Golden Gate Bridge, Highway and Transportation District rescinds DEI resolutions, fearing loss of federal funds

By Adrian Rodriguez | Marin Independent Journal (TNS)

The district that operates the Golden Gate Bridge has removed diversity, equity and inclusion language in policy documents to avoid backlash from the Trump administration.

A $400 million federal grant to support the final five-year phase of the seismic retrofit of the iconic span was potentially at stake, said Denis Mulligan, general manager of the Golden Gate Bridge, Highway and Transportation District.

Bridge tolls are the district's primary source of revenue, and, unlike most other transit agencies, the district receives no dedicated state or local tax funding. When the district buys new buses or ferries or does work on the bridge, about 80% of the money comes from federal sources, Mulligan said.

With that in mind, the district board voted 11-3 on Friday to rescind resolutions that referenced race, gender identity and sexual orientation, and approved a new resolution that states broad commitments.

"It reaffirmed their commitment to equality and justice; it denounced racism; it denounced discrimination," Mulligan said. "It did then, as part of the process, remove some language from some prior actions that could have been problematic to safeguard all the federal grants that we receive for the bridge, for our buses and for our ferries."

Board members Joel Engardio and Danny Sauter of San Francisco and Tiburon Councilmember Holly Thier voted no. Thier had strong words against the action.

The Golden Gate Bridge is a symbol that stands for diversity, inclusion, respect and tolerance, she said. Thier implored the board to vote against the change.

"We must always uphold our values of diversity, justice, equality, and never back down in the face of fascism, bullies and elected officials who try to condition funding or withhold funds solely based on adherence to a conservative racist, homophobic, anti-immigrant, anti-everything-that-is-good political agenda," Thier said.

"We are a district that welcomes everyone regardless of race, religion, gender, age, sexuality, ability and more — but if we do not say it, no one knows it, and if we retract it, no one will believe us," Thier said.

Marin County Supervisor Stephanie Moulton-Peters voted in favor.

"What I can say is this was a very difficult decision for the board to make," Moulton-Peters said Tuesday. "At the meeting, we confirmed the GGBHT District's commitment to our values of diversity, equity, inclusion and belonging and will continue to treat all of our riders, our employees and our transportation partners with respect and dignity. Our actions will continue the commitments we have made."

The U.S. Department of Transportation put the Golden Gate Bridge district on notice in a April 24 letter that warned against DEI policies. The letter from U.S. Transportation Secretary Sean Duffy stated that any "policy, program, or activity that is premised on a prohibited classification, including discriminatory policies or practices designed to achieve so called 'diversity, equity and inclusion,' or 'DEI,' goals, presumptively violates Federal Law."

Any Federal Transit Administration grant agreement executed after April 25 would be subject to a new set of terms and conditions, affirming that there is no conflict. Federal Highway Administration grant agreements, including the $400 million from the federal Bridge Investment Program allocated to the Golden Gate Bridge district, have similar terms, Mulligan said.

Linda McMahon, the former professional wrestling promoter whom President Trump appointed secretary of education, wrote a similar letter warning that school districts using DEI programs were at risk of losing federal funding.

Mulligan said the bridge district's policies and resolutions don't outright violate federal anti-discrimination law, but the DEI language could prompt scrutiny by the federal government.

"The first option is to carry on with our head in the sand and just sign a grant agreement and hope no one notices, but the reality is we know we had a few words and a few resolutions that are problematic," Mulligan said.

Violating the terms could mean that funding would be withheld, that the district might be ordered to repay the money, or that it might have to pay triple the amount in damages, Mulligan said.

The district could have chosen to join one of several lawsuits against the administration challenging the DEI attack, but that could be timely and costly, and again risk losing the federal funding, Mulligan said.

That's what led Mulligan to propose rescinding resolutions with the DEI language.

"Clearly, the choices in front of us are horrible," bridge board member Gerard Giudice, the mayor of Rohnert Park, said at the meeting. "That bridge does more than span a body of water, right? That bridge is a symbol, arguably the Statue of Liberty of the West Coast."

Giudice prompted the staff and board to draft the new resolution "that is based on our values, that the district believes every person has the right to be respected and to be safe."

The district board first approved a resolution condemning racism in 2020 in the wake of the Minneapolis police murder of George Floyd. That resolution, along with a 2023 update to the district's procurement manual that had DEI language, were rescinded. The district's 2024 strategic plan was also revised to remove DEI language.

The new three-page resolution, which is available on the districts website at bit.ly/4kekiSt, states "the Board and the Golden Gate Bridge, Highway and Transportation District hereby denounces racism and affirms that everyone deserves to feel safe, respected, and free from discrimination," and that the district commits "to ensuring that its facilities and services are safe and welcoming for all people, free of racism, discrimination and threat of violence."

Mulligan said he will sign the $400 million grant agreement this week, allowing the district to begin the final phase of the seismic retrofit of the bridge. The district plans to award a construction contract later this year.

Mulligan said district officials are excited to be moving forward.

"Our first job is to protect the bridge for future generations," he said.

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