Florida Attorney General James C. Uthmeier announced on Martin Luther King Jr. Day that he would no longer defend or enforce state laws that establish participation goals for minority- and women-owned businesses in government contracting, denouncing such measures as a form of racial discrimination.
The move, which legal experts called legally dubious and politically incendiary, aligns with the broader national movement to dismantle race-conscious public policy.
Mr. Uthmeier, 35, a former chief of staff to Gov. Ron DeSantis who was appointed attorney general less than a year ago, issued a formal legal opinion that took direct aim at a range of affirmative action-related policies.
He singled out statutory “spending goals” for minority-owned businesses as “the most egregious” examples of what he termed unconstitutional racial preferences.
The state guidelines he has targeted include specific benchmarks for the allocation of government contracts, such as reserving 4 percent of construction contracting for Black-owned businesses, 6 percent for Hispanic American-owned firms, and 11 percent for businesses owned by women. Other benchmarks cover architectural services, commodity procurement, and contractual services, with set-asides for Asian American and Native American entrepreneurs as well.
“Racial discrimination in any form, including so-called ‘affirmative action,’ is unlawful and violates the fundamental principle of equal protection under the law,” Mr. Uthmeier stated. His opinion, though not itself law, directs state agencies under his legal counsel to cease applying racial or gender criteria in contracting—a stance critics say flouts both statute and decades of state policy aimed at remedying historic exclusion.
The announcement, made on a holiday commemorating the nation’s most prominent civil rights leader, was widely criticized by Democratic lawmakers, civil rights organizations, and advocates for minority business owners, who accused the attorney general of performative politics aimed at exciting a conservative base.
“Choosing this day to launch an attack on efforts to create economic inclusion is deeply symbolic and deeply cynical,” said State Representative Fentrice Driskell, Democratic Leader in the Florida House of Representative. “This isn’t about law—it’s about ambition.”
Mr. Uthmeier, a native of Destin, Fla., and a close ally of Mr. DeSantis, recently announced his campaign to win a full term as attorney general.
“This opinion is a political document, not a careful legal analysis,” said Rachel Kleinman, a professor of constitutional law at Southern University. “It ignores the context of these programs, which are designed to counteract discrimination, not perpetuate it. For the state’s chief legal officer to refuse to enforce duly enacted laws is a remarkable breach of duty.”
Uthmeier's stance closely aligns with the policies of his former boss, Ron DeSantis, who as governor enacted sweeping legislation to eliminate race- and identity-conscious programs across Florida’s public institutions. This included a 2023 law curtailing diversity, equity, and inclusion initiatives in state universities, as well as the 2022 Individual Freedom Act—commonly known as the “Stop WOKE Act”—which restricted discussions of systemic racism and gender bias in educational and corporate settings.
The announcement has already sowed uncertainty among state procurement officers and business owners who rely on equitable access to public contracts. It remains unclear whether the legislature, which enacted the current diversity goals, will seek to challenge the attorney general’s position or amend the law.
He seems to forget that white women also benefit from these programs.
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