This morning the Grand Rapids City Commission met for the first time since Mayor George Heartwell proposed that the city government should file a lawsuit to overturn the voters' approval of the Michigan Civil Rights Initiative in last month's election. Heartwell's proposal was the first item on the agenda, and the mayor declared at the outset that he was willing to lose his office over this issue. (Although he didn't seem so eager to do so by the end of the discussion.)
Here is what everyone had to say this morning ...
Mayor Heartwell stated that sometimes in life you have to take a stand. He had always fought for equal rights and affirmative action, so he opposes the Michigan Civil Rights Initiative. He thinks the city government must file a lawsuit to stop implementation of the new law. Heartwell rationalized his readiness to defy the voters by noting that a small majority of voters in the City of Grand Rapids had voted against the ballot initiative. He said that he is willing to lose his office over this fight.
Heartwell that his proposal to overturn the decision of the voters has generated a firestorm. He has received over 180 e-mails about this, mostly in opposition to him. He complained about being called a "despot" and a "dictator". Curiously, he then said that he was able to divine that those who sent him critical e-mails were white.
Heartwell concluded his remarks by noting that the issue was too contentious to settle by a vote of the city commission today.
City Manager Kimball did not have much to say other than the costs of a lawsuit to overturn the Michigan Civil Rights Initiative would have to paid for from the city's general fund. That may entail cutting services elsewhere or increasing taxes.
City Attorney Balkema said that the lawsuit proposed by Heartwell would not make any claims or legal arguments that the federal courts have not already rejected. He noted that California passed a similar initiative banning government racial and gender preferences ten years, and that law was repeatedly challenged in the most liberal circuit of the federal judiciary and still stands. Balkema further noted that the "By Any Means Necessary" group, who have already filed a lawsuit along the lines proposed by Heartwell, raises no issues that the federal courts have not shot down. Precedent is against the Heartwell lawsuit succeeding. Furthermore, Balkema consulted with a civil rights attorney who advised that such a lawsuit would be very expensive, and even if an attorney represented the city government pro bono, there would still be considerable costs beyond attorney fees the city would have to pay. Although Balkema made clear that Heartwell's proposed lawsuit was a loser, he waffled in declaring himself against it.
Second Ward Commissioner Bliss and Third Ward Commissioner Lumpkins did not have much to say other than the city government should research the issue further. Neither gave any indication that they had consulted their constituents about this.
First Ward Commissioner Schmidt praised Heartwell for his courage. However, his constituents were strongly against Heartwell's proposed lawsuit because it thwarted the "will of the people". Schmidt said he understood the sentiment of constituents. He recalled how a measure he had once voted for was overturned by the courts and left him with a sour attitude toward government.
Third Ward Commissioner White was unequivocal in supporting the Heartwell lawsuit. He stated that the city government had the best affirmative action program in the state, and that the city shouldn't let whites trample over the rights of minorities. White declared that we should fight to overturn the Michigan Civil Rights Initiative, but spend no money on doing so by filing amicus briefs in support of other lawsuits against the new law.
Second Ward Commissioner Tormala declared that he, like Heartwell, has fought for civil rights and supported affirmative action. He had opposed the Michigan Civil Rights ballot initiative, but the bottom line was respecting the will of the people. Tormala then covered the financial and legal problems confronting Heartwell's proposed lawsuit, as had been addressed by Kimball and Balkema. Furthermore, he was concerned that Heartwell's battle to overturn the election would drive wedges between city residents. He thought the right course of action was to review city policy, implement the new law by the deadline of December 22nd, and begin hiring city employees and contractors on merit.
First Ward Commissioner Jendrasiak stated that either democracy counts or it doesn't. Americans have given their lives to defend the right to vote, and so a fair vote must stand. He then challenged Heartwell's characterization of opposition to his proposed lawsuit as "caucasian". Jendrasiak wanted to know how the mayor could know this from e-mail messages, because he had canvassed his constituents and found opposition to the mayor ran across racial and ethnic lines. Heartwell responded to Jendrasiak that he knew for a fact that some of the critical e-mails he had received were from whites. Then looking discouraged, Heartwell wrapped up the discussion by suggesting that city government do some more research into the issue for the time being.
As it now stands, the Grand Rapids City Commission took no action against the Michigan Civil Rights Initiative. Therefore, the city government must implement the law by December 22nd and end all racial and gender preferences in hiring city employees and contractors. It is not certain that Heartwell, despite his pledge to sacrifice his office over this issue, will raise it again with the city commission. The only votes he clearly has to file a lawsuit to overturn the Michigan Civil Rights Initiative are his own and White's -- and White doesn't support an independent action. Schmidt, Tormala, and Jendrasiak are against a lawsuit. Bliss and Lumpkins are uncommitted.
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