event in downtown San Francisco to rally supporters and build momentum to its cause.

It was attended by more than 100 individuals from public agencies, private firms, and other organizations committed to increasing contracting opportunities with governmental agencies, thereby creating more competition and lowering public costs.

The EIP event was held the Hyatt Regency San Francisco in conjunction with BuildIT, which aims to increase contracting opportunities for LGBT-owned businesses.

At the event, 16 entities signed the EIP pledge, vowing to take steps to increase public contracting opportunities in their spheres for small and historically underutilized businesses.

The pledge signees included Hub International, the Port of San Francisco, the San Francisco Public Utilities Commission, California High-Speed Rail Authority, the Port of Oakland, Robert Graham of Webcor Builders, Holder Construction, the Weitz Company, Sky Blue Builders, Hornblower, Swinerton, Luster National, Talson Solutions, Center for Community Wealth Building, and the Construction Contractors Alliance.

Following the workshop, BuildIT hosted a VIP evening reception honoring EIP, whose principals – Phil Washington, John Procari, and Rick Jacobs – accepted the award.

The event also set in motion the coalition’s efforts to implement recommendations from EIP’s “Procurement for Prosperity: A Playbook.”

The Playbook is a practical guide for public agency leaders and procurement and contracting practitioners to grow the capacity of small and first-time contractors, strengthen competition, and deliver better value for taxpayers.

Toks Omishakin, Secretary of the California State Transportation Agency (CalSTA), a long-time EIP supporter, also told attendees, “This is about commitment.  This has been a life’s work. This is a tailwind moment.”

The event’s presenting sponsor was Hub International, one of the largest insurance brokerages in the nation, which was joined by partners Travelers Insurance and the State Compensation Insurance Fund.

After the pledge-signing ceremony, attendees participated in a workshop in which they examined the policies, practices, and programs needed to meet EIP goals, learned from practitioners, and identified next steps toward utilizing the Playbook.

Ingrid Meriwether, formerly of Merriwether & Williams Insurance Services (MWIS) and current president of Hub International’s Aligned Risk Management, MWIS, described the hard-fought lessons she and her MWIS team have learned over the last three decades administering contractor development programs (CDPs) for the City and County of San Francisco, Alameda County, City of Los Angeles, LA Metro, and other municipalities.

The CDPs help small and local construction firms win public infrastructure contracts with these government agencies.  The program provides bonding assistance, contract financing, technical support, training, and other services to underrepresented businesses funded by public agencies who seek greater contracting participation with these firms.

Merriwether said programs like these “break down systemic barriers, create greater fairness, and save taxpayers money by enabling more competition.  The contractor development programs have, cumulatively, over two decades, helped contractors access over $1 billion in bonding, supporting over $380 million in awarded contracts, and maintaining a loss ratio 250 times lower than the industry average – while saving participating municipalities more than $27 million in contracting costs as a result of enabling more competition.”

Rick Jacobs, EIP co-founder and co-chair urged attendees make plans to meet again in the near future “to continue building on this work, share progress on organizational commitments, and discuss how we can collectively advance the goals of the EIP pledge.”

For more information on the EIP and to access a copy of the Playbook, go online to https://equityininfrastructure.org/

Calvin Naito is communications manager for Equity in Infrastructure Project.

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Activism

Oakland Museum Presents Landmark Retrospective Celebrating Beloved Bay Area Artist Mildred Howard

“Poetics of Memory” coincides with a year of major recognition for Howard. In 2026, she received the California Arts Council’s 50th Anniversary Award, honoring artists whose work has shaped California’s cultural and civic life, as well as the Museum of the African Diaspora’s Artist Impact Award. In 2025, she was awarded a prestigious Guggenheim Fellowship in recognition of her transformative contributions to American cultural life.

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Mildred Howard. Photo by Christine Cueto for the Oakland Museum of California, 2025.
Mildred Howard. Photo by Christine Cueto for the Oakland Museum of California, 2025.

Special to The Post

The Oakland Museum of California (OMCA) opened “Mildred Howard: Poetics of Memory,” the first major museum survey of Bay Area artist Mildred Howard, on June 12.

The exhibition spans five decades of Howard’s influential work, bringing together immersive installations, found-object sculptures, archival materials, and new commissions that explore memory, identity, and power in American life.

“Poetics of Memory” coincides with a year of major recognition for Howard. In 2026, she received the California Arts Council’s 50th Anniversary Award, honoring artists whose work has shaped California’s cultural and civic life, as well as the Museum of the African Diaspora’s Artist Impact Award. In 2025, she was awarded a prestigious Guggenheim Fellowship in recognition of her transformative contributions to American cultural life.

Howard was born in San Francisco in 1945 and raised in the East Bay, where she went on to study Afro-Haitian dance, make and sell clothing, and experiment with collage and sculpture.

Her multimedia art practice emerged from these experiences, later becoming associated with West Coast conceptual art, San Francisco funk, and a vibrant community of artists like Oliver Jackson, Betye Saar, and Raymond Saunders. Since the 1970s, she has used found materials and family stories to explore memory—both individual and collective.

At OMCA, visitors enter “Poetics of Memory” through a series of intimate galleries featuring Howard’s early mixed-media pieces and sculptures, along with a large video projection of a number of her public artworks.

Together, they emphasize Howard’s interest in everyday objects as powerful carriers of individual and shared stories. Highlights include collages that remix images of the artist herself; found-object sculptures like The History of the United States with a few Parts Missing (2007) that address omissions in dominant narratives; and public works like “Locks and Keys for Harry Bridges” (2001) that transform urban space into a meditation on access and labor.

This culminates in a richly detailed “studio” environment, where works in progress, archival exhibition flyers, historic photographs of Howard and her community, postcards from fellow artists, and other materials offer insight into her creative process and daily life.

The exhibition then opens into a high-ceilinged, dramatically lit space that brings together Howard’s signature immersive installations. On one end, “Crossings” (1997/2026) – a field of hundreds of ceramic eggs leading to an ornate mirror – suggests cycles of birth, motherhood, and transition, while drawing on the emotional echoes of the Middle Passage. On the other end, “Blackbird in a Red Sky” (a.k.a. “Fall of the Blood House”) (2002) – a red glass shack bordered by a pond – also uses reflection and transparency to draw viewers into the work and prompt consideration of themes of identity and home.

Howard’s newest video installation, “Moving Stills” (2026), repurposes never-before-seen family footage she took as a teenager on a train trip to the American South. Projected onto cascading layers of translucent fabric that stretch across an entire gallery wall, the piece immerses viewers in a layered meditation on memory, migration, and time.

The “Mildred Howard: Poetics of Memoryexhibit will be on display through Oct. 11 at the Oakland Museum of California, 1000 Oak St., Oakland, CA 94612. Museum hours are Wednesday through Sunday, 11 a.m. to 5 p.m., with extended hours on Fridays to 9 p.m.

This story is sourced from the Oakland Museum of California press office.

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Alameda County

Ferry Fares to Increase July 1 as Ridership Hits Record Highs

The Oakland and Alameda routes will increase from $4.90 to $5.10, the South San Francisco route will go up from $7.40 to $7.60, and the Vallejo route will increase from $9.90 to $10.

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Courtesy photo.

By Mike Aldax, The Richmond Standard

Starting July 1, the standard adult fare for the San Francisco Bay Ferry route between Richmond and San Francisco will increase to $5.20, up from the current $4.90.

Discounted fares for eligible passengers, including youth, seniors, people with disabilities, and Clipper START users, will rise to $2.60 from the current $2.40. Children under 5 will continue to ride for free.

The Oakland and Alameda routes will increase from $4.90 to $5.10, the South San Francisco route will go up from $7.40 to $7.60, and the Vallejo route will increase from $9.90 to $10.

The adjustments are part of a systemwide fare update approved by the agency’s Board of Directors, which is moving away from a flat 3% annual increase to route-specific pricing for the 2027 and 2028 fiscal years.

This fare update arrives as San Francisco Bay Ferry celebrates a historic May, transporting 301,270 passengers. The record-breaking figure represents an 8% increase over May 2025 and marks the third consecutive month of record-setting ridership.

Furthermore, it is the sixth month in a row that passenger numbers have exceeded pre-pandemic levels. Weekend travel has been a primary driver of this growth, with average weekend ridership seeing a 56% increase compared to pre-pandemic trends.

The agency states that the fare adjustments are necessary to ensure the long-term fiscal sustainability of public ferry services. By shifting to route-specific adjustments, the agency aims to offset rising operating costs while maintaining the high levels of service frequency and reliability.

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