Disadvantaged Business Enterprise Program ruled unconstitutional; implications for Indiana INDIANAPOLIS (WISH) — The longstanding Disadvantaged Business Enterprise Program, which the federal government established in 1983, has faced a significant legal setback. Last week, a federal court ruled the U.S. Department of Transportation program unconstitutional, stating that it violates the Fifth Amendment. The program mandates that at least 10% of federal funding for highway and transit projects be allocated to disadvantaged businesses. Emil Ekiyor, a contributor for WISH-TV, joined News 8 on Monday for a conversation, highlighting Indiana’s role in this unfolding story. The plaintiffs in the case argued that the program unfairly favored certain businesses over others, constituting a violation of the 5th Amendment’s guarantee of equal protection. In response to the ruling, the Department of Transportation has expressed compliance but intends to continue defending the program. Looking ahead, the path forward remains uncertain.