Representative Napoleon Nelson, who serves Cheltenham, Jenkintown, and Springfield, sent an open letter to Governor Josh Shapiro yesterday.
According to the letter, the Pennsylvania Legislative Black Caucus (PLBC)—which Nelson chairs—recently learned of the Trump administration’s Interim Final Rule which directs “state transportation departments to discontinue their current Disadvantaged Business Enterprise (DBE) procurement programs effective October 3rd.”
“The Trump Administration contends that gender and race should not be factors considered in the determination of disadvantage,” Nelson wrote. “This is a familiar argument from them as it has been the basis of almost every strong-handed, overreaching tactic by this Federal Government to backtrack on the injustices of the nation’s past and the tendency toward systemic discrimination without transparency and intentionality.”
Nelson said the DBE is “a critical lifeline for opportunity for minority, veteran, and women-owned businesses” and notes that the Trump administration is involved in a court case (Mid-America Milling vs the US Department of Transportation) to justify the decision. The case reportedly challenges the constitutionality of the DBE program.
The lawsuit, filed in the U.S. District Court for the Eastern District of Kentucky, alleges that the program’s use of race and gender-based rebuttable presumptions for social and economic disadvantage constitutes unlawful racial and gender discrimination.
“This justification for administrative precedent is at best premature seeing as the case has not yet been decided in our court system. The PLBC applauds the City of Pittsburgh in filing their amicus brief supporting the DBE system as structured and the efforts of the city to advocate for all of their constituents,” Nelson wrote.
The letter concludes with a request for Governor Shapiro to offer public comment on behalf of Pennsylvania with the following suggestions:
- Denounce the Trump Administration’s premature rule setting
- Defend the critical nature of our Disadvantaged Business Enterprise program
- Tout your administration’s successes in DBE contracting and the efforts to make even greater progress in utilization in the years ahead
- Reject any attempt to discontinue the public reporting of DBE contracting outcomes as such reporting is essential to transparent and accountable government
- Stand up for the City of Pittsburgh and Pennsylvania’s other local governments that would have their autonomy pre-empted by the Federal overreach
“Governor Shapiro, you have told us time and again of your administration’s efforts to take on the Trump onslaught,” Nelson wrote. “The PLBC is ready to fight alongside you, the Pennsylvania Department of Transportation, the Department of General Services, our cities, PA’s great civil rights and job training organizations, and our disadvantaged businesses to continue to build a sustainable and equitable economy.”
In related news, PHL17 reported that Shapiro voted today in Abington Township. He was seen greeting voters and answering questions about SEPTA safety and SNAP funding.
Their video coverage is below:
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