C&C Constr., Inc. v. Sacramento Municipal Utility District

*291Opinion

NICHOLSON, J.

Defendant Sacramento Municipal Utility District (SMUD) discriminates on the basis of race in some of its public contracting activities. This case presents the question of whether this discrimination is permissible under section 31 of article I of the California Constitution (hereafter section 31).

Plaintiff C&C Construction (C&C) moved for summary judgment on its complaint for declaratory and injunctive relief in which it alleged that SMUD’s affirmative action program, the 1998 Equal Business Opportunity Program, violates section 31, adopted by the voters on November 5,…