October 22, 2025

By Lane Kimble

The Wisconsin Institute for Law and Liberty (WILL) intends to sue Illinois and its governor unless they drop upcoming DBE goals.

As of Thursday, dozens of projects set for a Nov. 7 letting in Illinois still feature Disadvantaged Business Enterprise goal requirements ranging from 1 to 18%.

That’s despite the USDOT issuing an interim final rule on Sept. 30 that ordered states to recertify all DBEs without the presumption of race or sex-based disadvantages.  States cannot set any DBE goals until the recertification process is complete.

In a news release, WILL attorneys called Illinois and Gov. JB Pritzker’s decision to ignore the rule “illegal and irresponsible.”

“Time and time again, federal courts and the Trump administration have indicated that using taxpayer dollars on race-based programs like the DBE are unconstitutional and unlawful,” WILL Deputy Counsel Dan Lennington said.  “States that defy federal rules will face serious consequences.”

WisDOT, for its part, removed all goals from the October and November lets, while informing WTBA the rule change will not impact previously awarded contracts.  WisDOT says it is developing a system to recertify DBEs and will share more details “in the coming weeks.”

Wisconsin’s December let advertisement has not yet been posted.