The Denver Post

Legislatur­e.

White barber sued state saying race can not be used in distributi­ng funds

- By Alex Burness and Saja Hindi

Lawsuit challenges effort to boost minority-owned businesses.

Colorado’s legislatur­e is facing a lawsuit over a modest effort to boost minority-owned small businesses during the pandemic, and it plans largely to undo its work this week.

Lawmakers approved $4 million for minority-owned small businesses as part of last month’s state stimulus package that exceeded $300 million. Lawmakers did so with recognitio­n of both the racial wealth gap and the disproport­ionate economic impact of the pandemic on nonwhite people.

But soon after the program passed, a white man who owns a Colorado Springs barbershop sued Gov. Jared Polis and the Colorado Minority Business Office in federal court, alleging it is unconstitu­tional to exclude some business owners from the program because of race.

That lawsuit is still pending, and it has held up distributi­on of the $4 million — none of which has been allocated yet, a state spokeswoma­n told The Denver Post.

It’s one of the first things that the legislatur­e will address during its 2021 session, which started Wednesday.

Evidently not willing to wait on a ruling, lawmakers will move immediatel­y to pass a new bill that opens up the program to white people, too, although they will still have to qualify under various definition­s of business hardship.

The bill is one of seven that the legislatur­e plans to pass this week before taking a monthlong break, and it is perhaps the only one in that group that can be considered controvers­ial.

Lawmakers plan to adjourn Friday and begin their session in earnest next month, by which point many who work at the Capitol are expected to have received the COVID-19 vaccinatio­n.

The sponsors of the bill backtracki­ng on the aid program’s eligibilit­y wrote it so that the main point of the original version is being mostly undone. (There are two Democrats and two Republican­s sponsoring the measure, one from each chamber.)

“Nobody put us up to this. It’s the sponsors that want to do this,” said Senate Majority Leader Steve Fenberg from Boulder, who is not a sponsor of the bill. “I don’t think it’s an acknowledg­ment that we are going to lose the court case. I think it’s about if it gets tied up more, it could potentiall­y mean the money can’t go out the door, or it can go out the door and then

get clawed back, or something like that.”

State Sen. James Coleman, a Denver Democrat, said he’s frustrated that such a minimally ambitious program meant to help business owners of color couldn’t survive.

“When this came up, that we may need to make a change because of litigation, I think it was appalling,” said Coleman, who is Black. “The initial response from minority business owners was, ‘We’re only getting $4 million across the entire state, and now that’s being challenged?’ ”

Coleman said he’ll vote for the bill because some money out the door is better than none.

The new measure outlines a series of criteria by which business owners can qualify for the funding; minority-owned businesses automatica­lly qualify.

Preference will be given to businesses that meet multiple criteria, the bill states. Attorney Wen Fa, speaking on behalf of the Colorado Springs barber, told The Denver Post that the man isn’t satisfied by the new bill.

“The proposed legislatio­n does not eliminate the constituti­onal problems presented by Colorado’s initial minority business setasides. In particular, the proposed legislatio­n still gives preferenti­al treatment to minorityow­ned businesses,” Fa said. “Colorado may certainly provide COVID relief for small businesses in these challengin­g times, but the Equal Protection Clause of the Constituti­on prohibits the state from distributi­ng funds based on race.”

Westminste­r Democratic Sen. Faith Winter is one of the lead bill sponsors, and she told The Post before presenting the measure in a committee Wednesday that she hopes it still helps many of the businesses the original version intended to.

“We want this $4 million to go to those small businesses that have been most disproport­ionately impacted by COVID, and minority ownership is a significan­t factor in that,” she said.

Republican Sen. Kevin Priola of Henderson, one of Winter’s cosponsors, declined to comment. So did a spokesman for Attorney General Phil Weiser, whose office is defending Polis and the state against the lawsuit. Spokesman Lawrence Pacheco would not confirm or deny that the attorney general’s office had any hand in writing the revised bill.

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Colorado House Republican­s resisted the foregone conclusion that the new speaker of the House would be Alec Garnett, a Denver Democrat, by nominating House Minority Leader Hugh McKean of Loveland.

The speaker is elected by a majority of House members, and Garnett — who was chosen in December by the Democratic members of the House — easily had the votes in the Democratic­controlled chamber. While the vote is traditiona­lly ceremonial, a roll call vote was taken to cement Garnett’s new seat, 41-24. Members of both parties acknowledg­ed the move was unpreceden­ted, and Democratic Majority Leader Daneya Esgar of Pueblo said it was shameful for Republican­s to end the bipartisan tradition.

Republican­s — including Colorado Springs Rep. Dave Williams, who has been vocal about his opposition to McKean when he ran for minority leader — said they supported McKean’s nomination for speaker as a means to give members a choice.

 ?? Photos by AAron Ontiveroz, The Denver Post ?? Colorado Supreme Court Justice Brian D. Boatright swears in members of the state House of Representa­tives on Wednesday as the 2021 session of the Colorado legislatur­e begins.
Photos by AAron Ontiveroz, The Denver Post Colorado Supreme Court Justice Brian D. Boatright swears in members of the state House of Representa­tives on Wednesday as the 2021 session of the Colorado legislatur­e begins.
 ??  ?? Rep. Leslie Herod, D-Denver, wears a mask Wednesday.
Rep. Leslie Herod, D-Denver, wears a mask Wednesday.

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