Bruckner, who owns Project Management Corporation, came to America in the 1970s when his parents fled communist Romania. In 1989 a car accident left him forever disabled. According to Bruckner’s lawsuit, his business “can fulfill transportation and infrastructure-related contracts, including those contracts available under the Infrastructure Act.”
Though because of Bruckner’s race and sex, his company is ineligible to compete for over $37 billion worth of infrastructure contracts.
According to the lawsuit, in the $1.2 trillion infrastructure act passed in November, Congress “authorized $370 billion in new spending for roads, bridges, and other surface transportation projects. But Congress also implemented a set aside, or quota, requiring that at least 10% of these funds be reserved for certain ‘disadvantaged’ small businesses.”
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the law contains a quota, asking that at least 10% of all funding ($37 billion) go to small businesses owned by “socially and economically disadvantaged individuals.”
“If … President Biden really wants to help disadvantaged small business owners, then he should help new businesses struggling to survive or small business owners who have a disability like me,” Bruckner announced in a press release. “But helping groups based on race and gender is never fair.”
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The lawsuit, filed in the United States District Court for the Middle District of Florida, claims that this quota breaks the Fifth Amendment’s guarantee of due process by denying Bruckner the equal protection of the law. Bruckner is suing President Joe Biden, White House Senior Advisor and Infrastructure Implementation Coordinator Mitchell Landrieu, and Secretary of Transportation Pete Buttigieg.
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In the legal complaint, Bruckner requests the court for a preliminary injunction “removing all unconstitutional race and gender-based classification” from the infrastructure act, as well as a declaration that such quotas are unconstitutional and an enduring ban on their implementation.
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The Wisconsin Institute for Law and Liberty’s Equality Under the Law Project is representing Bruckner and Project Management Corporation in the lawsuit. According to a press release from WILL, the project “has successfully sued the Biden Administration twice for race discrimination in the Farmer Loan Forgiveness Program and the Restaurant Revitalization Fund” and “forced the removal of race-based preferences in the Homeowner Assistance Fund, another program under the American Rescue Plan Act of 2021.”
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