Memphis Contractors Challenge County’s MWBE Discrimination Claims in New Lawsuit

Memphis Contractors Take Legal Stand Against County Discrimination

Memphis, TN – In a dramatic twist in the ongoing battle over construction contracts, a group of local contractors has decided to take on Shelby County once again. They’re claiming discrimination in how government contracts are awarded, especially concerning the Minority- and Women-Owned Business Enterprise (MWBE) program. This isn’t the first time they’ve made such claims; they filed a similar lawsuit back in 2019. But this time, they’re more determined than ever!

What’s This All About?

The lawsuit was officially filed in June 2024, and it raises some serious questions about constitutional rights. Nicholas Bragorgas, an attorney representing the Mechanical Contractors of Memphis, is leading the charge. According to him, the MWBE program is “unlawful and unconstitutional” and he argues that it constitutes a violation of recent Supreme Court rulings regarding race-based programs.

“We believe that these particular programs, these MWBE programs, are a violation of a long line of Supreme Court cases,” Bragorgas stated in a conversation with reporters. He highlighted two significant Supreme Court decisions from 2022 that related to admissions policies at Harvard College and the University of North Carolina, both of which focused on the use of race as a factor in awarding contracts. Bragorgas argues that this rationale should apply to construction contracts as well.

A Brief History of Discontent

This isn’t a new issue for Mechanical Contractors of Memphis. In their previous lawsuit in 2019, they also urged that the preferential treatment of Minority- and Women-Owned Businesses was unconstitutional. That case resulted in a settlement where the county agreed to pay $331,950 along with covering court costs. Though the specifics of that settlement remain under wraps, Bragorgas hopes the new lawsuit will bring more clarity to their stance.

“Using race in any type as a factor in the awarding of public contracts is unconstitutional based upon the way this particular program has been designed, in our opinion,” he elaborated. It’s clear that Bragorgas and his clients are committed to this fight and see it as a matter of principle.

What’s Next?

As of now, Shelby County attorneys haven’t responded to requests for comments, leaving many in the dark about the county’s position on the matter. The next court date is set for January 2025, so it looks like this legal saga will continue for a while.

The Weather Report

In related news, as the court proceedings brew, the weather in Memphis may also keep folks on their toes! This morning, we can expect some fog and scattered showers, with temperatures peaking around 66°F. Winds will be from the north, blowing gently at about 5 to 10 mph. While there’s a 40% chance of rain today, things may clear up later with a low of 58°F tonight, as the winds light up for a calmer evening.

Let’s Keep the Conversation Going

The issues around public contracts and discrimination are deeply rooted and can spark passionate discussions among locals. Whether you agree with the contractors or find merit in the MWBE programs, it’s essential to talk about what’s happening in our community. As Memphis continues to grow, the balancing act between supporting diverse businesses and ensuring fair competition for all contractors will be crucial.

Stay tuned for updates as this case unfolds; it promises to be a significant moment for construction and minority business rights in Memphis!