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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- NORTHEASTERN FLORIDA CHAPTER OF THE
- ASSOCIATED GENERAL CONTRACTORS OF
- AMERICA v. CITY OF JACKSONVILLE,
- FLORIDA, et al.
- certiorari to the united states court of appeals for
- the eleventh circuit
- No. 91-1721. Argued February 22, 1993-Decided June 14, 1993
-
- 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'' (MBE's). Petitioner
- construction contractors' association, most of whose members did not
- qualify as MBE's, 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
- Amendment's 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 After certiorari was granted, the city repealed its MBE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- different from the repealed ordinance, still set aside certain contracts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:
- 1. The case is not moot. It is well settled that the voluntary
- cessation of a challenged practice does not deprive a federal court of
- its power to determine the practice's legality, because a defendant is
- not precluded from reinstating the practice. Here, there is more than
- a mere risk that the city will repeat its allegedly wrongful conduct; it
- has already done so. Insofar as the city's new ordinance accords
- preferential treatment in the award of city contracts, it
- disadvantages petitioner's members in the same way that the
- repealed ordinance did. Pp. 5-6.
- 2. Petitioner has standing to sue the city. Pp. 6-12.
- (a) When the government erects a barrier that makes it more
- difficult for members of one group to obtain a benefit than it is for
- members of another group, a member of the former group seeking to
- challenge the barrier need not allege that he would have obtained the
- benefit but for the barrier in order to establish standing. See, e.g.,
- Regents of University of California v. Bakke, 438 U. S. 265. The
- ``injury in fact'' element of standing in such an equal protection case
- is the denial of equal treatment resulting from the imposition of the
- barrier-here, the inability to compete on an equal footing in the
- bidding process-not the ultimate inability to obtain the benefit. To
- establish standing, therefore, petitioner need only demonstrate that
- its members are able and ready to bid on contracts and that a
- discriminatory policy prevents them from doing so on an equal basis.
- Pp. 6-10.
- (b) Respondents' reliance on Warth v. Seldin, 422 U. S. 490-in
- which a construction association was denied standing to challenge a
- town's zoning ordinance-is misplaced. Unlike petitioner, the
- association in Warth claimed that its members could not obtain
- variances and permits, not that they could not apply for the variances
- and permits on an equal basis, and did not allege that any members
- had applied for a permit or variance for a current project. Pp. 10-12.
- (c) Petitioner's allegations that its members regularly bid on city
- contracts and would have bid on the contracts set aside under the
- ordinance were unchallenged and are assumed to be true. P. 12.
- 951 F. 2d 1217, reversed and remanded.
- Thomas, J., delivered the opinion of the Court, in which
- Rehnquist, C. J., and White, Stevens, Scalia, Kennedy, and
- Souter, JJ., joined. O'Connor, J., filed a dissenting opinion, in which
- Blackmun, J., joined.
-