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Supervisor Mandelman seeks repeal of San Francisco's contractor travel ban on anti-LGBTQ states

April 17, 2023 | San Francisco County, California


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Supervisor Mandelman seeks repeal of San Francisco's contractor travel ban on anti-LGBTQ states
San Francisco County's Board of Supervisors is considering a significant change to its administrative code that could reshape the city's approach to travel and contracting with companies based in states with restrictive laws on LGBTQ rights, reproductive rights, and voting access. The proposed repeal of Chapter 12X, which currently prohibits city-funded travel and contracts with such states, was introduced by Supervisor Rafael Mandelman during a recent meeting.

Mandelman highlighted that the original intent of Chapter 12X was to boycott states that enacted discriminatory laws, following the U.S. Supreme Court's decision on same-sex marriage in 2015. However, he noted that the anticipated coalition of progressive jurisdictions to challenge these laws has not materialized, and the effectiveness of the ban has come into question. A report from the budget legislative analyst revealed that city departments have frequently circumvented the ban through waivers, resulting in significant expenditures—over $791 million in contracts with banned states since the law's inception.

The supervisor pointed out that the administrative burden of enforcing Chapter 12X has led to unintended consequences, such as hindering the city’s ability to engage with historically black colleges and universities (HBCUs) and limiting economic development opportunities. He argued that repealing the ordinance could enhance competition for city contracts, reduce costs, and ultimately better serve the community by allowing for more inclusive procurement practices.

Mandelman emphasized that the repeal could also align with the city’s social policy goals by fostering connections with communities affected by restrictive laws elsewhere. He expressed concern that the current prohibition does not effectively support vulnerable populations in banned states and may be counterproductive to San Francisco's values.

As the Board deliberates on this issue, the potential repeal of Chapter 12X raises important questions about how the city balances its commitment to social justice with practical governance and economic efficiency. The outcome of this discussion could have lasting implications for San Francisco's contracting practices and its role in advocating for civil rights across the nation.

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