City Files Court Papers Supporting Bid to Block Prop. 209 Implementation

The city of Pasadena, one of the defendants in a lawsuit challenging the constitutionality of Proposition 209, has taken the unusual step of filing court papers in support of the plaintiffs’ efforts to get an immediate order blocking the implementation of the ballot measure to dismantle affirmative action programs.

Aligning itself with opponents of the landmark ballot measure, the Pasadena City Council behind closed doors Monday night voted to file a legal brief in favor of a temporary restraining against the proposition being sought by a coalition of civil rights groups. Council members say the delay is needed because conflicts between existing federal requirements and the new state law must be resolved first.

Pasadena, a diverse city well-known for its broad affirmative action ordinances and programs, was named in the federal suit along with state officials, three counties and San Francisco because civil rights groups believe if its comprehensive programs are allow to continue unhindered by Prop. 209, so will lesser affirmative action efforts at municipalities throughout the state.

Mayor William Paparian pulled no punches Monday in announcing the council decision. “We want to defend our city’s affirmative action ordinance against attack under Proposition 209. Our affirmative action program conforms to federal law and does not rely on quotas, on set-asides or on any exclusionary devices,” he said. “Instead, Pasadena uses outreach targeted to minorities and women to increase the pool of qualified disadvantaged.”

City officials said Pasadena’s action has also been taken out of concern that many of the city’s affirmative action programs are required to qualify for many of the federal grants it receives. “If we comply with 209 our federal grants could be cut off,” said Councilman Paul Little.

Pasadena, a community of 132,000, is 47% white, 27% Latino and 18% African American, according to the 1990 U.S. census. But more than a fifth of the white population is Armenian American, a group that qualifies for affirmative action programs under the city’s law. The city has affirmative action in employment and contracts.

The council voted 5 to 1 to join San Francisco and the three counties that have been named in the lawsuit in asking the court to stop the implementation of the proposition until it is determined whether Proposition 209 is constitutional. Councilwoman Ann-Marie Villicana, a supporter of the measure, cast the lone dissenting vote. The council’s other conservative member, William E. Thomson Jr., was absent.

Supporters of the proposition such as Ward Connelly have chastised Pasadena’s programs as being the kind of race and gender preference programs the initiative was designed to eliminate. After one debate before the election, Connelly and Paparian, a strong advocate of affirmative action, clashed verbally.

A federal judge will hold a hearing Monday on whether to issue a temporary restraining order to halt the proposition’s implementation. To meet a court deadline, even before the council voted Monday night, legal papers stating Pasadena’s position were in the San Francisco federal courthouse.