Amid national DEI pushback, conservative think tank targets Cleveland’s diversity goals in city contracts

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Amid national DEI pushback, conservative think tank targets Cleveland’s diversity goals in city contracts
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A conservative-leaning think tank is challenging Cleveland’s efforts to ensure city contracts include minority-owned and female-owned businesses

CLEVELAND, Ohio – A conservative-leaning think tank is challenging Cleveland’s efforts to ensure city contracts include minority-owned and female-owned businesses and has already taken the city to court once to force the release of public records.

The Buckeye Institute has not yet filed a lawsuit targeting the city’s contracting practices themselves. But the organization has sued for records related to Cleveland’s Office of Equal Opportunity, which was created in 1977 to ensure city contracts included minority-owned, female-owned and small businesses. The group is now seeking the community benefits agreements the city negotiates with developers, which can include subcontractor hiring goals. The U.S. Supreme Court struck down affirmative action policies against Harvard University and the University of North Carolina in 2023, barring race as a factor in college admissions. David Tryon, the Buckeye Institute’s director of litigation, said Cleveland’s efforts may similarly violate the U.S. constitution. “We are requesting these records because we are concerned about the legalities of their actions,” Tryon told cleveland.com and The Plain Dealer. City spokesperson Tyler Sinclair said Cleveland has historically adjusted the rules now being examined by the Buckeye Institute. “The City has been following the law for more than 60 years dating back to the Civil Rights Acts of the 1960s and have made adjustments as necessary when laws change and as court rulings are made,” Sinclair said. Tryon said The Buckeye Institute first started requesting records in April. After a lack of response, the think tank sued Cleveland in July in Ohio’s Eighth District Court of Appeals. After mediation, Tryon said Cleveland released records in September and had to pay $1,000 in damages. He told cleveland.com the Buckeye Institute found records of Cleveland awarding contracts to firms that were not the lowest bidders. And he said the city provided a report used to justify the law based on past disparities, but it was more than 10 years old. Sinclair pointed out that the Buckeye Institute request was made by mail and, while legally sufficient, the city encourages use of its online records portal for faster responses. He said the request included “countless” pages to review, but the city provided the records. Tryon said they’ve requested more records on the deals Cleveland strikes with developers who receive public incentives. The Buckeye Institute setting its sights on Cleveland comes amid a national pushback against what some have called DEI initiatives, or diversity, equity and inclusion. Early last year Mayor Justin Bibb said Cleveland’s rules need to change amid a Supreme Court ruling and attacks on diversity, equity and inclusion more broadly.that Cleveland would have to make its goals more gender and race neutral, though he offered few details at the time.Sinclair said the city is continuing to work with the firm and explore next steps, adding that more details would be shared later. He said Cleveland is also considering an update to its disparity study. Council President Blaine Griffin updated his colleagues in a caucus meeting last week, letting them know that legislative changes may be forthcoming. Griffin told cleveland.com it’s too early to discuss those changes, saying the city is working to model itself off of other organizations that already changed their hiring goals. Griffin said Cleveland’s rules are not DEI. He pointed out that 48% of residents identify as Black and 13% as Hispanic. Those residents are footing the bill when Cleveland gives incentives to developers, and Griffin said the community deserves the opportunity to participate in the economic development funded by taxpayers.Griffin said Cleveland seeking out minority-owned and female-owned businesses for city contractors, similarly, is about giving residents opportunities to compete for work. Laws enacted in 1976 call for Cleveland to include hiring goals in city contracts, where contractors who do work for the city are required to subcontract with a certain number of minority-owned, female-owned and small businesses. An Ohio Supreme Court ruling struck down that requirement in 2019, so since then, the Office of Equal Opportunity only requires that companies make a “good faith” effort to hit those goals. To enhance those efforts, Council passed a new community benefits law in 2023 that extended to private construction projects. That law requires developers who receive more than $250,000 in city financial incentives to negotiate what’s called a community benefits agreement with Cleveland. Those agreements can include hiring more minority-owned firms — but they could also require developers to build public parks or to make a direct contribution to Cleveland’s community equity fund. Just under $166 million of city spending went to minority-owned, female-owned or certified small businesses in 2025, according to the mayor’s 2026 budget proposal. It’s an increase compared to 2024 and 2023. Councilwoman Stephanie Howse-Jones, who has been a staunch defender of Cleveland’s diversity efforts, said think tanks like the Buckeye Institute are ignoring decades of discrimination that has harmed Black and Brown communities. Governments shut minority-owned firms out of contracts for years, Howse-Jones said. Those systemic issues have caused generational harm, even if discrimination isn’t happening today, she said. “It’s amazing to me how people willingly ignore what governments and society have done in particular to Black people,” Howse-Jones said. She went on to say that “it is the city of Cleveland’s responsibility to restore what was broken.” Griffin said he is encouraged by many developers who want to do the right thing and are volunteering to add things like hiring goals and internships to their community benefits agreements.Sean McDonnell covers Cleveland City Hall for cleveland.com and The Plain Dealer. Prior to this role he covered the business beat. His focus, whether reporting on city government or the economy, is to write...

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