restaurant revitalization fund lawsuit

Trump successfully chilled FBI from being willing to investigate anything Christie: Trump grand jury foreperson did a lot of damage to case, Trumps polling strength causes heartburn for Senate GOP, Bill Maher: I am afraid of Trump on a very personal level. "As a small, independent business that is partially owned by women and people of color, I think we're very un-used to pleasant news from a bank. The Small Business Administration declined to comment on pending litigation. A bipartisan group of lawmakers, according to the Hill , on June 10 introduced the Restaurant Revitalization Fund Replenishment Act of 2021 to add an additional $60 Business owners who spent months waiting for relief eagerly moved forward: The owners of a small wine bar in Brooklyn told their landlord that they'd soon pay the 15 months of back rent they owed. Its estimated that 1 in 6 restaurants across the country permanently closed due to the pandemic. In a recent Zoom call with independent restaurant operators, Erika Polmar, executive director of the Independent Restaurant Coalition (IRC) said that it's unlikely the measure will pass as a standalone bill, but instead might be added to a reconciliation package like the bipartisan infrastructure package, potentially in July. Representatives introduced legislation to replenish the Restaurant Revitalization Fund with a $60 billion second round of restaurant relief. Sean Kennedy, executive vice president for public affairs at the National Restaurant Association, said that all priority group applicants who will not receive promised grant money have been notified. The lawsuit filed in the Eastern District of Tennessee is seeking a temporary restraining order and injunction to halt the administration from paying out any grants, unless it starts processing and paying out money in the order applications were received regardless of an applicant's gender or race. Number 8860726. 3.1.2023 4:21 PM, Eric Boehm The recognizing date of the exempt status is September, 2022. Lines and paragraphs break automatically. A bipartisan group of lawmakers, according to the Hill,onJune 10 introduced the Restaurant Revitalization Fund Replenishment Actof2021 to add an additional $60 billion to the fund. In 2018, Michigan had 16,543 eating and drinking places, according to state data from the National Restaurant Association. A $28.6 billion federal restaurant aid fund has in its first week received more than 266,000 applications from struggling restaurants, many of which come from the Defendants propose as the government's compelling interest "remedying the effects of past and present discrimination" by "supporting small businesses owned by socially and economically disadvantaged small business owners who have borne an outsized burden of economic harms of [the] COVID-19 pandemic." The fund itself was based on the RESTAURANTS Act, a congressional proposal that sought $120 billion in direct aid to independent restaurants. Prioritizing the applicants was mandated byCongress. Get todays need-to-know restaurant industry intelligence. A US federal judge issued a preliminary ruling Tuesday in favor of a white male restaurateur who claimed he had been discriminated against in connection to his application for some of the nearly $29 billion in relief offered by the Biden administration. As to race-based classifications, Plaintiffs challenge SBA's implementation of the "socially disadvantaged group" and "socially disadvantaged individual" race-based presumption and definition from SBA's Section 8(a) government-contract-procurement scheme into the RRF- distribution-priority scheme as violative of the Equal Protection Clause. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. Genevieve Vang feels like one of the lucky ones. The lawsuit opens the door for a class action suit, in which all restaurant owners and restaurants in the United States who are encountering or who will encounter race or sex discrimination from the Small Business Administration, could be potentially entitled to relief from the court. His claim was approved by the SBA on May 25 prior to the court order, and he received his $104,590 grant on June 1. The owners of the Lost Cajun in Keller say that the governments plan to prioritize Restaurant Revitalization Fund applications from businesses owned by minorities, women, and veterans is discriminatory. The judge granted the restraining order, directed Greer to file his application with the RRF before May 19, and enjoined the SBA to process and consider his application. To proceed based on this interest, Defendants must provide a "strong basis in evidence for its conclusion that remedial action was necessary.". Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. . Do not sell my personal infoPrivacy PolicyContact UsRSS, SBA stops Restaurant Revitalization Fund payments after courts rule they're discriminatory. The group is appealing the decision. The Restaurant Revitalization Fund was practically destined to be oversubscribed. Accordingly, the Court concludes that Plaintiffs are likely to succeed on the merits of their claim that Defendants' use of race-based and sex-based preferences in the administration of the RRF violates [equal protection principles] . The SBA responded to a request for this article but has not yet shared the total number of businesses that have had their grants revoked. The lawsuit said the limited funding put white male applicants at significant risk that, by the time their applications are processed, the money will be gone an argument that did not sway the judge. The House Just Passed $42 Billion in Additional Relief for Restaurants, Senate Fails to Pass Additional COVID Relief Funds for Restaurants, What to Know About Restaurant Revitalization Funds, According to the Head of the Small Business Administration, How to Apply for and Receive Restaurant Relief Funds, Lawmakers Request Additional $60 Billion in Restaurant Relief Funds, How Is the CARES Act Going for Restaurants? Penn Hotel Sports & Raw Bar got $640,425; Lost Cajun received At The Weisblatt Firm, our legal team supports all types of businesses, including hedge funds. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. In an April interview with Food & Wine, SBA Administrator Isabella Casillas Guzman explained the importance of that structure. While the Court is mindful of statistical disparities and expert conclusions based on those disparities, "[d]efining these sorts of injuries as 'identified discrimination' would give governments license to create a patchwork of racial preferences based on statistical generalizations about any particular field of endeavor." The SBA opened the fund to the priority groups for the first 21 days of the application window. Terms Of Use, Federal Race-/Sex-Based Restaurant Revitalization Fund Grants Blocked, The Government Is Subsidizing Microchip FirmsWhile Making It More Expensive To Produce Microchips, Fox's Excuses Reinforce Dominion's Defamation Case, FDA Cracks Down on Animal Tranquilizer That Is Sometimes Mixed With Fentanyl, Ohio Woman Says Cops Broke Her Wrist for Recording During Traffic Stop, DeSantis' Disney Drama Turns Culture War Into Political Gains. 2021 CBS Interactive Inc. All Rights Reserved. WebSouth China receives no funding from any government for the production of this publication. "We keep it going.". THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. "This is critical in the first-come first-served program in order to ensure that those businesses are able to apply," she said. As its strong basis in evidence, Defendants point to the factual findings supporting the implementation of Section 8(a) itself in removing obstacles to government contract procurement for minority-owned businesses, including House Reports in the 1970s and 1980s and a D.C. District Court case discussing barriers for minority business formation in the 1990s and 2000s. SBAs leadership is frustrated with this outcome and remains committed to doing everything we can to support disadvantaged businesses getting the help they need to recover from this historic pandemic, the letter stated. Croson Co. (1989). Vitolo applied to receive federal relief from the $28.6 billion Restaurant Revitalization Fund that was created as part of the American Rescue Plan Act. He finished every time., Lifes a beach under the basket for Lemonts Miles Beachum. Senate group wades into tough talks on Social Security. But on Wednesday, the agency announced it had already received more than 147,000 applications from women, veterans and other disadvantaged restaurant owners in just over a week, requesting $29 billion in funds. The evidence submitted by plaintiffs indicates that the entire $28.6 billion in the Restaurant Revitalization Fund may be depleted before plaintiffs application can be According to a court filing, the last priority applications were processed on May 27 and the rest of the money in the fund was re-allocated to non-priority applicants. Restaurants in Texas and Tennessee filed lawsuits against the SBA, arguing thatprioritizing the Restaurant Revitalization Fundtogroups based on race and gender is unconstitutional. A legal group founded by ex-Trump aide Stephen Miller on Thursday filed another lawsuit accusing the Biden administration of racial discrimination in the distribution of COVID-19 relief funds, this time for money designated for restaurant owners. She called the SBA's hotline and was told the money was on its way. As of May 12, the Small Business Administration said those businesses had already applied for $29 billion, more than the fund's total amount. Sign up here. We Get browser notifications for breaking news, live events, and exclusive reporting. The lawsuit called for a more equitable distribution of the funds on a first-come, first-serve basis. The suit alleges that the Smiths are being subjected to unconstitutional race and sex discrimination by the priorities that the statute commands for minority- and women-owned businesses, and that because more than half of the requests for Restaurant Revitalization Fund monies were made by business owners under those categories, its possible that the entire $28.6 billion that Congress allocated to the Restaurant Revitalization Fund will be depleted before the plaintiffs can even be considered for relief under the program.. She and her business partner will soon meet with their landlord, who she says has been surprisingly "very cool" about not receiving rent for over a year, to figure out the future. Nation's Restaurant News is part of the Informa Connect Division of Informa PLC. Of the applications, 57% came from women, veterans, and socially and economically disadvantaged business owners, who had already applied for $29 billion in the $28.6 billion program by May 12, the SBA has said. To date, the administration has distributed $2.7 billion in aid to 21,000 restaurants since the program opened May 3. The owner of Bangkok 96 Street Food inside the Detroit Shipping Co.in Detroit applied for and received funds. More than 3,000 restaurants in Michigan permanently closed in 2020 due to the pandemic. Please enter a valid email and try again. "This is what we do," he said. While this is certainly unfortunate, Congress cannot reasonably have been expected to predict with precision the level of demand for funds nor how the demand would break down between priority and non-priority applications, the judge wrote. [The defendants' evidence] lacks the industry-specific inquiry needed to support a compelling interest for a government-imposed racial classification. It's not known how many restaurants in Michigan applied for RRF funding. This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. According to the lawsuit, Janice Smith and Jason Smith applied for assistance from the Restaurant Revitalization Fund on May 5 and discovered that they were entitled Smooth and cool., Do Not Sell/Share My Personal Information. Restaurant Revitalization Fund Replenishment Act of 2021 On June 11, 2021, Congress introduced the Restaurant Revitalization Fund Replenishment Act of 2021 to replenish the fund with $60 billion. They had applied for federal relief during the first 21 days of the Revitalization program, when priority was given to those groups because they were regarded as particularly in need of financial assistance. Vitolo claimed in his lawsuit that he failed to receive a Restaurant Revitalization Fund grant after applying on May 3 because he is a white man. | The plaintiffs argue that even though the distributed grants cannot be returned, the Sixth Circuits decision will have further-reaching impacts on COVID-19-related federal aid: The Sixth Circuit decision sets the precedent that racial and gender priorities such as the ones in American Rescue Plan Act are unconstitutional, Rick Esenberg, president and general counsel for the WisconsinInstitute for Law and Libertysaid in a statement. Roughly $2.7 billion have already been administered to 21,000 restaurants under the program, the AP noted. In a similar case, a federal district judge in Texas issued a preliminary ruling in May that the Restaurant Revitalization Fund discriminated against white restaurant operator, Philip Greer, owner of Greers Ranch Caf in Stephenville, Texas, alleging that the federal government violated the Constitutions Equal Protection Clause. She's spent the last 10 years writing about restaurant technology and the future of hospitality and was among the first journalists to cover these topics with regularity. The flow ofSmall Business Administration funds has been halted forthousands of restaurantbusinesses owned by women, socially or economically disadvantaged individuals and veteransbecause of lawsuits filed by several white business owners. The $28.6 billion Restaurant Revitalization Fund has only been processing and funding requests from businesses owned by women; veterans; or socially and economically disadvantaged individuals. 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