HOUSTON, Texas (KTRK) — A federal judge has ruled that race-based portions of contracting programs used by the City of Houston and the Midtown Management District violate the U.S. Constitution, marking what attorneys involved in the case describe as a first-of-its-kind decision against the programs.<\/p>\n
U.S. District Judge David Hittner ruled that the programs’ provisions involving minority-owned businesses violate the Equal Protection Clause of the 14th Amendment.<\/p>\n
“The decision held that the City of Houston and Midtown Management District’s race-based contracting programs violate the 14th Amendment of the Equal Protection Clause,” said Erin Wilcox, senior attorney with the Pacific Legal Foundation, which represented the plaintiffs.<\/p>\n
The lawsuit was filed by Jerry and Theresa Thompson, a white couple who own two landscaping companies. They argued the city’s and Midtown Management District’s contracting programs, which require a percentage of contracts to be awarded to minority-owned businesses, placed them at a competitive disadvantage.<\/p>\n
“These programs were making it difficult to compete on an equal footing,” Wilcox said.<\/p>\n
Hittner ruled in favor of the Thompsons.<\/p>\n
In a statement, Houston City Attorney Arturo Michel said the city will comply with the court’s ruling regarding existing and recently awarded contracts while any further court proceedings continue.<\/p>\n
Houston City Council members said they were disappointed by the decision but indicated they remain committed to addressing disparities in public contracting.<\/p>\n
“From what I understand, I am not happy with the ruling,” Council Member Joe Panzarella said.<\/p>\n
Council Member Ed Pollard defended the city’s Minority and Women Business Enterprise program, saying it was created to help ensure minority-owned and small businesses have an opportunity to compete for city contracts.<\/p>\n
Council members also pointed to a recently completed disparity study, which they said found continued gaps in contracting opportunities, and said they will continue looking for ways to address inequities within government contracting.<\/p>\n
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