A stipulation in the infrastructure legislation states that 10% of the funding "shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals."
"This explicit racial and sexual classification, which has not been justified by the requirements that are usually called for under the law, is unconstitutional," Wisconsin Institute for Law and Liberty President and General Counsel, Rick Esenberg, who is representing Bruckner, told Fox News Digital.
"The new infrastructure projects should be open to all small businesses based on the ability to do the work, not based on race and gender," Bruckner said in a statement. "If President Biden really wants to help disadvantaged small business owners, then he should help new businesses struggling to survive or small business owners who have a disability like me. But helping groups based on race and gender is never fair. I expect more from my government."
Esenberg noted that this is not the only case like this his organization has taken on and encouraged the Biden administration to "treat people on the content of their character."
"Unfortunately for lawyers like us, it’s a growth industry. It shouldn’t be," Esenberg said. "I hope the administration will ultimately learn it needs to follow the law, it needs to treat people based on the content of their character, not the color of their skin."
Esenberg also encouraged others who found themselves in a similar situation to Bruckner to speak up.
Read more at FOXNews.com.