Representative Pendarvis Seeks Clarity on North Charleston’s Small, Disadvantaged, Minority Business Program

July 27, 2023

4:40 PM

State Representative Marvin Pendarvis has formally requested an official opinion from South Carolina Attorney General Alan Wilson concerning the legality of the Small, Disadvantaged, Minority Business Program currently implemented by the city of North Charleston.

In the wake of the recent U.S. Supreme Court decision to end race-conscious college admissions, concerns have been raised about the implications of this ruling on other race-based programs. North Charleston’s Small, Disadvantaged, Minority Business Program aims to foster more contracts between the city and local businesses with annual revenue below $500,000. While the program accepts any small business below the threshold, regardless of whether it is minority-owned, its original intent was to increase diversity in the procurement process.

Following a letter signed by Attorney General Wilson and 12 other state attorneys general, which reminds employers that race cannot be a factor in hiring employees or contractors, Representative Pendarvis seeks an official opinion to ascertain the program’s compliance with state and federal laws.

The official opinion will address the following aspects:

The Legality
- The Attorney General will evaluate whether the Small, Disadvantaged, Minority Business Program adheres to the recent Supreme Court decision that terminated race-conscious college admissions.
Use of Terminology
- The program’s use of the term “minority” in its name will be scrutinized for any potential legal concerns or implications, particularly in light of the principles outlined in the letter signed by the Attorney General and other state attorneys general.
Compliance and Modifications
- If deemed necessary, the Attorney General’s official opinion will highlight specific modifications or adjustments required for the program to remain in compliance with state and federal laws while still

Representative Pendarvis expressed that he is dedicated to upholding principles of justice, fairness, and equal opportunity for all businesses in the state. The official opinion from the Attorney General’s office will provide clarity on the future of North Charleston’s Small, Disadvantaged, Minority Business Program and its continued impact on the local c ommunity.

“We believe that seeking this official opinion is a crucial step in ensuring that the program operates within the bounds of the law while encouraging diversity and supporting local enterprises,” said Representative Pendarvis.

As a State Representative, Representative Pendarvis is committed to making informed decisions and representing the best interests of constituents. The opinion from the Attorney General will aid in making informed choices about the future of similar programs and ensure that historically disadvantaged groups have full access to opportunities within the city.