Affirmative Action Faces Challenge Initiative 200 Would End Preferential Treatment

They call it the Washington Civil Rights Initiative - a measure that would eliminate many affirmative action programs intended to ensure people aren’t held back because of race or gender.

“Ours is a real simple concept. … Everyone should be treated the same. It’s one of the basic concepts you’ve heard all your life,” said Initiative 200 co-chairman Tim Eyman, who makes a living selling logo watches to fraternity and sorority members.

Initiative 200 - which would end preferential treatment on the basis of race and gender in state and local public education, public employment and public contracting - is an initiative to the Legislature.

If backers collect 179,248 signatures from registered voters by Jan. 2, the Legislature would consider the measure and either approve it or place it on the November 1998 ballot.

Similar efforts are under way in Florida, Colorado and Ohio.

The campaign drew a fund-raising visit Monday from University of California regent Ward Connerly, who successfully spearheaded Proposition 209 in California. That proposition had an intent identical to Initiative 200.

The wording of the Washington ballot title survived an April legal challenge from the American Civil Liberties Union, which contended the words “affirmative action” should have been used since the intent is to dismantle affirmative action.

The ballot title says: “Shall government entities be prohibited from discriminating against or granting preferential treatment to individuals or groups based on race, sex, color, ethnicity, or national origin?”

Several groups have endorsed the measure, including the King County Republicans.

An opposition group, “No! 200,” has been formed. The 30 member groups so far include the Washington Association of Churches, the state chapter of the National Organization for Women, El Centro de la Raza, Hands Off Washington and the ACLU.

“We’re concerned this is really about repealing affirmative action at a time when the playing field in our state is not level - when we still don’t have equal opportunity for lots of folks,” says Kathleen Russell of the state Association of Churches, which includes 1,600 Protestant and Roman Catholic churches.

“Hey, we are all for equal opportunity,” Eyman says. “You have the right to apply to any university, the right to apply to any fire department, the right to apply for any contract.

“But when the decision is made as to who gets that slot, we think it should not be based on what group you belong to.”

Private and federal sectors would be untouched, initiative backers say. Public programs that help to create equal opportunity - such as outreach in the schools or employment recruiting through advertising and seminars - won’t be affected.

The state GOP has not yet taken a position on the measure.

“I think what the initiative says is good law. Everybody should be treated equally,” said state GOP party chairman Dale Foreman from Wenatchee.

“But there are many people who will oppose it by saying it’s racist. We in the Republican party are for equal opportunity and against racism.”

State Rep. Scott Smith, Initiative 200 co-chairman, has proposed the measure to the Legislature twice. He said he had enough votes last spring to make it state law but was thwarted by Senate Majority Leader Dan McDonald, R-Bellevue.

Republican leaders “really wanted to have further discussion on the issue,” McDonald said.

The American Civil Rights Coalition, a national nonprofit group that lobbies Congress and promotes anti-preference initiatives and legislation, has been advising Eyman and Smith and the measure’s pro-bono Bellevue lawyer since December.

Eyman, 31, goes after signatures while Smith, 34, raises money.

So far, Initiative 200 has raised between $10,000 and $15,000 in cash and about $10,000 in donated printing. The goal is $150,000.

Most of the money will be recycled to the organizations that gather signatures. Rather than pour money “down a rat hole” to a professional signature-gathering company, Eyman offers selected groups $3,000 each for every 10,000 signatures collected.