A Texan court has agreed to hear why the president should not discriminate against federal handout recipients based on their cultural background or gender.

The U.S. District Court for the Northern District of Texas Fort Worth division accepted a new lawsuit against the Joe Biden administration’s plan to prioritize Chinese Communist Party (CCP) Virus relief funding for women and racial minorities.

U.S. District Judge Reed O’Connor ruled three restaurateurs can state why they think the U.S. Small Business Administration should not award $28.6 billion in grants to so-called ‘priority groups’ based on race or gender.

“The court grants plaintiffs’s motion for preliminary injunction … [and] consider plaintiffs Jason and Janice Smith’s and plaintiff Eric Nyman’s applications for Restaurant Revitalization Fund (RRF) grants as if the SBA had initiated processing of those applications at the time the applications were filed,” O’Connor said in the preliminary injunction order.

The judge and jury will carefully evaluate how closely SBA adhered to its equal opportunity policies. During this time, SBA will be required to delay “processing or considering” RRF applications filed after the plaintiffs applied.

“[This delay will continue] until their applications have been processed and considered in accordance with a race-neutral, sex-neutral ‘first come, first served’ policy,” the order said.

America First Legal, representing the plaintiff trio, welcomed the decision and hopes it will deter federally funded organizations from discriminating against white business owners.

“This order is another powerful strike against the Biden administration’s unconstitutional decision to pick winners and losers based on the color of their skin,” America First Legal (AFL) President Stephen Miller said in a statement.

AFL and the entrepreneurs will state their case on June 3 at the Eldon B. Mahon Courthouse—about 32 miles west of downtown Dallas. One of the many topics to be discussed includes an ideology that challenges mainstream liberal approaches to racial justice.

“The discriminatory policies imposed by the Biden administration are an outgrowth of flawed ideologies like critical race theory, and are a dire threat to the American people,” Miller said. “AFL will not relent in our mission to restore and protect civil rights and the sacred principle of equality under the law for all Americans–the Biden administration is officially on notice.”

Other topics will focus more on whether President Biden’s policy to prioritize women and ethnic minorities comply with the U.S. Constitution.

“Plaintiffs contend they are substantially likely to succeed on the merits of their constitutional challenge,” O’Connor said.

On the other hand, SBA is likely to defend itself by challenging the validity of the legal action, primarily based on a technicality.

“Specifically, defendants argue the ‘statutory provision that they challenge … expired by its own terms approximately 24 hours after plaintiffs filed their complaint,” O’Connor said.

However, the judge believes there are reasonable grounds to allow the case to proceed regardless of timing.

“For the forthcoming reasons, the court disagrees and concludes plaintiffs claims are not moot and are likely to succeed on the merits,” O’Connor said. “Mootness is the ‘doctrine of standing in a time frame. The requisite personal interest that must exist at the commencement of litigation (standing) must continue throughout its existence.'”

Nevertheless, there are still concerns the court case could take so long that SBA exhausts its federal funds and before restaurant relief petitions from women and ethnic minorities can be finally reviewed.