Federal appeals panel invalidates race, gender preferences in Biden relief program

A federal appeals panel in the Sixth Circuit last week invalidated a provision in a restaurant relief program contained in President Joe Biden’s massive coronavirus relief bill that prioritized grant consideration based on the race, gender, or national origin of the applicant, as the Daily Wire reports.

The ruling came in response to a lawsuit filed by Tennessee restaurateur Antonio Vitolo which argued that the racial and gender preferences found in the $29 billion Restaurant Revitalization Fund program – purportedly meant to assist hard-hit businesses recover from pandemic-related setbacks – were unconstitutionally discriminatory.

According to the provision in question, grant seekers whose enterprises were at least 51%-owned by a woman or by a person who was part of one of the specific racial or ethnic groups enumerated in the program rules would receive priority review of their funding request by the U.S. Small Business Administration.

As a result, the lawsuit asserted, business owners who were white men, or simply members of ethnic or racial groups not explicitly afforded preferential treatment by the terms of the program were relegated to the back of the line in violation of the equal protection guarantees of the 14th Amendment. During that delay, it was argued, available grant funds would likely be depleted, leaving non-minority applicants out in the cold.

In addressing the reason for his lawsuit, Vitolo put it plainly, saying in a statement, “I do not want special treatment. I just want to be treated equally under the law. I am opposed to race and sex discrimination, and I would hope my government lived up to the same principle.”

Illustrative of the arbitrary standards used in processing grant applications under this program is the fact that Vitolo himself owns 50% of his restaurant, while his wife – who is Hispanic –is the owner of the other half. If his wife had held 51% of the business, their enterprise would have qualified for priority review, but because their shares were held in equal proportion, Vitolo’s status as a white male disqualified them from beneficial treatment.

In reversing a lower court’s denial of Vitolo’s request for race-neutral consideration of his grant request by a margin of 2-1, the appellate panel in the Sixth Circuit ordered the government to stop its use of the aforementioned “unconstitutional criteria” in administering the relief fund program.

Judge Amul Thapar, author of the opinion in the matter, stated, “This case is about whether the government can allocate limited coronavirus relief funds based on the race and sex of the applicants. We hold that it cannot.” He also criticized the government for using what he called a capricious and “scattershot” approach in determining which groups ought to be declared “socially and economically disadvantaged,” adding:

Individuals who trace their ancestry to Pakistan and India qualify for special treatment. But those from Afghanistan, Iran, and Iraq do not. Those from China, Japan, and Hong Kong all qualify. But those from Tunisia, Libya, and Morocco do not.

Though Democrats are certain to continue in their attempts to divide the country by race, gender, religion, national origin, and any number of other identity groups to stoke the flames of discord, Judge Thapar’s firm stance in declaring those efforts unconstitutional – at least in this instance – offers some measure of hope.

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17 Responses

  1. Stay at home mom Kelly Richards from New York after resigning from her full time job managed to average from $6000-$8000 a month from freelancing at sdc home..

    This is how she done it………….. 𝐦𝐨𝐧𝐞𝐲𝐛𝐮𝐜𝐤𝐬.𝐜𝐟

    1. Stay at home mom Kelly Richards from New York after resigning from her full time job managed to average from $6000-$8000 a month from freelancing at GFum home.. This is how she done it………… 𝐦𝐨𝐧𝐞𝐲𝐛𝐮𝐜𝐤𝐬.𝐜𝐟

  2. All Americans should be working together in Peace! GOD did not Discriminate when he created man and woman, black or white. He created ALL EQUAL! We should all be working together for the Good of of AMERICA! Fighting does not solve problems. PRAY FOR PEACE ON EARTH! YOU must not like the TRUTH!

    1. Stay at home mom Kelly Richards from New York after resigning from her full time job managed to average from $6000-$8000 a month from freelancing at rfd home..

      This is how she done it………….. 𝐦𝐨𝐧𝐞𝐲𝐛𝐮𝐜𝐤𝐬.𝐜𝐟

    2. Stay at home mom Kelly Richards from New York after resigning from her full time job managed to average from $6000-$8000 a month from freelancing FDynat home..

      This is how she done it………….. 𝐦𝐨𝐧𝐞𝐲𝐛𝐮𝐜𝐤𝐬.𝐜𝐟

  3. It’s about time that someone started looking at what is going on in our country. It is time to slap a whole bunch of them down.

  4. A display of Constitutional Intelligence and official recognition that Biden may be the owner of the chief racist accusation he attaches to others.

  5. I sincerely hope the courts continue to slap down the Biden administration for these ridiculous divisive plans that they have come up with. Anything to keep the racist mantra going in our great country.

  6. King biden glad to help anyone not american first. The most racist president in history. Every hire, help needed, will need a couple things to happen. You not be white and you be black or not from this country. We have had people in tents for more than a year, homeless vets all over but come here illegally and you get the special treatment free everything. While we the people continue to suffer.. no homes for the american who suffers.

  7. MLK, is probably doing flips in his grave !!!!!
    HIS DREAM : “That someday my children will be judged by their character ,not the color of their skin ”
    LIBERAL DREAM: “everyone is seen by the color of their skin and if it’s black or brown, they’re getting everything 1st and for free ”
    CONSERVATIVES DREAM : “Every person is judged equally on their beliefs and values, REGARDLESS of race, gender or any other identities !!!!”

  8. Google again doesn’t want this published. Nothing new. The Federal government and small business agencies have been selective for years on awards and discriminating against most that are not their kind working in the agency, especially in DC. One small woman owned business owner that was white, had her 8a application lost 3 times, then after going to her congressman resubmitted it and they told unless she could prove that she had been discriminated against as a woman she needed to prove she had sued in those instances. How many other those applying had to do that? The Small Business agency is just like the “racist” issue to control and get control. If not why are NFL players awarded 8a status when they get out and start businesses and not “white” women?

  9. Here are 7 at-home jobs that pay at least $100/day. And there’s quite the variety too! Some of these work-at-home jobs are more specialized, others are jobs that anyone can do. They all pay at least $3000/month, but some pay as much as $10,000.

    GO HOME PAGE HERE FOR MORE DETAILS.. 𝘄­𝘄­𝘄­.­𝗖𝗮𝘀𝗵𝟰𝟰.𝗖𝗹𝘂𝗯

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