Local Politics: Deleting diversity from the Columbus Code will not save us

Columbus City Council is making changes to Chapter 39 of the City Code again. In late 2023, the Council enacted changes to this chapter, modifying the requirements for businesses to take part in programs through the Office of Diversity and Inclusion.

At that time, the changes created the Small Regional Business Enterprise (SRBE) classification and removed the Small Local Business Enterprise classification. The citizenship requirement for certification was removed as well.

Public comments regarding the changes included opposition from some who felt non-citizens shouldn’t be entitled to take part in these city programs. Councilmember Nick Bankston spoke on the issue, explaining that the change was being made to ensure that all business owners who pay taxes to Columbus could take part in the programs offered by the city. He tied the changes into City Council’s work addressing inequality, saying, “We have work to do. Fundamentally, how we are operating our system, how we are operating our city, is still embedded in systemic racism.”

New changes to this same part of the law call into question whether council has any commitment to doing the work Bankston described. According to the fact sheet accompanying the legislation, the code change is being requested by the Office of Diversity and Inclusion. The purpose of the change is to “update, clarify, and expand Title 39.” It goes on to state that the revisions are needed to formalize the Director’s authority to issue and enforce program regulations via a Program Manual. There are a lot of other words that seem carefully crafted to describe what is being done while not actually explaining why or what the practical results will be.

But one of the changes is to remove the entirety of this section:

3902.04 Workforce diversity.

The City of Columbus believes that a diverse workforce drives economic growth, fosters greater creativity and creates a more dynamic and innovative workforce. Additionally, the ethnic and gender workforce composition of the City of Columbus should reflect the diversity of the residents that make up the population of the City of Columbus. As the City attracts, retains, and develops talent, the City will focus on new and innovative ways to help ensure that diversity is a part of that process and that the diversity of the City workforce reflects that of the City population.

The Office of Diversity and Inclusion Director, in conjunction with City departments and management, may develop guidelines, initiatives and programs to help advance the objectives of this section.

And to replace it with this:

3902.04 Workforce development.

The City of Columbus believes that a dynamic workforce drives economic growth, fosters greater creativity and creates a more innovative workforce. Additionally, the workforce composition of the City of Columbus should reflect the socioeconomic makeup of the residents it serves. As the City attracts, retains, and develops talent, the City will focus on new and innovative ways to help ensure that representation is a part of that process and that the City workforce is reflective of the City population. The Office of Diversity and Inclusion Director, in conjunction with City departments and management, may develop guidelines, initiatives, and programs to help advance the objectives of this section.

The new version struggles to convey any information but does somehow make it very clear that the city is no longer openly committed to diversity in its workforce.

A change to the financing assistance section (3903.05) related to small businesses also erases the term Minority Business Enterprise/Women Business Enterprise, replacing those references with either Small Regional Business Enterprise or Regional Business Enterprise. 

This law currently gives the city authority to offer financial assistance programs to minority- and woman-owned businesses. With these changes, it appears that the financial assistance programs will instead be available to almost any Ohio business.

Contractors currently doing business with the city are required by section 3903.10 to use good faith efforts to replace an MBE/WBE subcontractor who is not performing as intended with another MBE/WBE subcontractor. The changes to this section again remove the references to MBE/WBE and replace them with “program member subcontractor.” This means that, based only on this law, a contractor can fire a subcontractor owned by a minority or woman and replace it with almost any subcontractor doing business in Ohio.

It is fairly obvious that the city is making these changes to placate President Donald Trump in an attempt to maintain federal funding (other cities have taken similar actions). The Trump administration demanded that cities roll back decades of work aimed at offsetting a fraction of the disadvantages faced by minorities or risk losing federal money, and Columbus got right to work.

The Office of Diversity and Inclusion can of course use its “programs manual” to create diversity targets that aren’t defined in the city code. But how long will it take for an angry right-wing contractor to bring the diversity targets to the attention of this federal administration? 

Even if nothing like that happens, these changes to Chapter 39 do not protect the city’s federal funding eligibility. A week or two from now, Trump may demand the city take a whole new set of harmful actions in order to remain eligible for the same funds. Fascists typically do not make a few harmful demands and then go home and let everyone return to normal. Council’s willingness to capitulate by erasing visible diversity initiatives is frightening.

End note: these code changes can be found in Council Ordinance 2116-2025. A public hearing is scheduled to take place at City Hall at 5 p.m. on Tuesday, Aug. 26.