This story affects all contractors who don't hire illegals and therefore can't compete on county bids. I hope they win their case. This is long over due in South Florida and elsewhere.

http://www.miamiherald.com/416/story/55776.html

Suit: Broward is biased against nonminorities
By AMY SHERMAN
asherman@MiamiHerald.com
Broward County's set-aside program for minority contractors is unconstitutional because it discriminates against nonminority businesses and favors minorities and females, a lawyer charges in a federal lawsuit.

The lawsuit was filed by Atlanta attorney Herbert Schlanger -- the same lawyer who won a similar suit against Miami-Dade County in 2004. Broward's program is virtually the same as the former program in Miami-Dade, Schlanger said.

Broward County officials could not be immediately reached for comment Wednesday afternoon.

The lawsuit was filed on March 15 in U.S. District Court in Fort Lauderdale and names the county and county commissioners. The plaintiffs are trade associations for contractors, engineers and architects, including the South Florida Chapter of Associated General Contractors, Construction Association of South Florida, Underground Contractors Association of South Florida, Engineering Contractors Association of South Florda and Jenkins and Charland Inc.

The lawsuit alleges that Broward County's program violates the federal Civil Rights Act and the 14th Amendment to the Constitution, which guarantees equal protection under the law.

The associations are at a competitive disadvantage in bidding, the lawsuit states, and have to hire subcontractors based on race, ethnicity or sex -- not quality -- to meet the county's requirements, the lawsuit states. 'Broward County has permitted, encouraged and demanded racial, ethnic and sexual discrimination in the award of contracts in the construction industry to business enterprises owned by persons of certain `minority' racial and ethnic groups and women,'' the suit states.