From the Desk of: Edward T. McKinnie, President - BCU
Builders Association vs. City of Chicago Lawsuit

•In 1996, the Builders Association of Greater Chicago (BAGC) made a decision to proceed with litigation that challenges the constitutionality of preference program requirements set down by governmental agencies.

•The suit seeks to invalidate the City’s Minority and Women Owned Business Set- Aside Program.

• This lawsuit, if successful, would prevent the City from enforcing its current program, which provides that 25% of City construction contracts are awarded to minority-owned businesses, and 5% be awarded to women-owned businesses.

• The City intends to provide statistical evidence demonstrating that practices throughout the construction industry made, and continued to make, it difficult for M/WBE’s to compete with non-minority owned firms.

• Scheduled BAGC witnesses are:
1. Douglas Kersey, R. Rudnick & Co.
2. Don Marziaka, George Sollitt Construction
3. James Bernard, H.B. Barnard
4. Wayne Staley, Mid-Atlantic Commercial Window shield
5. Mark Larsen, Thorleif Larsen & Son
6. John Vande Velde, United Rentals Highway Technology

ADDITIONAL INFORMATION

• The BAGC took note that during litigation in Philadelphia, no minorities appeared in the court and contractors reported no direct or indirect political retaliation. Do we want history to repeat itself in Chicago? Will you help us?

• Trial date is set for May 19, 2003 at 10:00 A.M. at the Federal Court Building 219 S. Dearborn Room 1843. Judge Moran is presiding.

•The Courtroom is open to anyone. Observers will send a strong signal of livelihoods being at stake and of minority business interest in the outcome of this case.