South Florida Chapter of the Associated General Contractors of America, Inc., Cross-Appellants v. Metropolitan Dade County, Florida, Cross

KRAVITCH, Circuit Judge:

This case involves the constitutionality of a Metropolitan Dade County ordinance and resolution granting preferential treatment to blacks in its contract bidding process. The ordinance allows the County to “set aside” contracts for bidding solely among black contractors 1 and contains a “goals” provision by which the county can require that a certain percentage of a contract’s value be subcontracted to black contractors. The plaintiffs, non-profit corporations and trade associations, brought suit challenging the ordinance both facially and as applied to the county…