Coalition of Minority- and Women-Owned Businesses and Trade Organizations Triumphs After Intervening to Defend Equity Department of Transportation Program

Frankfurt, Ky. – A U.S. District Court in the Eastern District of Kentucky has dismissed a years-long lawsuit that threatened to derail the U.S. Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) Program, an effort designed to remedy the effects of historic and ongoing discrimination by ensuring that businesses owned by socially and economically disadvantaged individuals have a fair shot at federal transportation contracts. Today, the court’s judgment became final as the appeal deadline has passed. 

The decision is a huge victory for a coalition of minority- and women-owned businesses and trade organizations, which intervened to defend the DBE Program when it became clear that the Trump-Vance administration would use the lawsuit as one vehicle for dismantling the program instead of defending it. The coalition, which includes the National Association of Minority Contractors, Women First National Legislative Committee, Airport Minority Advisory Council, Illinois Chapter of Women Construction Owners & Executives, Atlantic Meridian Contracting Corporation, and Upstate Steel, Inc., is represented by Democracy Forward, the Minority Business Enterprise Legal Defense and Education Fund, and Bricker Graydon Wyatt. 

“Intervening in this lawsuit was never optional; it was a call to action.  The government and plaintiffs tried to exclude the participation of countless taxpayers and job creators.  That will never improve America’s position in the world economy.  We must ensure that all business owners, of all races, from both urban and rural communities, have a fair chance to contribute to building our nation’s wealth and productivity. Anything else is injustice,” said Wendell R. Stemley, President, National Association of Minority Contractors (NAMC).  

“Women and minorities in highway, transit, and airport construction have faced discrimination in the past and continue to face it today. That discrimination will persist unless good citizens stand up and defend the rights of all our citizens, not just a privileged few. That is what defending democracy looks like,” said Joann Payne, President, Women First National Legislative Committee.

“Today’s outcome is a significant victory for Disadvantaged Business Enterprises (DBEs) and the thousands of small businesses that help power America’s transportation industry,” said Airport Minority Advisory Council (AMAC) President & CEO Eboni Wimbush. “The DBE Program was created to address longstanding barriers that have historically limited access to federally funded contracting opportunities for minority- and women-owned businesses. This outcome reinforces the importance of protecting programs that create pathways for business growth, competition, and long-term economic opportunity. AMAC is proud to stand alongside our coalition partners in defense of a program that continues to support small businesses and strengthen our nation’s infrastructure industry. We are also excited to continue working collaboratively with the U.S. Department of Transportation (USDOT) and the Federal Aviation Administration regarding the October 3, 2026, USDOT DBE/ACDBE Program Interim Final Rule to help ensure that all socially disadvantaged firms continue to have meaningful access to contracting opportunities throughout the transportation industry.”

“Good has prevailed…as an advocate for women construction owners who face significant deliberate discrimination, WCOE is thrilled with the outcome of this case.  WCOE stood up for its members and for DBE’s across this nation. We all owe a debt of gratitude to the Minority Business Enterprise Legal Defense and Education Fund and Democracy Forward for believing in us and in shepherding this case to its best conclusion,” said Theresa Kern, Chair of the Board, Women Construction Owners and Executives (WCOE), Illinois Chapter.

“The opportunity to participate in this pursuit of justice, which is truth in action, could not have been more timely for the infrastructure business community as a whole.  To all those who don’t fight for fear of losing, this dismissal shows what can happen when coalitions come together and stand up,” said Kenneth B. Canty, President and CEO, Atlantic Meridian Contracting Corporation (AMC-Civil). 

“The DBE program is a lifeline for small businesses throughout the nation like ours, and the dismissal of this case will mean a more fair playing field for business owners who have suffered discrimination,” said Lauren Chmielowiec, President of Upstate Steel. “Upstate Steel is enormously proud to have worked with this coalition to fight for the DBE program when the government wouldn’t.”

“The dismissal of this case is a huge win for this important lifeline for small business owners who face social and economic disadvantages and will help remedy discrimination in federal contracting,” said Skye Perryman, President and CEO of Democracy Forward. “When people unite to defend our democracy, we win. Democracy Forward is incredibly proud to have worked with our brave plaintiffs to defend the DBE Program. We call on the U.S. Department of Transportation to move quickly to ensure that this important program is available to all socially and economically disadvantaged small businesses, a critical driver of the country’s economy.”

“This dismissal is a win for the small minority- and women-owned businesses who refused to sit on the sidelines while a program built to remedy documented discrimination was used as a wedge,” said Sarah von der Lippe, Pro Bono Chief Counsel at the Minority Business Enterprise Legal Defense and Education Fund. “When the federal government wouldn’t fight, our clients did. USDOT should treat this ruling as a mandate and stand up a fully functioning DBE Program without delay.” 

“The current administration’s Department of Justice abandoned the DBE program. The administration then adopted interim rules to achieve what it wanted without abandoning the program altogether. The District Court correctly saw these rules as mooting the unconstitutionality claims in the lawsuit, and dismissed the case accordingly. Justice has now prevailed,” said Douglas L. McSwain with Bricker Graydon Wyatt.

The lawsuit, Mid-America Milling Co. v. DOT, was originally filed by groups seeking to eliminate race- and gender-conscious elements of the DBE Program. In September 2024, the court issued a preliminary injunction that restricted the use of DBE contract goals in states where the plaintiffs operate. In January 2025, however, President Trump’s executive orders proposed to dismantle diversity, equity, inclusion, and accessibility-related programs across the federal government, provoking the coalition to seek formal participation in the litigation to defend their interests. The groups asked the court to dismiss the case, which the court did on March 19, 2026. Neither the plaintiffs nor the defendants sought review of the decision by the deadline to appeal on May 18, 2026, and the court today entered a final judgment dismissing the case. 

Read the ruling here and more about the case here.

The Democracy Forward team working on the case includes Brooke Menschel, Adnan Perwez, Audrey Wiggins, Steven Bressler, and Robin Thurston. The MBELDEF lawyer working on the case is Sarah von der Lippe. Doug McSwain works on the case for Bricker Graydon Wyatt.

Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.