WILL Sues Over Race Discrimination in Texas

Empowered by recent SCOTUS ruling, WILL continues its project challenging race-based discrimination everywhere

The News: Today, in pursuit of “Equality Under the Law” and a true colorblind society for all Americans, the Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit against a San Antonio-based government program called the “Bexar County Small Business Assistance Program.” WILL alleges that the $10 million program discriminates against small business owners based on race. The lawsuit names Bexar County, the home of San Antonio, and Liftfund Inc., a non-profit charged by the county to administer the program.

The Quotes: Dan Lennington, WILL Deputy Counsel, stated, “Last month, the U.S. Supreme Court emphatically declared that race discrimination violates federal law, and that claims of ‘diversity’ can never justify discrimination. WILL promises to fight discrimination wherever it rears its head. Our message is simple: if you discriminate against anyone based on race, you will go to court, and we will see to it that you lose.”

Greg Gomm, President and Founder of DigitalDesk, Inc. stated, “Based on the principles of equality and justice in law, governments must not be allowed to tip the scales using equity measurements of race, sex and gender.  I hope that this lawsuit brings to light this illegal practice that is occurring in our nation, and hope that more Americans will join the fight.”

Our Client: Greg Gomm, President and Founder of DigitalDesk, Inc. is a software company based in San Antonio, Texas, that creates and sells educational software. DigitalDesk’s goal is to ensure that educators have access to the best learning tools available. The company’s educational software, which includes in-person and remote learning features, powerful analytics, and a comprehensive assessments platform, is used by higher educational institutions around the country.

Bexar County is home to San Antonio, the seventh largest city in America. The Bexar County Small Business Assistance Program provides grants to small business owners impacted by the pandemic. The program is funded with $10 million from the American Rescue Plan Act of 2021 and is administered by LiftFund. The Program offers grants of up to $50,000 for qualifying small businesses but gives a preference to businesses owned by certain racial groups.

Recent SCOTUS Ruling Implications:  The United States Supreme Court recently decided that colleges and universities may no longer use race as a factor in admissions. This practice, commonly called “affirmative action,” was declared unconstitutional in Students for Fair Admissions v. Harvard. That decision, however, has much broader implications: it confirms that federal civil rights laws demand “colorblind” treatment of all individuals in America.

The Court explained that the federal law demands “absolute equality of all citizens.” Exceptions to this rule are exceedingly rare, reserved for situations like preserving order in a prison, or to remedy the government’s own past intentional discrimination. Race discrimination may never be used as a tool to cure “societal discrimination,” “systemic racism,” or to advance modern-day notions of “diversity” or “equity.” In the Court’s words, “eliminating racial discrimination means eliminating all of it.”

Since 2021, WILL’s Equality Under the Law Project has represented dozens of individuals and businesses from around the country to enforce the basic guarantees of equal treatment. More information can be found at DefendEquality.org.

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Dan Lennington

Dan Lennington

Deputy Counsel

WILL Client, Greg Gomm

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