Reed
Reed v. City and County of San Francisco
Opinion
Opinion
Acting, J.
In this case we hold that an antiapartheid ordinance which provides it is inapplicable if in conflict with federal law does not preclude the local port commission from contracting with foreign shipping companies because the federal Shipping Act of 1984 prohibits marine terminal operators from barring a shipper for reasons unrelated to transportation or economic conditions.
David Reed and five coplaintiffs appeal from a defense judgment in their action for a determination that San Francisco’s antiapartheid divestment ordinance requires the city’s port commission to refuse to enter into marine terminal agreements with foreign shipping companies that do business with South Africa. We affirm.
San Francisco’s divestment ordinance prohibits the city from, among other things, entering into “any lease, permit, license or other agreement” for the use of city property with “any person, entity or financial institution” that maintains business relations with South Africa. (S.F. Admin. Code, § 10.213, subd. (A).) The ordinance does not apply where its application would “violate or be inconsistent with the laws, rules or regulations of ... the United States of America.” (S.F. Admin.…