Associated General Contractors of California v. San Francisco Unified School District

MEMORANDUM AND ORDER

The plaintiffs fall into two classes: (1) unincorporated associations of general contractors and subcontractors engaged in the building and construction industry in San Francisco and (2) contractors and subcontractors so engaged. None of the plaintiffs is a “nonwhite” owned business. Defendant San Francisco Unified School District (hereafter “District”) is a duly organized public body consisting of the public schools in San Francisco. Defendant San Francisco Board of Education (hereafter “Board”) is the responsible governing body of the District. Intervenors are two associations of minority contractors, respectively, National Association of Minority Contractors and Minority Contractors’ Association of Northern California, Inc.

On March 17, 1977, this Court issued a preliminary injunction preventing the District and the Board from carrying out what was called an Affirmative Action Policy. That so-called policy required that a bidder, in order to be awarded a construction contract as a general contractor, utilize minority owned businesses for no less than twenty-five percent of the base bid amount, or that the bidder be a minority owned business. The…