Revised City of South Bend Disparity Study Report

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City of South Bend Disoarity Study 2020 There is no requirement that anecdotal testimony be "verified" or corroborated, as befits the role of evidence in legislative decision-making, as opposed to judicial pro- ceedings. "Plaintiff offers no rationale as to why a fact finder could not rely on the City's 'unverified' anecdotal data. Indeed, a fact finder could very well conclude that anecdotal evidence need not— indeed cannot— be verified because it 'is nothing more than a witness' narrative of an incident told from the witness' perspective and includ- ing the witness' perception." 112 Likewise, the Tenth Circuit held that "Denver was not required to present corroborating evidence and [plaintiff] was free to present its own witnesses to either refute the incidents described by Denver's witnesses or to relate their own perceptions on discrimination in the Denver construction industry."113 To explore this type of anecdotal evidence of possible discrimination against minori- ties and women in the City of South Bend's geographic and industry markets and the effectiveness of its current race -neutral measures, we conducted a public meeting, and business owner and stakeholder interviews in person and by telephone, totaling 110 participants. 114 We met with a broad cross section of business owners from the City's geographic and industry markets. Firms ranged in size from large national busi- nesses to established family-owned firms to new start-ups. We soughtto explore their experiences in seeking and performing public and private sector prime contracts and subcontracts with the City, other government agencies, and in the private sector. We also elicited recommendations for effective measures to reduce barriers and create equal opportunities. A. Business Owner Interviews The following are summaries of the issues discussed. Quotations are indented and may have been shorted for readability. The statements are representative of the views expressed over the many sessions by many participants. Many minority and women owners reported that they continue to encounter dis- criminatory attitudes, stereotypes and negative perceptions of their qualifications, professionalism and capabilities. The assumption is that minority firms are less qualified. While sometimes subtle, 115 these biases impact their attempts to obtain City and private sector contracts. I don't market that I have an MBE.... A lot of times, if I say "Hey, I'm an MBE firm", I don't get the work. 111. Engineering Contractors Association of South Florida, Inc. v Metropolitan Dade County, 122 F.3d 895, 926 (11th Cir. 1997) ("Engineering Contractors 11"). 112. H.B. Rowe Co., Inc. v Tippett, 615 F.3d 233, 249 (4th Circ. 2010). 113. Concrete Works of Colorado, Inc. v. City and County of Denver, 321 F.3d 950, 989 (10th Cir. 2003) ("Concrete Works IV'), cert. denied, 540 U.S. 1027 (2003). 114. Meetings were held on June 8, 2018; November 16, 2018; December 5, 2018; and March 20, 2019. 115. See, e.g., http://www.sciencedirect.com/science/article/pii/SO191308509000239. 44 0 2020 Colette Holt & Associates, All Rights Reserved.