Two federal cases are redefining diversity policies according to the constitution and these might have an impact on Oregon.

First, U.S. District Judge Reed O’Connor ruled to approve a temporary restraining order forbidding President Biden’s administration from giving out grants in a program aimed at prioritizing applicants due to their race and/or gender and told plaintiff, Philip Greer, he is likely to succeed. Greer prepared an application on behalf of his restaurant and is otherwise eligible to receive Restaurant Revitalization Fund grant, but for the allegedly unconstitutional prioritization scheme.

More recently federal Judge William Griesbach in Wisconsin sided with White farmers and ranchers, including Adam Faust, a double amputee and the owner of a dairy farm. The judge issued a temporary restraining order on the Department of Agriculture program that was to start paying out and forgive loans for Black and other minority farmers. The assistance program, which was passed by the Senate as part of the Biden administration’s $1.9 trillion stimulus relief package, was intended to correct long-standing disadvantages faced by Black, Latino, and other minority farmers in getting loans from banks and the government. The plaintiffs argue the program is unconstitutional because it discriminates against them.

White farmers in other regions of the country are also suing the debt relief program. Adding to the constitutional issue is the prohibition by the Civil Rights Act of 1864. Loans based on race and sex are not allowable under Title VI.

COVID-19 has been used as an excuse for disproportionately affecting communities of color making it more difficult to access relief programs due to systemic racism and other issues. But judges aren’t buying the argument. Representative Ken Helm (D-Portland) and Senator Lew Frederick (D-Portland) are tempting Oregon businesses to join suits by introducing HB 2518. This bill establishes and allocates funding to the Oregon Brownfield Properties Revitalization Fund to support a forgivable loan program for owners or operators of brownfield properties that incur eligible costs in the recovery of the brownfield property. A brownfield is a former industrial site that is environmentally contaminated

A D V E R T I S E M E N T

A D V E R T I S E M E N T

HB 2518 runs into shady territory by requiring Business Oregon to develop the forgivable loan program for minority-owned and woman-owned businesses, and emerging small businesses controlled by socially disadvantaged individuals as defined in ORS 200.005. That definition identifies businesses owned and controlled by women, veterans, and people deemed “socially and economically disadvantaged.” A minority-owned business is at least 51 percent controlled by minority individuals, women or disabled veterans. Minority individuals are any race but White.

HB 2518 strays from its focus on restoring brownfields and obligates the state -- that is, the taxpayers -- to pay for the restoration so social disadvantaged can use it for businesses. It seems the legislators have been doing the two-step skirting around federal laws on a number of fronts.

• SB 79 authorizes Housing and Community Services Department to provide grants and technical assistance to organizations increasing homeownership program access to persons of color. (Governor Brown signed)
• HB 2086 appropriates moneys to Oregon Health Authority for programs that provide culturally specific services that are directly responsive to and driven by people of color and people of lived experience, and for medical assistance reimbursement of tribal communities. (Assigned to Ways & Means Subcommittee on Human Services)
• HB 3110 requires board of directors of publicly traded corporation to have specified proportion of female directors and directors who are members of underrepresented communities. (In Senate Rules Committee)

Governor Brown physically changed Oregon’s objective from equal to equity. Equity is the opposite of equal opportunity. Equity demands an equal outcome and that only happens when you gerrymander to favor one group over another.


--Staff Reports

Post Date: 2021-06-14 08:42:43

Last Update: 2021-06-14 09:58:31