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Suit hits Nebraska anti-affirmative action petitions

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By MELISSA LEE / Lincoln Journal Star

Friday, Sep 12, 2008 - 05:07:56 pm CDT

Opponents of an effort to ban racial and gender preferences in Nebraska announced their latest legal maneuver Friday — the same day Secretary of State John Gale was due to certify the Nov. 4 election ballot.

University of Nebraska-Lincoln student Jeff Hall and 2008 UNL graduate Eva Sohl filed a lawsuit in Lancaster County District Court Thursday challenging the validity of 40,228 petition signatures gathered to help place the affirmative-action ban on the ballot.

Hall and Sohl say they have evidence the signatures were gathered fraudulently and that they should be thrown out.

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But the Secretary of State’s office said Friday Gale has included the affirmative-action ban, dubbed the Nebraska Civil Rights Initiative, on the ballot.

That means if Hall and Sohl’s lawsuit succeeds, votes on the affirmative-action ban simply won’t be counted.

“This challenge is about respect for the laws of Nebraska,” said David Kramer, campaign director and lead counsel for Nebraskans United, the pro-affirmative action group with which Hall and Sohl are affiliated.

“In order to protect Nebraska’s Constitution from attack by out-of-state interests and in order to protect the integrity of Nebraska’s initiative process, Hall and Sohl have brought suit to expose the widespread pattern and practice of fraud perpetrated on Nebraska citizens during the recent signature-gathering period,” Kramer said in announcing the lawsuit.

Nebraskans United previously has presented video, photo and audio evidence the group says proves signature-gatherers for the Nebraska Civil Rights Initiative committed petition fraud by leaving petitions unattended, failing to read the initiative’s full “object statement” and other violations.

For example, Hall and Sohl’s court filings claim one petitioner in Hayes County fraudulently told voters they could sign for their spouses.

Nebraska Civil Rights Initiative executive director Doug Tietz dismissed the lawsuit as a last-ditch effort aimed at stifling voters’ voices.

“This is eleventh-hour. This is 11:59 p.m. is what it is,” Tietz said. “To call this a lawsuit does a disservice to lawsuits.”

Tietz has repeatedly said all signature-gatherers were properly trained.

“We set up a training program to make sure they did it right,” he said.

The initiative needed about 112,000 petition signatures to qualify for the ballot. Initiative leaders submitted about 170,000 signatures to Gale’s office in July, and last month, Gale announced 136,589 were valid, easily enough to put the initiative before voters.

But Kramer vowed then his group would keep fighting.

Hall, in fact, has taken the issue to court once before: In July, he asked a judge to amend the wording of the Nebraska Civil Rights Initiative to explicitly say that it would ban programs that provide opportunities for women and minorities, rather than simply saying it would prohibit racial and gender preferences.

But the judge kept the initiative’s wording intact.

Similar bans on race- and gender-based affirmative action have passed in California, Michigan and Washington.

Five more states — Nebraska, Colorado, Arizona, Missouri and Oklahoma — were targeted this year, but the initiatives remain alive only in Nebraska and Colorado.

Supporters say the need for racial and gender preferences has passed. Opponents, including many leaders at the University of Nebraska, say affirmative action programs are necessary to help maintain diversity and that a ban could send a negative message to out-of-staters.

Reach Melissa Lee at 473-2682 or mlee@journalstar.com.


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Billy Bob wrote on September 12, 2008 10:07 am:
" What are you afraid of Nebraskans United ? I hope this passes. "
Question wrote on September 12, 2008 10:20 am:
" Why is it that Kramer does not want this to be voted on by Nebraskans, spend your money trying to convince Nebraskans not to vote for it. If it goes to a vote and passes it will certainly call into question our requirements for petitions, as a petition that is favored by a majority should not face so many hurdles. "
Gerard Harbison wrote on September 12, 2008 10:22 am:
" Desperation move. Kramer and his leftist friends know they'll go down in flames in November; their only chance is to find some activist judge willing to take the issue out of the voters' hands. "
MarkyMark wrote on September 12, 2008 10:30 am:
" "The initiative would prohibit state and local governments from giving preferential treatment to people on the basis of race, sex, ethnicity or national origin."

We already have this law on the books. It's called Affirmative Action. "
Hmmm... wrote on September 12, 2008 10:36 am:
" Something needs to be done. This "affirmative action" thing keeps a lot of people, and in some cases, more deserving people, from getting decent jobs. Companies are afraid to hire a more qualified person because they have to give the job to a minority. Those days are over. Hire the better qualified person to get the job done! We NEED this to go forward ! ! "
Lincolnite wrote on September 12, 2008 10:55 am:
" This is shameful. This coming from the folks that always want the people to be heard...err...except for when they don't think/vote the way they do. "
Special Privileges wrote on September 12, 2008 11:01 am:
" Internal polling indicates that this will pass by a huge margin - if it makes it onto the ballot - so we'll try and monkey-wrench it any way we can. The will of the voters should take a back seat to special privileges for us. "
Eric wrote on September 12, 2008 11:21 am:
" What a crock. The thousands of signatures scream for the right to decide and one miniscule, fear mongering group decides we were duped. Im thinking its time to start suing these clowns for infringing upon our rights to decide. "
J wrote on September 12, 2008 12:11 pm:
" EMPLOYERS DON'T HIRE SOMEONE JUST BECAUSE THEY ARE MINORITY! Minority status is ONLY considered when ALL OTHER THINGS ARE EQUAL. As someone who works in HR, I can tell you that the odds of that are few and far between.

Sorry if you're bitter about not getting a job and you view yourself as a victim of reverse-discrimination, but the truth is that person was probably just more qualified. "
Andrew wrote on September 12, 2008 12:27 pm:
" If this passes it will do wonders for the economy and will show that Nebraska is willing to make progress on things that count "
Righties wrote on September 12, 2008 12:28 pm:
" If the righties wanted all people to be treated equally, they wouldn't be forcing this initiative down our throats.

The only thing the current Affirmative Action laws we have ensure that you cannot discriminate against someone because of race, sex, etc. You have to base your hiring according to who is most qualified and not if they look like you. That insures that the best qualifed person gets hired. THERE IS NO QUOTA SYSTEM! That is a right wing myth!

What the initiative supporters want is to make sure the good ol' boy hiring network comes back so they can only hire white, republican voting males.

Even if it does pass in the state, employers that have contracts with the gov't or do work for or with companies outside the state still have to follow the Federal Affirmative Action laws! This is more of a feel-good initiative for the good-ol' boy whities.

Hope Kramer wins.

BTW, did you know that he is a republican and filled a temp nvacancy in the US Senate for Nebraska a few years ago? "
Alan wrote on September 12, 2008 12:32 pm:
" If I had any doubts about how to vote on this issue Kramer has cleared them away with this latest stunt. Let the people vote! "
Hartman wrote on September 12, 2008 12:49 pm:
" I think it's pretty telling that a group does not even want this initiative put to a vote. If they felt that there was nothing to fear in a majority vote, they would not fight this in court. It's special interest protection at its finest. "
Scared... wrote on September 12, 2008 12:59 pm:
" Sounds like some people are getting scared to keep this off the ballot. What, could they be worried that losing affirmative action would level the playing field for potential employees???

Employers should base hires off of qualfications, not quotas. "
Jon wrote on September 12, 2008 1:03 pm:
" Just let the people vote, let us decide. Quit waisting time and money and just let democracy work.m "
Brian wrote on September 12, 2008 1:10 pm:
" Some people will do anything they can to prevent equality.

If affirmative action was followed in it's original intent, we wouldn't have this issue reappearing. Nebraska United is a misleading, propaganda title for the group, it should be Nebraska Divided. "
David wrote on September 12, 2008 1:40 pm:
" If affirmative action works so well, why is the NBA 85% black?
If affirmative action workds so well, why are some scholarships offered ONLY if you are non-white?

Keep in mind, there are far, FAR more poor white people than people of color. Yet these programs GUARANTEE that white people WILL NOT get these scholarships. "
There you go... wrote on September 12, 2008 1:49 pm:
" "Minority status is ONLY considered when ALL OTHER THINGS ARE EQUAL." So, all things being equal, I lose out to a woman, african American, handicap, etc. because I was unfortunately born a white male???

Yup, doesn't seem like discrimination. Say what you will but that IS discrimination. If everything else is equal, then why should your race, sex, etc. be a deciding factor??? "
Typical wrote on September 12, 2008 2:05 pm:
" Why not let people vote? What are we so afraid of? Let the citizens have their say!!

Besides, given that this is Nebraska, even if this does pass the courts will disregard the will of the people of strike it down "
Gerard Harbison wrote on September 12, 2008 2:08 pm:
" Kramer is indeed a Republican, but I'm afraid his collaboration with the ACLU and other even more extreme leftist groups within Nebraskans United have destroyed any chance of statewide office for him. "
Fraud wrote on September 12, 2008 2:08 pm:
" The point is these out of state paid circulators broke our laws. Come on, they had people sign the petition for their spouse. That is illegal. Regardless of your position on the issue the point is these people have broken laws in four other states, and now did so in Nebraska. "
J wrote on September 12, 2008 3:39 pm:
" To "Typical": very, very, very rarely is someone's minority status called into play as a means of deciding who gets the job. I would guess it's less than 1% of the time. Diverse viewpoints are what keeps business doing well. If we all just hired the same people, then we would just go around saying "yes" to each other all day long. Nothing would get done and not positive change would ever come about. "
Gerard Harbison wrote on September 12, 2008 5:04 pm:
" "" To "Typical": very, very, very rarely is someone's minority status called into play as a means of deciding who gets the job. I would guess it's less than 1% of the time. Diverse viewpoints are what keeps business doing well. If we all just hired the same people, then we would just go around saying "yes" to each other all day long. Nothing would get done and not positive change would ever come about. ""

Here at UNL, according to the Faculty Senate's own diversity report, it was more like 30% of the time. You can't have it both ways, folks. If preferences are almost never used, then eliminating them will have almost no effect, and there no good reason to object to NCRI. "
BicycleMike wrote on September 12, 2008 5:36 pm:
" I think people are missing the point here. Manya are berating the the people for filing the lawsuit as well as making their point very clear on their position about affirmative action. This story is not about pro/con or for/against affirmative action. It's about the rule of law and individuals petitioning the court for redress. It's the rule of law, the lawsuit may have not standing or it may indeed prove valid. We should all be glad we have the ability in this county to argue what we feel unjust. Again, this has nothing to do with your views on affirmative action, it's about rule of law. "
Eric wrote on September 12, 2008 5:55 pm:
" For all you fear mongering citizens out there. This WILL NOT have an effect on hiring. Period. Hiring is governed by FEDERAL law. It will still be illegal to discriminate in hiring since that is FEDERAL. Why dont you people think before you post. This will only cover state issues. "
Skeptic wrote on September 12, 2008 5:55 pm:
" To Gerard Harbison: Have you ever worked in the private sector? As a professor with tenure, you are protected from the insecurities that most of us face. In 47 states, workers ccan be fired at will. That's why many of us do not sign our name on these blogs. "
Democrat wrote on September 12, 2008 7:21 pm:
" Check this out. http://nadc.nol.org/ccdb/search.cgi?page=formb1&IDNO=08BQC00186&OFFREC=06/30/2008. this is from the Nebraska Accountability Commission.
Look at the names that have been paid and were the money is coming from! "
NEPROUD wrote on September 12, 2008 9:56 pm:
" what is it with the automatic assumption of the "more qualified" person being a non-minority. Quotas are not in play. they have been illegal since the 70's! (look up the lawsuits) the right wingers are the ones who are afraid. afraid of educated, successful women and minorities. that's why they started this in the first place. how dare these close minded individuals use CIVIL RIGHTS.( talk about a misleading title for a group) They mock the term. i do have one question though; if this absurd initiative passes, yet, minorities still continued to flourish, what will Harbison, TIetz, and the rest of the fearful few do to make sure that doesn't happen? "
rule of the law wrote on September 12, 2008 10:04 pm:
" well, bicyclemike, the rule of the law is only good when it applies to you. IF this passes, i can't wait to start a petition to reverse it. afterall, NE seems to love those petitions. "
Juan wrote on September 13, 2008 12:44 am:
" "Let the will of the people decide?" Go back and look at the brilliant rules set in place that protect minorities with a system that was designed to slow things to a snail pace - with multiple checks and balances. What are all these people so afraid of - is it insecurity that the ruling elite will lose power, or what? "
I wrote on September 13, 2008 1:17 am:
" Considering Nebraska's minority population is, oh, 14.5% of the total population ( including, Native American, Asian, Black, Hispanic) I don't understand why Nebraskans feel the need to end affirmative action. Heck, the chances of minorities applying in mass for any one job is nil. But then again, I must remember that Nebraska is a "Red(neck)" state. "
Wow wrote on September 13, 2008 6:28 am:
" So something really inportant like getting rid of affirmative action shouldn't be voted on by the people. But bring up moving the state fair and oh my gosh why didn't the people get to vote. Common people. "
answer to question wrote on September 13, 2008 6:30 am:
" i don't know about nebraska united, but i don't want this to come to a vote for two reasons.

1. people have a lot of misconceptions about what affirmative action is and what it is not. it is not 'quotas', it is not hiring someone unqualified over someone qualified. the most common objections to affirmative action have been found unconstitutional in courts - they don't exist and if there is an attempt to do these acts in the name of affirmative action there is legal recourse and the constitution and courts are on the side of not allowing that practice.

it is about 'leveling the playing field' in a society where maleness and whiteness provides a group of people with an advantage. there is a built-in preference system for white males and affirmative action attempts to even out the preferences. it has been and will continue to be needed to offer opportunities to those who would be unfairly counted out. those of you supporting palin/mccane take note that palin gives a lot of credit to title 9 for her ability to compete in sports and develop the competitive skills to do well in politics. those of you with daughters, sisters, nieces ought to also take note of the benefits of these programs.

2. there are enough racist people in nebraska that this could pass. democracy is good but it allows the majority to enact law and policy that discriminate against the minority which you can see in our history of the u.s. and which this bill would do in nebraska. the fact that racism and sexism exist today is the reason we need 'affirmative action' type programs. "
taxpayer wrote on September 13, 2008 7:15 am:
" NU claims it wants to upgrade the quality of its faculty, but also wants to make it more diverse by hiring less qualified people because of their race or gender. What a crock... "
Gerard Harbison wrote on September 13, 2008 7:40 am:
" How dare NEPROUD suggest that a petition that does nothing but ensure equal treatment by law is motivated by racism. What sort of upside-down logic is that? Why is this poster so convinced that some groups cannot survive equal treatment, and which of us is the real racist? "
EthicalONE wrote on September 13, 2008 8:59 am:
" Here's a fact opponents of AA can chew on...since Michigan repealed AA a couple of years ago, minority enrollment at Grand Valley State University has DROPPED 30%! Is this really what we want for Nebraska?? And quit using the tired argument that AA is reverse racism. What a joke. Its merely a checks and balance system that is NECESSARY because TOO MANY people in a position of power wont hire females or male minority's if they dont have to. Hate is a learned value....LOSE IT! "
To NEPROUD wrote on September 13, 2008 9:47 am:
" When this passes and minorities and women flourish (both will happen), it will prove that racial and sexual discrimination as practiced by the government (AA) is not needed. "
Harry the Antenna Guy wrote on September 13, 2008 10:01 am:
" Ah, yes. The liberal socialists are worried that their nifty preferences afforded through affirmative action will go away. Preferences are wrong. Preferences are what affirmative action is supposed to correct by imposing another wrong on a different group of people... As far as the money coming in from other places to support this drive, so what? What is the big deal about that? Our economy is always wanting people to spend their money here. If this vote is bad for Nebraska, we will vote it down (but don't count on it). For all of you socialists who keep crying foul, quit stalling. The anti-equity affirmative action laws need to go away. Affirmative action is discrimination - reverse discrimination. Two wrongs do not make a right. I refuse to take responsibility for the actions of one, two, or more generation's actions have placed on other people. It is not my problem and the current generation of 'protected classes' shouldn't be afforded special benefits because of the past.... As far as this law suit goes, it is a desperation attempt. I am disgusted by legal maneuvering (more appropriately defined as legal manure). Lawyers have build our legal system for them so that the common person can't possibly operate in it and they continue to twist it around to abuse people. We, the people, need a new affirmative action to discriminate against lawyers. Who is watching out for the common person? "
Jim wrote on September 13, 2008 10:18 am:
" While I haven't made up my mind on the specific ballot question yet, would it be too much to ask my "Democratic" colleagues to allow me to vote on it? That would be democratic, after all. "
Very good question wrote on September 13, 2008 10:24 am:
" If you are truly an academic, with an understanding of science, you cannot deny that racism and sexism exist in our society. Affirmative Action is holding institutions accountable for that demonstrated fact. Getting rid of Affirmative Action will take us back to where we have been, with white men getting the benefit of the doubt. Why are YOU so afraid of surviving equal treatment? Why do you so vehemently desire to prolong a system where white men benefit from an unequal distribution of power? Are you afraid that your accomplishments are undeserved? You got them only because you're white and male and not REALLY qualified? Your tenure is a sham perhaps? or are you not really that qualified and have to believe that other people are getting jobs only because of their race or gender? What is really in your heart? Justice and equality as you spout, or Racism you don't want to accept or admit? "
EthicalONE wrote on September 13, 2008 10:34 am:
" Another interesting thought....how many white males have actually not been chosen for a job because of AA compared to how many women or male minority's that have not gotten a job to a white male(assuming they have equal qualifications)!?! I would bet the farm there is a huge disparity, with the minority side getting the short end. "
Harrys right . . .kinda wrote on September 13, 2008 10:36 am:
" He says "Preferences are wrong. Preferences are what affirmative action is supposed to correct by imposing another wrong on a different group of people."

You basically just say that preferences are wrong and that white men have been the beneficiaries of 'unspoken preferences' and that affirmative action is an effort to correct that unfair preference given to white men. very good. where you are wrong is in stating that an action used to correct that wrong is wrong. the actions to correct that wrong are right if you also maintain a belief in equality and justice. Think of it like this you and Bob work together and each week you earn $1000. Each week Bob has been getting $800 and you have been getting $200. At some point you're going to get tired of this and let's say you are able to institute a rule that says you and Bob will each get $500. This is fair right? except now Bob is feeling cheated because instead of $800 per week now he's only getting $500. The fact you are feeling cheated by A.A. demonstrates the fact you have had a preference system in place and now AA is giving equal opportunities. "
Just wondering wrote on September 13, 2008 10:40 am:
" If the administration at UNL is so racist, why don't we demand that they be fired. "
Actually wrote on September 13, 2008 10:46 am:
" "If you are truly an academic, with an understanding of science, you cannot deny that racism and sexism exist in our society."
If you are truly an academic, with an understanding of science, you don't proclaim what a true academic, with an understanding of science, can or cannnot deny. "
Racists Unite wrote on September 13, 2008 11:41 am:
" Oh! Looks like you already have. "
Still Not Agreeing.. wrote on September 13, 2008 11:51 am:
" I know this is a last ditch effort, however, it has a point. I was approached to sign the petition and I wasn't read what was on the petition. I was told, "It's so everyone has a fair chance at getting a job." When he mentioned minorities, I asked who that meant. He said, "You know, blacks and Mexicans."

This entire thing leaves a sour taste in my mouth... "
Future looks bright wrote on September 13, 2008 2:55 pm:
" Soon we will have drugs to alter melanin production and distribution in the skin. You will choose what color your skin is and be able to alter it according to your desires. Then we will all look back at these debates and laugh. "
BobL wrote on September 13, 2008 2:59 pm:
" Every good Nebraskan knows that no black, Hispanic, Asian person is equal to or better qualified than any white person. Therefore to codify opportunity for minorities is on its face reverse discrimination. "
Well actually wrote on September 13, 2008 6:19 pm:
" If you are truly an academic, with an understanding of science, you don't proclaim what a true academic, with an understanding of science, can or cannnot deny. "

Interesting statement, but false. There is such a thing as bad science. There are many 'theories', there are many debates withing the various scientific fields over what we 'know' and what we are not sure we 'know', but 'science' is not so given to opinion as your statement suggests. We do know more than everyone has their own idea about how things work and since we're all equal as humans they are all just different viewpoints one no more and no less true than the other.

There is an overwhelming amount of data and numerous studies in every social science field that 'suggest' there is prejudice and discrimination. I don't know of ANY social scientist who would make the claim it does not exist. Of course there are debates over methods, data, analysis but the fact discrimination and prejudice exist are pretty well accepted. "
a mom wrote on September 14, 2008 12:09 am:
" I signed this petition and there was nothing fraudulant about it! The whole point of this government is that it is supposed to be for the people by the people. I am getting extremely frustrated with my votes and signatures not counting. "
to well actually wrote on September 14, 2008 12:19 am:
" While there is in fact plenty of evidence that discrmination and prejudice exist, there are also plenty of studies to show it works in reverse as well. I absolutely believe that no one should be treated differently based on race, gender etc. That includes everyone. Male, female, hispanic, african american, asian, and even whites! "
Just a thought... wrote on September 14, 2008 1:19 am:
" For those of you who don't believe in the idea of "white privilege", I suggest three readings:

1. When Affirmative Action was white - Ira Katznelson
2. White Privilege Shapes the US by Robert Jensen -http://uts.cc.utexas.edu/~rjensen/freelance/whiteprivilege.htm
3. White Privilege: Unpacking the Invisible Knapsack http://seamonkey.ed.asu.edu/~mcisaac/emc598ge/Unpacking.html "

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