Associated General Contractors v. Secretary of Commerce of the United States Department of Commerce

Good Law

24 Cont. Cas. Fed. 81,791·441 F. Supp. 955·1977 U.S. Dist. LEXIS 13141

United States District Court, Central District of CaliforniaNovember 2, 1977Civ. No. 77-3738-AAHCalifornia45,607 words

Opinion

lead Opinion

Hauk, J.

DECISION AND ORDER (GRANTING DECLARATORY AND INJUNCTIVE RELIEF AGAINST “RACE QUOTA” SYSTEM FOR FEDERAL GRANTS TO LOCAL LOS ANGELES AGENCIES)

This matter arises upon plaintiffs’ complaint for declaratory and injunctive relief based upon the alleged unconstitutionality of Section 103(f)(2) of the Public Works Employment Act of 1977, Pub.L.No.95-28, 91 Stat. 116 -121, 42 U.S.C. § 6705 (f)(2), which requires that 10 percent of the amount of each federal grant applied for under the Act be expended for “minority business enterprises.” 1 The Act has been implemented by rules and regulations 2 issued by the Secretary of Commerce under the authority given to him in the original Local Public Works Capital Development and Investment Act of 1976, 42 U.S.C. §§ 6701-6735 , which was amended by the Public Works Employment Act of 1977. Plaintiffs seek declaratory judgments that the Department of Commerce and Secretary of Commerce’s (Federal Defendants) enforcement of the minority business enterprises provisions of Pub.L.No.95-28 and the regulations promulgated thereunder, as well as the policies of the City and County of Los Angeles and their agencies named defendants (Local Defendants) of…

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Parties

ASSOCIATED GENERAL CONTRACTORS OF CALIFORNIA, a nonprofit corporation, Engineering Contractors Association, a nonprofit corporation, American Subcontractors Association, a nonprofit corporation, Los Angeles County Chapter, National Electrical Contractors Association, Inc., a nonprofit corporation, Steve P. Rados, Inc., a corporation, Griffith Company, a corporation, Gordon H. Ball, Inc., a corporation, Stoddard Enterprises, a sole proprietorship, and Granite Construction Company, a corporation
Plaintiff
SECRETARY OF COMMERCE OF THE UNITED STATES DEPARTMENT OF COMMERCE, U. S. Department of Commerce, Los Angeles County, a body corporate and politic, Los Angeles County Board of Supervisors, Los Angeles Flood Control District, Los Angeles County Engineer, Facilities Department of Los Angeles County, City of Los Angeles, a Municipal Corporation, Los Angeles City Council, Department of Recreation and Parks of the City of Los Angeles, and Department of Public Works of the City of Los Angeles
Defendant

Judges

Hauk

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