A federal judge has ruled unconstitutional a Cook County law requiring that at least 40 percent of county construction contracts go to minority- and women-owned businesses.

Judge John Grady ruled recently that preferences for minorities and women violated the equal protection clause of the 14th Amendment.

The challenge to the preferences was brought in 1996 by the Builders Association of Greater Chicago, a trade group comprising some of the city’s largest commercial builders.

"Judge Grady did not find any evidence of discrimination in the construction community in Chicago," said Albert Leitschuh, association executive vice president. "We’re not against minority enterprises. We just don’t believe it’s right to legislate who you should hire."

Cook County Board President John Stroger called the ruling disappointing. He said he will consult with county lawyers about appealing.

The law was enacted in 1988 and revamped five years later after the Supreme Court struck down a set-aside program in Richmond, VA.

Set-aside programs have been struck down by courts or abandoned in a number of cities in recent years, including Miami, Detroit, New York, Philadelphia and Denver.

The Builders Association has filed suit against the city of Chicago for a similar program. That lawsuit is pending before another federal judge.

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