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Disparity and capacity studies near completion as legal guidance shifts on DEI
Summary
Task force members said the disparity study should conclude in August–September and the capacity study is nearly done; legal counsel referenced City of Richmond v. Croson and warned that state or executive guidance does not supersede Supreme Court precedent, so the studies are being rechecked for legal conformity.
Task force members were briefed on two studies intended to support inclusive contracting for the Regional 1 project. A disparity study is expected to conclude in August–September and the capacity study assessing local firms' ability to scale or joint-venture is near completion.
Van Turner (task force advisor) told members the team was rechecking the disparity work in light of recently issued state guidance and federal executive actions. He said U.S. Supreme Court precedent (City of Richmond v. Croson) requires governments to perform disparity studies to justify race-conscious contracting programs, and that new state guidance cannot override that underlying constitutional framework.
"What has come to us in the form of an executive order and what has come to us in the form of state law still has to bump up against supreme court rulings," Turner said, noting litigation risk and uncertainty as the legal landscape shifts. He and other members said the capacity study had helped local firms partner and prepare for potential contract work even as legal questions are clarified.
Members emphasized oversight and transparency and said they would consider study results alongside legal advice before applying any race-conscious procurement elements.
