In March of last year, the Francis Scott Key bridge collapsed in a "mass casualty event". The rebuilding, estimated to cost $2 billion, is now under the Trump administration, which is certainly not as obsessed with the concepts of Diversity, Equity, and Inclusion (DEI) as the previous Biden-Harris administration. President Donald Trump even signed executive orders aimed at ending DEI initiatives. Even still, a recent letter from Contractors for Equal Opportunity (CEO), as obtained by Townhall, warns that Disadvantaged Business Enterprise (DBE) goal is still being used with the rebuilding.
The letter from Tiffany Stem, president of CEO, addressed to Attorney General Pam Bondi and Transportation Secretary Sean Duffy, begins by describing her group as one that "is a nationwide association of contractors and subcontractors that have joined forces to address discriminatory contracting programs, including the Disadvantaged Business Enterprise (DBE) program." Some of CEOs members are being directly impacted by the bridge collapse yet are being excluded from bidding due to the DBE requirement. This includes several small businesses and suppliers that the Wisconsin Institute for Law & Liberty (WILL) represents as part of the CEO network.
It was the Biden-Harris administration that allowed the State of Maryland to approve DBE goals to the tune of 31.5 percent in this case. "Overall, approximately one-third of all funds spent on the bridge must be through 'disadvantaged business enterprises,' which is a racially discriminatory term granting preferences to certain minority-owned businesses over others. Only certain racial groups are entitled to a presumption of disadvantage, making USDOT’s DBE goals unconstitutional," the letter continues, citing the Mid-Am. Milling Co. v. U.S. Dep’t of Transp case from 2024.
The MAMCO v. USDOT is even further relevant to CEO, given that they are "waiting for a final resolution and settlement of the DBE program," though Stem also makes clear they "can no longer sit idly by when we see a DBE goal of over 30% for the Francis Scott Key Bridge," as she also adds that the bridge's replacement "should be a top priority for the USDOT," a point she later expands upon.
"Getting this bridge done as soon as possible without the hindrances of a discriminatory federal contracting system and at the lowest cost to the American taxpayer should be of utmost importance," she later writes, highlighting how taxpayer dollars fit into this project. "Our membership is poised to provide many of the much-needed materials for this project, yet they must take a backseat to the USDOT’s affirmative action program. The DBE program inflates project time and money. There is no reason why President Biden’s DEI project should transform into President Trump’s DEI project," she adds about her group and the president's policies.
There's still more about not just the president, but also Bondi, whose statements are quoted in the letter.
"When USDOT imposes a DBE goal on a project like the Francis Scott Key Bridge, it violates not only the Constitution, but also President Trump’s executive orders. Since he took office on January 20, 2025, President Trump has issued multiple executive orders requiring federal agencies to identify, investigate, and ultimately terminate race-based programs, like the DBE program. Under Ending Radical and Wasteful Government DEI Programs and Preferencing, all agencies must recommend actions to align agency enforcement activities 'with the policy of equal dignity and respect,'" Stem reminds, citing one of Trump's Day One executive orders.
Another order, from his second day in office for this term is referenced as well. "Also, the Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity, declares it to be the policy of the United States 'to protect the civil rights of all Americans' and orders 'all agencies to enforce our longstanding civil-rights laws.' Furthermore, under this Executive Order 'every contract or grant award' must ensure that the recipient is in 'compliance in all respects with all applicable Federal anti-discrimination laws,'" Stem also cites.
There's not only a concern over conflicts with Trump's executive orders but also the federal oversight, including when it comes to consistency with the Trump administration's policies on DEI.
As Bondi herself said when quoting Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll, "[e]liminating racial discrimination means eliminating all of it."
The letter from Stem closes with a clear message as to what's at stake, and a request to put a stop to such requirements. "Not only do we believe the DBE program to be unconstitutional, in this case it endangers lives and impacts the local port economy in catastrophic proportions. Maryland Governor Wes Moore called the event a 'global crisis' that impacted 8,000 jobs, with a $15 million a day cost for disruption to business activity in the port. CEO calls upon the USDOT to remove all DBE goals on the Francis Scott Key Bridge job," Stem writes in conclusion. "Leaving these goals in place will only increase the cost of construction, delay the project, and illegally deprive hard working contractors and subcontractors from vigorously and fairly competing. Please end these unconstitutional DEI requirements immediately."
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