Alexandria's Minority Business Grant Lawsuit Involves Firm That Worked For Trump, GOP

ALEXANDRIA, VA — The law firm representing a client challenging Alexandria's minority-owned business grant program had been involved in former President Donald Trump's tax returns case, and its late co-founder worked on a case that led to key parts of the Voting Rights Act being struck down.

The city's grant program for Black, Indigenous and people of color-owned small businesses program had been set to launch application Jan. 26 before a lawsuit was filed. The lawsuit comes from Alexandria-based engineering, logistics, and program management firm Tridentis, which says its white ownership excludes it from the grant process.

Consovoy McCarthy PLLC is the law firm representing Tridentis in the case, which was filed in the U.S. District Court for the Eastern District of Virginia in Alexandria. The law firm had represented Trump in cases related to the release of tax returns to the House Ways and Means Committee. William Consovoy, the lawyer who represented Trump, died in January.

The House Ways and Means Committee released six years of the former president’s tax returns on Dec. 30, for the years 2015 to 2020, CNBC reported. Analysts said Trump declared large losses and paid little or no taxes in multiple years, based on what the tax returns showed.

Consovoy, who once clerked for U.S. Supreme Court Justice Clarence Thomas died at age 48 of brain cancer. His firm built a reputation with clients including the Republican National Committee and Republican state officials, Reuters reported.

The wire service said Consovoy worked on a case at another law firm challenging parts of the Voting Rights Act, culminating in a 2013 Supreme Court decision that gutted provisions of the landmark law.

Supporters of Alexandria's minority-owned business program — the Alexandria Minority Business Association and Social Responsibility Group — brought light to Consovoy McCarthy’s involvement in the case. The groups called the lawsuit "political theater that comes at the expense of the Alexandria community."

“Tellingly, Tridentis has hired Consovoy McCarthy PLLC as their legal counsel for this suit," said Kevin Harris, founder of the Alexandria Minority Business Association and a former Alexandria City Council candidate. "I think that shows pretty clearly what their end-goal is."

The lawsuit from Tridentis claims the city's BIPOC Small Business Grant Program is illegal, citing the Equal Protection Clause of the 14th Amendment, which prohibits discrimination based on race. According to the complaint filed in Alexandria federal court, Tridentis is not eligible for the grant program because the company's owners are all white.

Alexandria's BIPOC Small Business Grant Program is geared toward small businesses in the City of Alexandria with at least 51 percent Black, indigenous and people of color ownership. The grant amounts between $1,000 and $7,000 would be available for business expenses such as working capital, inventory costs, rent, taxes, marketing efforts, technological advancements, business consultants, business growth and more.

The program would be paid for by $500,000 in contingent reserves set aside by City Council.

The program is on hold as the city reviews the lawsuit, the program's website says.

The Alexandria Minority Business Association was formed in response to disproportionate impacts of the COVID-19 pandemic on minority-owned businesses, the two organizations said in a statement. One of the ideas suggested by the association was the grant program.

Its partner in the opposition to the lawsuit, Social Responsibility Group, is led by Pastor Lou Whiting and advocates for disenfranchised and marginalized residents in Alexandria and surrounding communities.

"BIPOC-owned businesses are integral to our local community," said Harris in a statement. "We have to stop viewing grants towards BIPOC businesses as 'giveaways,' but rather as the true investments that they are in the City’s intellectual and financial infrastructure. These investments will only make our city stronger, and pay dividends to the entire Alexandria community."

The Alexandria Minority Business Association plans to create a sign-on letter for residents who support the grant program.