Barlow

In this action for writ of mandate and injunctive and declaratory relief, the trial court determined that section 10115.5 of the Public Contract Code must be declared void as an unseverable part of a statutory scheme previously found constitutionally invalid. We agree and affirm the judgment.

Statement of Facts and Procedural History

Section 10115.5 was enacted in 1988 as part of division 2, part 2, chapter 1, article 1.5 (article 1.5) of the Public Contract Code (§ 10115 et seq.). The Legislature in enacting this article declared that one of its purposes was to “improve the economically disadvantaged position of minority, women, and disabled veteran business enterprises,” (§ 10115, subd. (a)(4)) in the “procurement of construction, commodities, and professional services contracts.” (§ 10115, subd. (b)(2); Stats. 1988, ch. 61, § 3, pp. 327-329.) To “ensure that a fair proportion of the total number of contracts or subcontracts for commodities, supplies, technology, property, and services are awarded to minority, women, and disabled veteran business enterprises,” (§ 10115, subd. (a)(1)), statewide numerical “participation goals” for those designated groups are specified…