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Not 'No' but 'Not yet' – Fort Myers keeps minority business law – for now

The Fort Myers City Council didn’t say ‘No’ to Tallahassee over its latest edict to eliminate all traces of DEI from city government.

But it did say ‘Not yet’.

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Council members agreed to hold off on rescinding the city’s Minority Business Enterprise ordinance, which is designed to boost minority participation in city work. The new state law goes into effect on January 1, 2027.

DEI stands for diversity, equity, and inclusion, and is a framework aimed at creating fair, respectful and inclusive environments where individuals compete on level ground.

The city has had an MBE ordinance since 2003. A minority-owned business that bids within 7% of the low bid would receive a contract under $25,000, with contracts above $25,000 awarded if the bid is within 6%.

The ordinance also requires bidders on major projects to make a good faith effort to hire 15% minority contractors.

Senate Bill 1134, passed largely along party lines, is a general bill entitled “Official Actions of Local Governments’. It voids all policies aimed at Diversity, Equity and Inclusion.

The new law came on the heels of multiple anti-DEI presidential executive orders.

The law also declares that any board or council member of a county or town that has such policies is committing malfeasance or misfeasance in office.

Elected officials who commit misfeasance or malfeasance in office can be removed by the governor.

Some council members used to state threats

Not that that’s a new thing for Fort Myers council members.

When the council deadlocked 3-3 on whether to have city police work with Immigrations and Customs Enforcement (ICE) back in May of 2025 Gov. Ron DeSantis, Attorney General James Uthmeier and Congressman and gubernatorial candidate Byron Donalds threatened the ‘no’ voters with removal or even prosecution.

Internet trolls went further, and some council members received increased police protection.

Mayor Kevin Anderson called an emergency meeting a few days later and the agreement was approved.

Activists still show up at regular meetings urging council to terminate the agreement.

That wasn’t the only time Tallahassee took a hand in city affairs. In February of 2025, council had voted to keep adding fluoride to city water.

In May, the state banned fluoride additive across the state.

Some council members have had enough.

Council members bemoan state over-reach

“We are losing our ability to use home rule to protect the people of our city,” Councilwoman Diana Giraldo said.

Others looked for a work-around of the new state law.

“Is there something we can look into to continue to be inclusive with contracts in the city?” Councilwoman Teresa Watkins Brown asked.

City Manager Marty Lawing and Acting City Attorney Richard Dent said they would look into it before the Jan. 1 deadline.

Former Councilman Johny Streets, a retired city police officer, said he was disappointed.

“I’m a product of DEI and affirmative action and I don’t think any of you are disappointed in me,” he said.

He said he sees the state and federal governments usurping city authority.

“The people who are supposed to represent us in Tallahassee represent themselves,” Streets said.

Streets bemoaned the current divide in the country, urging council members to look at who is dividing the country and why.

Former councilman – Make America America again

“I don’t want to hear this mess about Make America Great Again,” he said. “Make America America again.”

Retired professor and consultant Lodovic Kimble echoed the sentiment. He said DEI programs were designed to level the playing field and help create equality.

“It’s never done that,” he said.

‘Blatant racism’

Kimble said the state edict is not designed to make things fair.

“It’s nothing but a form of blatant racism,” he said.

Council agreed unanimously to not rescind the DBE ordinance now. Council did the same thing with its Local Business Enterprise ordinance, designed to boost locally owned businesses.

“It’s a direct economic punch to local businesses,” Giraldo said. “Local businesses pay taxes to the city. They live in the city.”

Lawing said the local preference is seldom used, but in these uncertain budget times the city isn’t looking to pay more for services.

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Charlie Whitehead covers Lee County and Fort Myers. Reach him at Cwhitehead@gannett.com

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This article originally appeared on Fort Myers News-Press: Not ‘No’ but ‘Not yet’ – Fort Myers keeps minority business law – for now

Reporting by Charlie Whitehead, Fort Myers News-Press & Naples Daily News / Fort Myers News-Press

USA TODAY Network via Reuters Connect

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By Charlie Whitehead, Fort Myers News-Press & Naples Daily News | USA TODAY Network

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