Empowering Disadvantaged Businesses: Coalition of Organizations and Companies Fights Legal Injunction Against Key Support Program | JD Supra

On January 24, 2025, several organizations, including the National Association of Minority Contractors and the Airport Minority Advisory Council, filed a motion to intervene in a case regarding the Disadvantaged Business Enterprise (DBE) Program. This case is currently in the U.S. District Court for Eastern Kentucky. The motion aims to challenge a court injunction that has restricted the DBE Program. You can check out previous posts about this injunction here and here. The full motion can be viewed here.

This motion is especially important now as new executive orders aim to halt diversity programs, including DBE. Although Congress has routinely reauthorized the DBE program with broad support, the new order might weaken the Department of Transportation’s commitment to defending it in court.

The intervenors believe their case for intervention is solid. Here’s why:

1. Timeliness: The case is still early, with important deadlines ahead and a trial scheduled for next year.
2. Importance of Intervention: They are fighting not just to speak but to protect their existence, having faced financial losses due to the injunction.
3. Awareness of Interest: Prior to the executive order, they could count on robust support from the DOT. The timing of the order was critical for them to realize they needed to act.
4. No Prejudice: Their intervention does not harm existing parties; they responded quickly once they saw the government might not protect their interests.
5. Unusual Circumstances: The recent executive orders warrant urgent consideration from the court, highlighting their unique perspectives.

The intervenors have significant stakes in the DBE Program, which provides vital support for minority businesses pursuing federal transportation contracts. They argue that if the program fails, they will lose access to crucial bids, magnifying the discrimination they already face.

Moreover, they stress that denying their intervention would harm their legal interests. They represent the very groups the DBE Program is designed to help, and losing this program would directly impact their opportunities in transportation contracts.

Given the recent executive orders, the intervenors believe the current government defendants may not adequately defend their interests in this case.

It’s expected that those opposing the DBE Program, like the Mid-America Milling Plaintiffs, will contest this motion. They will have a chance to respond, and then the court will decide whether the motion to intervene is granted. Stay tuned for updates on this important issue!