Casino set-aside program struck down

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Wednesday, Feb. 9, 2000 | 11:09 a.m.

THE ASSOCIATED PRESS

ATLANTIC CITY -- A federal judge Tuesday struck down as unconstitutional a set-aside program that calls for New Jersey casinos to award at least 15 percent of their contracts to companies headed by women and minorities.

In another blow to affirmative action policies governing casinos, U.S. District Judge Stephen Orlofsky granted a preliminary injunction barring the state Casino Control Commission from enforcing the program.

"It is clear that the set-aside program establishes an unequal playing field in the awarding of contracts by the casino industry," he said in a 29-page opinion.

The injunction was sought by the Association for Fairness in Business, a group of contractors that sued Dec. 9 challenging the program. The group said New Jersey instituted the program in the 1980s without proving there had been discrimination in the awarding of contracts by casinos in the first place.