Statement on Imari’s Procurement Preference Act 21-0033

While I am disappointed that 21-0033 Imari’s Procurement Preference Act was recommitted back to the Public Safety and Government Operations Committee the other day, I am looking forward to working with Chairman Conway to ensure that this bill is successful.  He has made it clear that we will be working together to ensure all concerns are addressed and the legislation accomplishes the goals set forth by Imari’s family.

This legislation came to me from my constituents who live in Waverly. Imari was their brother, a Black trans business owner who was terribly discriminated against while trying to make it in business. He subsequently took his own life a few years ago. Imari’s family wanted a memorial to his efforts and this bill is that memorial. It codifies an executive order from previous mayors.

21-0033 establishes the LGTBQE Enterprise program, much like the MBE/WBE program to enable minority and women owned business contractors to bid on procurement contracts with Baltimore City. The Minority and Women Business Opportunity Office (MWBOO) will run the program. We amended the bill to call for a disparity study to take place two years from now to establish the goals of the program. 

This program would not take away from MBE/WBE program or goals. I was the chair of the Baltimore Hispanic Chamber of Commerce several years ago. My goal is NOT to take anything away from contracting for businesses owned by women and people of color. Imari’s Act is simply to add LGBTQ program to contracting. The word “Preference” in the title might be confusing. That’s a legal term, not a term that means the City would prefer LGBTQ over any other businesses.

I am also committing publicly that I will work hard to ensure that the MWBOO office has the capacity it needs to run and enhance the MBE/WBE program and also the LGBTQE program. I was very happy to see that there will be two new staff dedicated to the office in the budget we just passed. In addition, the City Administrator is clear that there will be reforms to procurement. I look forward to working with him and with the MWBOO office to make any changes and advocate for more funding for this office to ensure that these programs are fair, equitable, and efficient.

There was a suggestion to use the Small Business Local Enterprise program to include LGBTQ rather than do what we suggested in the legislation. Not only did this suggestion come after we voted the bill out of committee, but the Small Business Local Enterprise program established in 2016 is unconstitutional. We have a Law Department ruling that says we can’t stand this program up because small business is not a “trait” that you are born with that makes a business disadvantaged. While there may be concerns about the cost of a disparity study, the National LGBT Chamber of Commerce has worked with towns and cities like New York City, Nashville and others to create disparity studies that are low cost and effective. 

I look forward to the next steps in ensuring that we honor Imari’s legacy and PRIDE month in Baltimore.