Wilson Wants Proposition 209 Lawsuit Decided in State Court

Gov. Pete Wilson wants the Proposition 209 case decided in state court rather than by a federal judge.

In papers filed Monday, lawyers for Wilson asked Chief U.S. District Judge Thelton Henderson to put a lawsuit by civil rights groups on hold, at least until California courts interpret Proposition 209’s meaning and scope.

Proposition 209, a state constitutional amendment passed Nov. 5, outlaws state affirmative action programs that give preferential treatment based on race or sex. Henderson is scheduled to hear arguments Monday over whether to block enforcement of the measure.

A federal court lawsuit, filed Nov. 6 on behalf of minority and female contractors, labor unions and students in targeted programs, contends that Proposition 209 is discriminatory. The suit says the initiative, despite its neutral language, affects only programs that benefit women and minorities, while maintaining preferences that favor other groups, such as veterans seeking jobs.

Supporters of the measure scoff at the argument. Far from being discriminatory, Proposition 209 declares “the rights of all persons to be free from discrimination caused by preferences based on race and gender,” Deputy Atty. Gen. Paul Dobson, lawyer for Wilson and other state officials sued in the case, said in court papers.

Since the election, the two sides have tried to maneuver the legal battle onto friendly terrain. The same battle took place over Proposition 187, the 1994 immigration initiative, which has been largely blocked by a federal judge. Wilson sought to move that case into state court and plans to raise the issue again before a federal appeals court.

Supporters of Proposition 209 prefer to be in the state courts, where appointees of Wilson and former Republican Gov. George Deukmejian predominate. Opponents favor federal court, where judges are appointed for life, with no fear of voter reprisal for an unpopular ruling--and where a liberal, Democratic-appointed judge was available for the case.

By filing their federal court suit in San Francisco, civil rights groups could take advantage of the fact that Henderson, a former Justice Department civil rights lawyer, was already presiding over a white contractor’s challenge to the city’s preferential programs for minority and female contractors.