Coral Construction, Inc. v. City & County of San Francisco

I. INTRODUCTION

Coral Construction, Inc., (Coral) filed this action against the City and County of San Francisco and other individual defendants (collectively, City) challenging the constitutionality of City’s MinorityAVomen/Local Business Utilization Ordinance (the Ordinance). In essence, Coral alleges that the Ordinance’s provisions granting preferential treatment to women-and minority-owned businesses in bids for City contracts violates article I, section 31 of the California Constitution (Proposition 209). On summary judgment, City successfully challenged Coral’s standing to sue for injunctive and declaratory relief, on the ground that Coral had failed to prove it would be bidding on an identifiable City contract subject to the Ordinance in the reasonably near future. We conclude that Coral’s standing to challenge the ordinance does not depend upon the identification of a specific contract on which it will bid in the near future, and accordingly, we reverse.

II. BACKGROUND FACTS AND PROCEDURAL

HISTORY

A. The Ordinance

The Ordinance is codified in chapter 12D.A. of the San Francisco Administrative Code. Its relevant provisions are summarized by the director of San…