A White business owner and his business, DigitalDesk Inc., were denied a second chance at their lawsuit alleging a Texas county Covid-19 relief program was racially biased since they failed to request discovery in the lower court, a federal appeals court said Thursday.
R. Greg Gomm and DigitalDesk were ineligible for a grant under the program because they failed to submit a filed 2020 tax return, and their “failure to request discovery foreclosed a contrary finding,” Judge Patrick E. Higginbotham of the US Court of Appeals for the Fifth Circuit said in an opinion affirming dismissal of the case.
Gomm’s ...