Asian Indians Qualify for MBE Set-Asides

Kegler Brown Construction Newsletter

The Franklin County Court of Appeals has ruled in favor of businesses owned by persons of Asian-Indian descent who sought to be certified as minority business enterprises (MBEs) for the purposes of state contracts. Although the State's administrative rules attempted to exclude Asian-Indians from the definition of "Oriental" qualifying for MBE consideration, the Court of Appeals ruled that a plain reading of O.R.C. ยง122.71(E) required Asian-Indians to be considered "Orientals" and eligible for MBE status. DLZ Corp. v. Ohio Dept. of Adm. Serv. (1995), 102 Ohio App. 3d 777.