Cleveland Mayor Justin Bibb meets in his office at City Hall in Cleveland, Ohio, on July 27, 2022. (Sarah Rice for The Washington Post via Getty Images)
The Center Square—A nonprofit, Ohio-based think tank is demanding that Cleveland end what the organization calls its race-based contracting programs, saying they are “unconstitutional and discriminatory.”
“It has now been more than a year since the city of Cleveland publicly recognized that it must abandon its unconstitutional race-based programs,” David C. Tryon, director of litigation at the Buckeye Institute, wrote in a recent letter to Cleveland. “Failure to end these discriminatory programs leaves the city open to legal action, and The Buckeye Institute stands ready to assist any individual or business denied access to any contracting opportunities based on race.”
Cleveland has several programs that include race requirements for contractors who want to do business with the city, according to the Buckeye Institute.
One of those is the Minority Business Enterprise program, the institute said.
The program certifies companies based on the race of the owners, the institute said.
“Cleveland awards race-certified MBEs a 5% race-based bid discount when evaluating contract bids,” the institute said in a news release.
Buckeye called on Cleveland to cancel those programs that use race, and for the City Council to repeal ordinances that “require the city to discriminate on the basis of race.”
U.S. Supreme Court decisions “reaffirm that if individuals of different races are not accorded the same protection, then [a program] is not equal,” the institute said.
Cleveland “has been following the law for more than 60 years, dating back to the Civil Rights Acts of the 1960s,” and has made adjustments as necessary when laws change and as court rulings are made, Sara Johnson, city chief communication officer, told The Center Square. “That being said, we received their letter and are reviewing it.”
Cleveland “has also brought on a firm and we are continuing to work with them to explore our options and evaluate next steps as part of our due diligence process,” Johnson said. “More broadly speaking, we are always looking at additional ways to streamline the Community Benefits Agreement process—in its entirety—so that it’s more efficient and easier for everyone to do business with the city.”
