Gays to also get affirmative action in Metro contracting

Mayor  Briley Signs Historic Executive Order For LGBT-Owned Businesses, Affirms Inclusion As Recognized Category For Metro Procurement

Metro press release, 2-11-2019 - Mayor David Briley today signed an historic executive order for LGBT-owned businesses, affirming their inclusion as a recognized category for Metro Procurement. By signing the executive order, Mayor Briley makes Nashville the first city in the South to recognize LGBT-owned businesses.  

The signing is part of Mayor Briley’s mission to have Metro Government reflect the diversity of Nashville in its hiring practices, contracting and economic development opportunities, and through the delivery of equitable programs, services, and policies.
“It’s my job as Mayor to make sure that everyone in our city, regardless of who they are or where they come from, has equal access to economic opportunities,” said Mayor Briley. “Today, we’ve taken an important step towards better equity for LGBT-owned businesses in Nashville. I am proud to sign this executive order and look forward to seeing these Nashville businesses flourish.”

The executive order charges the Metro Purchasing Agent with the following:

1. Modifying the business registration documents related to procurement to allow for self-identification as an LGBT-owned business.
2. Developing a process to acknowledge LGBT certification and the National LGBT Chamber of Commerce (NGLCC) as the certifying entity, in collaboration with the Nashville LGBT Chamber of Commerce as their local affiliate.
3. Monitor and track usage of LGBT-owned businesses in the procurement of goods and services for the Metropolitan Government.
4. To the fullest extent permitted by Tennessee law and the Metropolitan Code, provide LGBT-owned businesses with similar programs and services as those offered to Minority, Service Disabled, Small, and Women-owned businesses in Davidson County to ensure such businesses are familiar with how to do business with the Metropolitan Government and are informed about procurement opportunities.

The executive order will result in consistent provision of critical capacity-building services for all vendors as well as Metro’s better understanding of the firms with which it does and could do business. By tracking LGBT-owned and certified businesses – and the contracts they bid for – Metro will be able to better understand the availability of LGBT firms and assess if it is contracting with them equitably. This change also sets the foundation for LGBT firms to be included in future official disparity studies.

“We are thrilled that Mayor Briley signed this much-needed executive order today,” said Joe Woolley, CEO, Nashville LGBT Chamber of Commerce. “This has been at the top of our advocacy list for quite some time. Mayor Briley embraced the idea and even put in a $25,000 grant to the Chamber so we could grow LGBT-certified businesses that were ready to do business with Metro. We are proud to see Nashville become the first city in the South to recognize LGBT-certified businesses.”

“Thanks to the leadership of Mayor Briley and of our local affiliate chamber, the Nashville LGBT Chamber of Commerce, LGBT entrepreneurs in the Nashville region will now have the opportunity to create jobs and develop innovations that benefit all who live there,” said NGLCC Senior Vice President Jonathan Lovitz. “We are excited to see LGBTBEs from all different fields help grow the economy of Nashville and beyond.” 

“This is a special day not just for my business and my employees but for me personally,” said Jack Davis, Founder of Good Neighbor Festivals. “My company prides itself on creating meaningful experiences, building communities, and bringing people together around shared interests. By signing this executive order, Mayor Briley has lifted Nashville up to a higher standard, deciding that in order for our city to truly succeed, we must build a more inclusive and loving community. Today marks a special moment in Nashville’s history, and one I won’t soon forget.” 

Today’s executive order is Mayor Briley’s latest step to spread economic opportunity and prosperity in Nashville to all people. The Mayor’s leadership in creating the Minority Business Advisory Council, the Equal Business Opportunity ordinance and Nashville GRAD are earlier testaments of his commitment to ensuring our city’s growth doesn’t leave anyone behind. 

Councilmembers Voice Support For Mayor Briley's Executive Order

Councilmember Nancy VanReece: When I moved to Nashville in 1986, I came as a small business owner and in my first decade here launched six additional successful startups. In 1998, I was one of the original members of what is now known as the Nashville LGBT Chamber of Commerce. Gay-owned small businesses like mine were not counted in disparity studies or offered assistance from organizations like the NGLCC. That stops now. As the first out woman elected to a legislative body in the State of Tennessee, I couldn’t be more proud of Nashville today, and I thank Mayor Briley for his leadership.

Councilmember Tanaka Vercher: As a city government, we must always strive to make sure we are representing everyone in our community. The executive order Mayor Briley signed today will allow LGBT-owned businesses in our city to have a fairer shake when it comes to doing business with Metro. It’s an honor to be here today as we continue to make Nashville a more diverse and equitable place for all who live here.

Councilmember Brett Withers: LGBT entrepreneurs and business owners played a pivotal role in revitalizing the historic neighborhoods in District 6 and greater East Nashville. Many were also pioneers in establishing the nascent Five Points Business district that today sustains residents and attracts visitors from around the world. As one of two out LGBT Councilmembers, I introduced pro-business legislation that changed Metro’s Codes to expand access to unisex bathroom facilities in Davidson County. I am proud of our city’s history of promoting inclusivity and appreciate Mayor Briley’s bold action to recognize the importance of our LGBT business owners.

Rod's Comment: We know how programs like this really work.  Agencies of Metro will be judged on how "inclusive" and "diverse" they are in their contracting programs and agencies will have to do periodic reports showing what percentage of their contracts were awarded to the preferred minority class.  This system ends up discriminating against one who is not in the preferred class.  If you are a person responsible for awarding contracts, you do not want to be identified as one who is hiring minority contractors at a rate lower than their representation in the community, so if you have two equally qualified and competitive companies submitting bids and you are low on contracts awarded to women or Blacks, you will be tempted to award the contract to the minority-owned firm.  This encourages quotas and reverse discrimination.

I do not know how this would work in treating LGBTQ people as a preferred class.  Not all gay people fly the gay flag.  It might be that they are gay or bisexual but it is not something that dominates their identity.  There sexual preferences may be a strictly private affair that they keep to themselves.  One can't tell a person's sexual orientation by looking at them. If one, a long time ago, had a single homosexual encounter, can he claim bisexual status?  What if one never had a homosexual encounter but briefly thought about it? Just as Elizabeth Warren identified as American Indian to advance her career interest, it may be beneficial for contractors seeking Metro contracts to identify as bisexual.  That is not something anyone could ever disprove.

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