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Nov. 28 - Dec. 4, 1993 MICHIGAN CITIZE
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o
ByRO SEIGEL
Special to Mlchl.gan CItizen
DETROIT - The Metro­
politan Detroit board of the
American Civil Liberties U n­
ion (ACLU) voted to chal­
lenge portions of Executive
Order 22,· ued by Detroit
Mayor Coleman A Youngre­
quiring that 50% of all Con­
struction jobs funded by the
City of Detroit should go to
Detroit residents.
According to an article in
the ACLU fall, 1993, news­
letter, by a writer going un­
der the name of C. M.
Publius, ACLU has decided
to talk with the newly elected
mayor, Denis Archer, before
filing suit.
Mark Brewer of the ACLU
Advisory Committee, said an
ironworker, who is not a De­
troit resident, who was re­
fused a job on a publicly
funded construction project,
asked ACLU's help in chal­
lenging the residency re­
quirement.
On July 1, Federal District
Judge Anna Diggs Taylor
struck down as unconstitu­
tional the city's Sheltered
Market Program. This pro­
gram reserved a fixed share I
of city contracts for compa­
nies owned by minorities and
women.
BREWER EMPHA-
SIZES that setting aside
jobs, purely on the basis of
residency violates basic
rights in the constitution.
He said Article IV, Section
2, clause 1 of the U.S. Consti­
tution provides that "The
citizens of each state shall be
entitled to the privileges and
immunities of citizens in the
several states."
He said courts have ruled
this applies to cities, since
cities are subdivisions of
states and derive their
authoriti from the states.
Brewer said an 8-1 court
decision in 1984, joined in by
Judge Thurgood Marshall,
involving Camden, New Jer-
ey, ruled that the righ� of a
nonr id nt. king private
employment is violated."
He said this would no ap­
ply to idency requirement
for public office or govern­
ment jo , since governm . n
po itions wer not con id-
ered under th rights.
Th d ire of a city to
eliminate its own unemploy­
ment Brewer contended, is
, "r
not a " u ntial reason lor
giving th non ident dif­
ferent tr tment.
"I'h municipality mu t
how that he cl bein dis-
crimina agains [nonr 1-
den ] be cl relation
to th reason for the discrimi-
nation [city unemploy­
ment]. .. shown to constitute a
peculiar source of the evil at
which tb statute is aimed [to
prevent)," Brewer stated.
A representative of the
Detroit Law Department
said she had no knowledge of
the ACLU opposition to the
mayor's order.
. However, Publius, writing
in the ACLU newsletter, ex­
pressed a di nting opinion,
stating that officials of pre­
dominately Black cities Ii
Detroit could demonstrate
that nonresidents do "oonsti­
tute a peculiar source" of city
unemployment," which offi­
cials of Camden, New Jersey,
could not prove in the 1984
case.
Publius noted "virtually
every out-migration from a
problems" coming "into the
city to partake only of the
benefits created by the resi­
dents of the City or adminis­
terM by them.·
On July 1, FederalD' trict
Judge Anna Diggs Taylor
truck down as unconstitu­
tional the city's Sheltered
Mar et Program. This pro­
gram rved a fuced share
of city contracts for compa­
rues owned by minoriti and
women.
city of vast majorities of those
per ons and classe pre­
viously favored ulted
in leaving a pool of predomi­
nantly minority workers re­
maining in the city.·
"Part of the evils attacked
[by the mayor's order]. Publi­
cus tated, �are the former
residents end their progeny
who have fled the municipal­
ity and its burdens and other
non-residents who do not
contribute to redu� th
MAYOR ELEcr DEN·
NIS Archer could not be
reached for comment.