Listening Session:

DBE Program Update and Legal Developments

The Washington State Department of Transportation (WSDOT) and Office of Minority and Women's Business Enterprises (OMWBE) are hosting a listening session to inform participants about the ongoing litigation in Mid-America Milling Company v. U.S. Dep't of Transp., a federal court case in Kentucky concerning the Disadvantaged Business Enterprise (DBE) program. Specifically, the session will involve a discussion of the consent order proposed by the plaintiffs and USDOT on May 28, 2025.

The session will provide an opportunity for participants to share concerns regarding the potential impacts of the proposed order, which would:

Declare the DBE program's race- and gender-based criteria unconstitutional, and

Prevent USDOT from approving DBE contract goals where those criteria had previously been used to find any DBE eligible for participation in the DBE program.

The State of Washington has joined an amicus brief in support of the DBE program and in opposition to the proposed consent order.

This session is open to DBE firms, prime contractors, transportation partners, legal and civil rights advocates, and any members of the public who may be impacted by the court's decision in this matter.

Register