ATTORNEY GENERAL IS BREAKING STATE LAW

Proposition 209 is the law. Why isn't California Attorney General Bill
Lockyer enforcing it?

Prop. 209 was passed by voters in 1996 and explicitly banned all racial,
gender and other quotas or preferences in state or local government
contracting, employment and education. Californians clearly said they
wanted an end to discrimination.

But according to a new report card, Mr. Lockyer received an "F" grade for
his enforcement of this crucial law. The report card was prepared by Ward
Connerly, the Sacramento businessman and Prop. 209 co-sponsor, and the
Pacific Legal Foundation.

"It's disappointing that more than five years after the people enacted
Prop. 209, not only are a lot of government entities disobeying, but the
top law enforcement official in the state, Bill Lockyer, isn't enforcing
it," Harold Johnson told us; he's a PLF attorney and former Register
editorial writer. "This is lawbreaking in the service of ideology."

Some examples: Los Angeles County still is giving contracts and jobs based
on race. San Francisco has a discriminatory policy in handing out
contracts. The L.A. Unified School District won't let teachers transfer if
they don't meet specific racial criteria.

In the Hi-Voltage Wireworks v. City of San Jose case, Mr. Lockyer sided
with the city's race-based "outreach" preferences policy for public
contracting, even appearing in court personally to testify. Fortunately,
the state Supreme Court threw out the policy and upheld Prop. 209.

Such cases have been resolved in favor of Prop. 209, not by Mr. Lockyer,
but by PLF lawsuits. One ongoing lawsuit is in Orange County against the
Huntington Beach Union High School District, which won't let some students
transfer to other schools unless racial criteria are met.

When Mr. Lockyer became AG three years ago, we had high hopes that he would
enforce the law in this and other areas, but he has disappointed us. He
continues to pursue his pointless antitrust assault on Microsoft Corp.,
even after the federal government settled the case.

He's done nothing to put together a statewide implementation plan for Prop.
215, the medical marijuana initiative which he supported, and even has
taken the prosecution side in some local cases, such as that of Steve
Kubby. And he won't enforce Prop. 209. The attorney general isn't elected
to decide which laws to enforce and which ones not to.

He doesn't make the law, but is charged with enforcing it. What a
disappointment. Voters should keep these actions - and inactions - in mind
as he seeks re-election.