Report from Leadership Conference on Civil Rights on Key EO Updates

State Updates

Nebraska (NE)
On January 22, Lancaster County District Judge Karen Flowers ruled that Nebraskans United had not presented sufficient evidence around the claims of fraud, misinterpretation, or deception, in the petition-gathering process. For a variety of reasons, including resources, Nebraskans United decided not to appeal the ruling to the state Supreme Court. The state and its agencies began implementation of Initiative 424 in December, once the Governor issued a proclamation for compliance around the initiative. The higher education community has been vocal in their support of equal opportunity. We expect they will continue to do so, in compliance with state and federal law. See the following link for more information: http://www.nptelegraph.com/articles/2009/01/23/news/state/60001913.txt

On a related note, we wanted to bring to your attention two pieces of legislation that have been introduced in the state legislature:
- On January 22, State Senator Brenda Council introduced LB440, which proposes revisions to the Student Diversity Scholarship Program. In compliance with state and federal law, the bill proposes changes to the diversity criteria. The bill reiterates the state’s compelling interest to provide access to higher education for students from diverse backgrounds, who may also have financial challenges. We will keep you posted as we learn more. See the following link for the text of the bill: http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Intro/LB440.pdf
- On January 21, State Senator Kent Rogert introduced LB575, which proposes that questionable practices regarding petition drives be resolved before voters consider an issue. See the following link for the text of the bill: http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Intro/LB575.pdf
Missouri (MO)
Late last year, Ward Connerly and local ally Tim Asher proposed for the 2010 ballot, language for an initiative that would ban equal opportunity in public higher education, employment, and contracting. In December, Secretary of State Robin Carnahan approved the proposed initiative for circulation and proposed modified wording to include the term “affirmative action.” Connerly, Tim Asher, and the MO Civil Rights Initiative (MOCRI) along with the ACLU, and the ACLU of Eastern Missouri, have filed separate lawsuits against the Secretary of State’s office challenging the language. Connerly and his allies have until May 2, 2010 to submit the requisite number of signatures. Please contact Reggie Shuford, ACLU (rshuford@aclu.org), with any questions. Also, see the following links for more information:
http://www.sos.mo.gov/news.asp?id=765
http://www.aclu.org/racialjustice/aa/38152prs20081219.html?s_src=RSS
http://www.stlamerican.com/articles/2008/12/25/news/local_news/localnews02.txt

California (CA)
Assembly bill ACA 7 has been introduced by Assemblyman Ed Hernandez proposing to amend the provisions of Proposition 209 under the California Constitution to allow higher education institutions to conduct outreach to specific minority populations. The goal is for the legislature to pass the bill and then refer it to the ballot for the popular vote. The bill is in the preliminary stage of bill introduction, and as a result, discussions are taking place focused on the language of the bill. Please contact Sara Jackson, Equal Justice Society (sjackson@equaljusticesociety.org) with any questions about the bill or Impact 209 coalition discussions. Also, for more information, see the attached fact sheet and the text of the bill.

Ricci Supreme Court Case

The U.S. Supreme Court has granted cert to Ricci v. DeStefano, 07-1428, and Ricci v. DeStefano, 08-328, a lawsuit alleging racial discrimination against the City of New Haven, CT, which was filed by 20 white and Hispanic firefighters in New Haven. The issue at hand is the city government’s 2003 decision to throw out the results of a civil-service test for firefighters because no black, and few Hispanic firefighters, had scored well enough to qualify for promotions. The City and the two lower courts, agreed that the test had a disparate impact on minorities. The city is receiving pro-bono support from WilmerHale and the NAACP LDF is coordinating the amici strategy.

LCCR/LCCREF will work with the NAACP LDF to schedule a conference call during which this case, and amici strategy, can be discussed in greater detail with interested organizations. Please contact Mathew Colangelo, NAACP LDF (mcolangelo@naacpldf.org; 212-965-2268) if you have any questions about the amici strategy. Also, see the following link for more information: http://www.nhregister.com/articles/2008/11/10/news/new_haven/a1_mon_nesupremes.txt
Please feel free to contact me or Ellen Buchman (buchman@civilrights.org) with any questions.