Black, Hispanic groups sue Justice Department for not looking into how Boston hires contractors and consultants
Three groups that charge the way the city of Boston hires companies for city business discriminates against minority-owned firms today sued the Department of Justice after, they say, it refused to investigate their complaint.
In their suit, filed in US District Court in Boston, the Black Economic Council of Massachusetts, the Greater Boston Latino Network and Amplify Latinx say they filed an administrative complaint with the Justice Department after a city-funded study in 2020 found that less than 1% of large city contracts went to Black-owned businesses over a five-year period.
The three groups charge this was proof of discrimination, in a city that is now minority majority, but that the Justice Department declined to investigate, claiming it had no jurisdiction.
In their suit, though, the groups argue that the Justice Department provides funds to Boston for various programs and that as part of its acceptance, the city agrees to be bound by the 1964 Civil Rights Act, which they say means Justice does have the right to look into whether Boston's spending complies with the law.
Defendants’ Jurisdictional Decision is incorrect as a matter of law. DOJ is bound by its statutory mandate to enforce civil compliance by entities that receive federal funding from the agency, such as the City of Boston.
The suit asks a judge to declare the Justice Department decision a violation of the federal Administrative Procedure Act and the civil-rights act and asks a judge to issue an injunction to force Justice to investigate the complaint.
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Complete complaint | 245.37 KB |
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Comments
From the complaint:
From the complaint:
The complaint doesn't cite any specific incident accusing the City improperly awarding a contract. Instead the group is accusing the City of being racist by not being racist.
It's the standard isn't it?
The government sets a quota of BIPOC contractors which means that BIPOC contractors just bid 10% over non-BIPOC bidders and then sub the contract out to them and keep the 10%.
Yeah, but
This rebuttal relies on the idea that the use of race-conscious criteria is itself racist. If the framework of your argument dictates that the mere mention of race is racist, then you’ll obviously disagree with the complaint.
BECMA
I guess the City hiring the former head of BECMA doesn't cut it for BECMA
Best contractor for the job?
In theory, if the city gets three bids from three contractors, it's not like they have it plastered all over that they are owned by a minority.
Without some evidence showing that the city willingly discriminated against these contractors, the case has nowhere to go.