Houston family business sues over racial discrimination in government contracting

Houston, TX; February 5, 2025: A Houston-based family business is suing Harris County over its Minority and Women–Owned Business Enterprise (MWBE) program, arguing that the policy unconstitutionally prioritizes race over merit in awarding government contracts. Represented by Pacific Legal Foundation, Jerry and Theresa Thompson, owners of Landscape Consultants of Texas, have filed a federal lawsuit challenging racial preferences that threaten their business’s future.  
 
For over 30 years, the Thompsons have built Landscape Consultants into a leading provider of landscaping services for public parks, playgrounds, and other government-owned properties in Harris County, including Greater Houston. Their 50-member workforce is predominantly Hispanic, yet because Landscape Consultants’ owners are white, the company is excluded from MWBE set-asides and forced to subcontract work it is fully qualified to perform itself. 
 
“Harris County is making race — not merit — the deciding factor in public contracting,” said Erin Wilcox, a senior attorney at Pacific Legal Foundation. “Government should not be picking winners and losers based on skin color. This lawsuit is about ensuring all business owners’ equal protection under the law.” 
 
Harris County’s MWBE program mandates that a portion of county contracts must be awarded to businesses owned by women or racial minorities, categorized as “socially disadvantaged.” Contractors that fail to comply risk contract termination, withheld payments, and blacklisting from future bids.  
 
The Thompsons are committed to fighting an unjust system that prioritizes race over merit in government contracting and are already fighting similar racial preferences in the City of Houston. Without legal action, they fear they will be shut out of public contracts across the entire region.  
 
The case is Landscape Consultants v. Harris County. Pacific Legal Foundation represents the Thompsons at no charge.