ASSOC. GEN. CONTRACTORS – Appellant
Versus
CITY OF JACKSONVILLE, (1993) – Respondent
Respondent city enacted an ordinance requiring that 10% of the amount spent on city contracts be set aside each fiscal year for so-called "Minority Business Enterprises" (MBEs). Petitioner construction contractors association, most of whose members did not qualify as MBEs, filed suit in the District Court against the city and respondent mayor, alleging that many of its members regularly bid on, and performed, construction work for the city, and "would have . . . bid on . . . designated set aside contracts but for the restrictions imposed" by the ordinance in violation of the Fourteenth Amendments Equal Protection Clause. Ultimately the court entered summary judgment for petitioner, but the Court of Appeals vacated the judgment, ruling that petitioner lacked standing to challenge the ordinance because it had "not demonstrated that, but for the program, any . . . member would have bid successfully for any of [the] contracts." After certiorari was granted, the city repealed its MBE ordinance, replacing it with another ordinance which, although different from the repealed ordinance, still set aside certain contracts for certified black- and female-owned businesses. Subsequently, this Court denied respondents motion to dismiss the case as moot.
Held:
THOMAS, J., delivered the opinion of the Court, in which REHNQUIST, C.J., and WHITE, STEVENS, SCALIA, KENNEDY, and SOUTER, JJ., joined. OCONNOR, J., filed a dissenting opinion, in which BLACKMUN, J., joined, post, p. 669.
Deborah A. Ausburn argued the cause for petitioner. With her on the briefs was G. Stephen Parker.
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