Students File Affirmative Action Petition

Photo by Ben Margot

UC Berkeley students demonstrated in August at the start of the first semester for which affirmative action was not used as a factor in campus enrollment.

Berkeley group hopes to put measure on 1998 ballot

BY BERT ELJERA

Opening a new front in the fight to overturn Proposition 209, a group of UC Berkeley students has filed a petition with the secretary of state to bring back affirmative-action programs in California.

The petition was filed on Nov. 25 by students hoping to gather at least 700,000 signatures by the spring to qualify the measure for the November 1998 ballot.

They say it's an uphill battle but going to the voters was the best way to bring back affirmative action after protests and marches brought minimal gains.

"We have been protesting to change policies, but we soon realized that all our efforts were to bring only small changes at only one institution," said Andrea Guerrero, a second-year law student at Boalt Law School and one of the leaders of the group. "We feel this is a statewide problem of the entire public education system."

She said that putting the issue of affirmative action directly to the voters is a "better use of our energy and resources."

Calling themselves "Students for Educational Opportunity," Guerrero and her group are seeking to add a section to the California Constitution that says:

"In order to provide equal opportunity, promote diversity, and combat discrimination in public education, the state may consider the economic background, race, sex, ethnicity, and national origin of qualified individuals."

"State" will include any city, county, city and county, public university system including the University of California, community college districts, school districts, and other political subdivisions.

"I think it's the first step to take back Prop. 209," said Ted Wang, director of the Employment Institute of Chinese for Affirmative Action, which campaigned against Prop. 209 last year. "I support the effort. The students are on the right track."

He said that he is impressed that students are spearheading the initiative, adding that they will bring enthusiasm and energy to the campaign. However, he said he'd prefer an initiative that is not limited to education, but also includes employment and public contracting.

Proposition 209, approved by 53 percent of the voters in November 1996, bans the use of race and gender as factors in hiring, college admission, and public contracting.

After a year-long court battle, the initiative was declared constitutional by the 9th Circuit Court of Appeals in San Francisco and the U.S. Supreme Court decided to let the decision stand.

Wang said that contrary to what other civil-rights groups say, an initiative to overturn Prop. 209 is not premature, but rather timely because of the measure's devastating effects on higher education in California.

Boalt Law School's freshman class has only one African American student, no Native Americans, and the number of Latino and Asian Pacific American students went down.

On the other hand, the number of white law students increased from 173 to 239. Other campuses in the University of California system also experienced a decline in minority students, particularly at UCLA and UC Davis.

UC Berkeley professor Ron Takaki first brought up the idea of an initiative on affirmative action on the California ballot. He said that about 48 percent of the American people support affirmative action.

"Prop. 209 did not present affirmative action clearly and honestly to the people of California," Takaki said. "They thought it was a civil-rights initiative, not one intended to abolish affirmative action. The people of California deserve a chance to vote on affirmative action presented to them honestly."

He said he was heartened by the outcome of the recent Houston election, in which 55 percent of the voters rejected a proposal to dismantle affirmative action.

Takaki has drafted an initiative that, in effect, will repeal Prop. 209. Titled "Equal Opportunity Initiative," it mandates the use of all available means to combat discrimination, promote diversity, or provide equality of opportunity in public education, employment, and contracting by the state.

He had hoped his initiative would be on the 2000 ballot, and would compel the presidential candidates in that election to address the issue of affirmative action.

Instead, Takaki has decided to support the student initiative and use it as a springboard to mount another challenge to Prop. 209 in the future.

"I find it admirable that this is an initiative driven by the students themselves," Takaki said. "This shows there is enormous student leadership out there ready to act affirmatively. To identify this initiative as a student initiative will stir the student movement up and down in California."

Guerrero was reluctant to discuss her group's strategy to ensure the initiative's victory. She said that various groups and individuals have offered support in the campaign.

Showing some political savvy, the group hired an independent pollster and raised enough money to get the initiative off the ground.

"It addresses our concern that there are many Californians who do not have true equality of opportunity in education," said Guerrero, a 27-year-old Latino from Texas.

The student initiative comes at a time when proponents of affirmative action seem to be in retreat around the country. Last month, several civil-rights groups agreed to provide a major share of the $433,500 the Pescataway Township Board of Education in New Jersey paid to a white teacher to settle a discrimination lawsuit.

The teacher, Sharon Taxman, was laid off and a black teacher was retained in an effort to promote diversity within the school district. She then sued, claiming reverse discrimination.

Fearing an adverse ruling, proponents of affirmative action agreed to help settle the case. Several other cases are going through the judicial pipeline, however, and it is expected that the Supreme Court may finally render a decision on affirmative action next year.

Several states including Florida, Colorado, and Washington, are considering anti-affirmative-action initiatives. In Washington, a signature drive, titled "Washington State Civil Rights Initiative," is under way and slated for next November's ballot.

Opponents of the measure have launched their own campaign to persuade voters not to sign the petition. If the signature drive is successful, they said they will insist that the measure include language that clearly states that affirmative action will be dismantled if it passes.

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