WILL Challenges New Discriminatory Federal Agency

On behalf of small businesses from Wisconsin, Texas, and Florida, WILL sued President Biden’s new “Minority Business Development Agency”

The News: The Wisconsin Institute for Law & Liberty (WILL) is suing the Biden Administration over its new “Minority Business Development Agency,” which is the first federal agency devoted to helping Americans of some races, but not other races. WILL represents clients from Texas, Wisconsin, and Florida in this new lawsuit, which was filed in federal court in the Northern District of Texas. This is WILL’s eighth lawsuit against the Biden Administration.

The Quotes: WILL Deputy Counsel, Dan Lennington, stated, “America must continue to advance towards a colorblind society where every person is judged on their merit and not the color of their skin. The Biden Administration’s choice to create this race-based agency is a step back for civil rights, and we aim to correct that misstep.”

WILL Client, Jeff Nuziard, stated, “It’s just plain offensive that President Biden set up an agency devoted to helping some races, and not others. Like other small business owners, I’m working hard every day to expand my business and serve my clients. I just wish the Biden Administration would help all businesses in this difficult and uncertain economy, not just some based on race.”

WILL Client, Matthew Piper, stated, “The American dream should be afforded to all Americans regardless of skin color or cultural background. But what we have is a federal government picking winners and losers based on wokeism–enough is enough.”

WILL Client, Christian Bruckner, stated, “I came to the United States in the 1970s because of the belief that America is the freest nation on earth. And that no matter who you are, what you are, or where you came from, you can do anything. That’s what we are fighting for and I am proud to stand alongside WILL in pursuit of true equality for all.”

The Clients: 

  • Plaintiff Christian Bruckner, who is from Tampa, Florida, came to America in the 1970s to escape the communist regime in Romania. His parents wanted a better life for him in a country that values constitutional rights and the principle of equality under the law. Bruckner is a disabled small-business owner who works in a historically underutilized business zone. He would like help from the MBDA, but he is ineligible because of his race.

  •  Plaintiff Matthew Piper, from northeast Wisconsin, grew up in extreme poverty, but through hard work and persistence, he eventually graduated with honors from the University of Colorado-Boulder’s Environmental Design and Planning College. As a small business owner, Mr. Piper could benefit from many of the services offered by MBDA, but he is ineligible for those services because he is white.
  • Plaintiff Jeffrey Nuziard, a U.S. Army veteran from the Dallas-Ft. Worth metro area, owns and operates Sexual Wellness Centers of Texas, which has two locations but will be expanding to additional locations in the future. Like many businesses, the COVID pandemic significantly impacted Dr. Nuziard’s business, requiring him to delay his grand opening by several months in 2020 and leading to staffing problems. Dr. Nuziard has sought assistance from the federal government in the past but has been denied grants. He is interested in the MBDA because it offers grants, training, access to contracts and networks, financial sourcing assistance, strategic business consulting, and other resources to businesses. But he is not eligible for MBDA assistance because he is white.

The Lawsuit: WILL’s lawsuit challenges the Minority Business Development Agency, which was enacted into law through the 2021 Infrastructure Act. This is the first time the federal government has created an agency devoted to helping some races, but not others. The lawsuit alleges that the new agency violates the Equal Protection Doctrine, which guarantees that all individuals must be treated equally, without regard to race.

Additional Background: WILL, through its Equality Under the Law Project, has taken aim at various programs at the heart of Biden’s Racial Equity Agenda.” WILL previously sued the Biden Administration for its Farmer Loan-Forgiveness program, which cancelled certain farm loans based on race, and the Restaurant Revitalization Fund, which provided COVID benefits to certain restaurants with a racial preference. WILL obtained the first nationwide injunctions against both of those programs. WILL is also challenging another portion of the 2021 Infrastructure Act, which sets aside $37 billion in federal contracts to certain small businesses based on race.

More about WILL’s Equality Under the Law Project can be found here: DefendEquality.org.

Help us defend freedom and our cherished American values during this critical time. We can’t do this without you!
Rick Esenberg

Rick Esenberg

President and General Counsel

Dan Lennington

Dan Lennington

Deputy Counsel

Cara Tolliver

Cara Tolliver

Associate Counsel

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