Elton Mason, owner of Washington State Trucking, has filed a discrimination lawsuit against WSDOT, Seattle Tunnel Partners and other entities with the U.S. District Court in Seattle. The lawsuit, filed last week, alleges racial discrimination and retaliation with regards to Washington State Trucking’s participation on the Alaskan Way Viaduct Tunnel Project.
Mason and his attorney, Beverly Grant, announced the lawsuit at a press conference this week.
The lawsuit is based on what Mason and Grant allege are gross and egregious breaches of state and federal laws as it relates to Disadvantaged Business Enterprise (DBE) participation on federally assisted contracts in Washington State and the prohibition against discrimination and retaliation in public works contracting.
“It’s been completely frustrating dealing with governmental agencies that fail to do the right thing,” Says Mason. “Even with companies that are qualified to be in the program, we have to make sure that there is a level playing field in the industry.”
According to filing papers, Mason claims that WSDOT failed to “ensure STP’s compliance” with the DBE Program and allowed STP “to place artificial barriers in its RFP’s.” For example, Mason alleges that STP required Washington State Trucking to own 20 trucks, post performance bonds, provide personal and business financial information, while not requiring non-DBE sub contractors to provide such information and resources.
Mason claims he’s filing this lawsuit due to the perpetual failures of the defendants to comply with the federal and DBE’s mandatory regulations, rules, policies and procedures.
Mason states he filed several Title VI complaints against WSDOT and STP including a 2012 filing with the FHWA, in which the Federal Highway Administration’s Daniel M. Mathis concluded that the, “ facts support Mr. Mason’s allegations as well as those of an additional 8 DBE’s.”
Grant believes that this makes a strong foundation to proceed.
“What is ironic about this particular case is that there have been numerous investigations both federal and state and in fact the attorney representing the WSDOT has done a very thorough investigation in December of 2013 to this date none of the issue that have been posed by the Attorney have been properly addressed,” says Grant.
Other Black business owners claim that they have been affected by similar business practices. Businesses such as Allied Fuel represented by retired New York Jet James Hasty, claims that he has faced similar issues in dealing with Seattle Tunnel Partners and WSDOT.
“I think its important for everyone to know that there’s been an amicable means in which we have all tried to resolve the matter,” says Hasty. “We reached out to different folks within the WSDOT, the Office of Equal Opportunity, we’ve reached out to various folks to try and resolve the matter and no one has wanted to sit down and be reasonable and now we are forced to take legal action.”
Mason’s case seems to be growing in momentum and with the investigations that surround it, attorney Beverly Grant feels confident in the success of these proceedings.
“I feel extremely confident,” says Grant. “Especially when we have had investigations conducted that said “listen these things need to be corrected.”
“How long must they wait for them to be corrected,” she added.
