Evanston’s Reparations Program Faces Class Action Lawsuit [ Chicago Tonight : Black Voices episode]

[get these nets]

*segment runs about 10 minutes long. 9 + 1

Spoiler: last minute of segment

Black Voices

Evanston’s Groundbreaking Reparations Program Faces Class Action Lawsuit​

June 5, 2024


Evanston’s groundbreaking reparations program is now facing a legal challenge.

The program is aimed at addressing housing discrimination and segregation that took place in the northern suburb from 1919 to 1969.
The city’s original plan was to distribute funds to eligible Black households in the form of $25,000 payments for home repairs, down payments or interest or late penalties owed to the city.


The measure has since expanded to include direct cash payments that can be used at recipients’ discretion.


But that program is now under fire as a class action lawsuit is challenging the city’s “use of race as an eligibility requirement.”

Christine Svenson, one of the attorneys representing the plaintiffs in the lawsuit, said the reparations program violates the equal protection clause of the 14th Amendment and that the U.S. Supreme Court has ruled “that they are not in the business of remedying societal discrimination.”


Justin Hansford, a law professor at Howard University, said he believes this interpretation of the 14th Amendment is not correct.

 

[Voice of Reason]

all of these local reparations programs that don't use a lineage based frame work are not serious and are being intentionally sabotaged.

 

[At30wecashout]

all of these local reparations programs that don't use a lineage based frame work are not serious and are being intentionally sabotaged.

Bro, I feel like I responded to you in the TLR thread. I even linked the direct text they implemented. Even the website mentions you have to be a direct descendent of folks that were directly effected:

Evanston Local Reparations | City of Evanston

Also if you actually watched the video, the lady representing Judicial Watch (right wing org) specifically softens on the "Uses race" and starts talking about having to prove (about 5:50) that the people were harmed.

Judicial Watch Files Class Action Lawsuit over Reparations - Judicial Watch

(Washington, DC) – Judicial Watch announced today it filed a class action lawsuit against Evanston, Illinois on behalf of six residents over the city’s use of race as an eligibility requirement for a reparations program which makes $25,000 payments to black residents and descendants of black...

www.judicialwatch.org

Remedying societal discrimination is not a compelling governmental interest. Richmond v. J.A. Croson Co., 488 U.S. 469, 505 (1989); see also Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 307 ((1978) (opinion of Powell, J.) (describing “societal discrimination” as “an amorphous concept of injury that may be ageless in its reach into the past.”) Remedying discrimination from 55 to 105 years ago or remedying discrimination experienced at any time by an individual’s parents, grandparents, or great grandparents has not been recognized as a compelling governmental interest…

Defendant also has not and cannot demonstrate that its use of a race as an eligibility requirement is narrowly tailored. Among other shortcomings, Defendant’s use of race as a proxy for experiencing discrimination between 1919 and 1969 does not limit eligibility to persons who actually experienced discrimination during that relevant time period and therefore is overinclusive. Defendant also failed to consider race-neutral alternatives, such as requiring prospective recipients show that they or their parents, grandparents, or great grandparents actually experienced housing discrimination during the relevant time period because of an Evanston ordinance, policy, or procedure, as Defendant requires for the third group of prospective recipients. Nor did Defendant take into account race-neutral anti-discrimination remedies before adopting its race-based eligibility requirement.

Mind you, this is the second time this org has tried to sue Evanston and the first was tossed. This time around, they found 6 people who are non-black to have them say "We lived during that time and things were not fair for us." Not to mention the last minute of the video she starts talking about how "Maybe you should be suing the banks" and other deflections to basically say what she and the lawsuit says: Remedying societal discrimination is not a compelling governmental interest.

So, this argument that the programs need to be lineage based...Oh, here is the text BTW:

https://cityofevanston.civicweb.net/document/50624/Adoption%20of%20Resolution%2037-R-27,%20Authorizing%20the.pdf?handle=E11C7B73E1B6470DA42362AB80A50C46

1. Ancestor: African American or Black resident of the City between 1919 and 1969 who may have children, grandchildren, great-grandchildren, or other issue defined as a “Direct Descendant.”
2. Applicant: Black or African-American person seeking compensation based on the criteria outlined in this guideline.
3. Black or African-American:A person having origins in any of Africa’s black racial and ethnic groups.

The 3rd line is most important, as realistically, anyone related to black people who experienced discrimination would qualify, even if we would jump up and down saying they are white. If you actually listen to the foolishness Judicial Watch is pulling, they are saying:

1. It's not narrow enough (though only about 400 people are even seeing reparations funded by legal marijuana in Evanston)
2. People aren't having to prove that they were harmed by Evanston
3. The government should not prioritize righting a wrong
4. This is race based (even though if you have a drop of black in you, you basically qualify)

The lesson should be to stop questioning the laws and the people who made them, and see how many different ways white supremacists are going to try to crack this nut. This was not self-sabotaged, and they have been paying out for 3 years with a constituency that favors reparations. And Evanston is largely white, with lots of Asian and black mixed in. Even if this lawsuit fails, they will try to attack it another way, because this is the narrowest application of reparations attempted and its still being attacked because it can lead to more elsewhere. Stop questioning the people who did what was right and focus on the mofos trying to undo it.