Something Bad Happened to John Goode

Pictured above: leading policy makers of the

city of Austin, Texas.

Today, the Campaign for a Color-Blind America expressed its deep disappointment at federal Judge Sam Sparks' dismissal of a racial discrimination suit filed against the City of Austin by an African-American BBQ seller who was improperly fired for not agreeing to accept special treatment based on his race. In a case that has raised the interest of the U.S. Senate, Mr. John Goode, the owner/operator of Mr. Bones BBQ, filed suit on March 6, 1998 against both the City of Austin and its contractor Fine Host Corporation for a wrongful and unfair dismissal that has left him destitute.

Mr. Goode sold BBQ and other products to patrons of Palmer Auditorium, the Austin Convention Center, and the City Coliseum in Austin, TX during special events from 1989 to 1996. In the Spring of 1996, the Austin City Council passed an affirmative action plan which required minorities seeking contracts or subcontracts to fulfill specific requirements in obtaining certification as a minority owned business. There were no such requirements, to our knowledge, for white contractors and subcontractors doing business with the City.

John Goode declined to certify himself as a minority owned business because he felt his BBQ could stand on its own merit and he did not want any special treatment on account of his race. He simply wanted to be included in the 75% of subcontractors who didn't have to prove minority status.

However, in an August 2, 1996 letter to Mr. Goode, Fine Host Corporation terminated its contract with Mr. Goode stating, "Due tot he lack of proof of M/WBE certification with SMBR (formally known as the Office of Minority and Business Affairs), and the fact that we do not show an application pending from Mr. Bones BBQ, nor do they show Mr. Bones BBQ as having ever been certified as a Minority/Women Owned Business Enterprise, we cannot continue this business relationship." They go on to state that, "Our commitment to the City of Austin is to do our best to maintain a 25% concession percentage with certified minority/women owned business enterprises. In order for your partnership to be included in our percentage you must be a certified M/WBE with the City of Austin department of Small and Minority Business Resources."

In other words, Goode was penalized for not accepting the "benefits" of affirmative action. He could have easily been included in the 75% of the remaining contracts, but he was never given that chance. As a result, Mr. Goode lost his business, his house, and now has nothing. Mr. Goode has even testified about his case before the U.S. Senate Judiciary Committee. However, despite this overwhelming evidence of racial injustice, Judge Sparks flippantly dismissed this very serious case. Keith Lauerman, an attorney representing Mr. Goode on a pro bono basis, said he is "I am verydisappointed with Judge Sparks' decision and am currently working on a motion to reconsider which I will file within ten days."

Campaign for a Color-blind America Executive Director Marc Levin said "I am profoundly disturbed that Judge Sparks would dismiss this case and, thereby, deny Mr. Goode the opportunity to present his evidence at a trial. I am simply stunned that, in the face of the tremendous amount of evidence of insidious racial discrimination against Mr. Goode, a federal judge would not even allow the case to go to trial. I hope that, for the sake of Mr. Goode and in the interest of equal rights and due process under the law, Judge Sparks will recognize his error and allow Mr. Goode to have his dayin court before a jury of his peers." The Campaign for a Color-Blind America is a 501(c)(3) not-for-profit organization whose Board includes nationally prominent civil rights activists, social scientists and legal scholars. The goal of the organization is to challenge race-based public policies and educate the public about the injustices of racial preferences. Since 1993, the Campaign has challenged racially gerrymandered voting districts throughout the country and race-based admission policies in public schools.