May 29, 2024 Story by: Editor
The city of Evanston, Illinois, is facing a lawsuit over its reparations program, which some are calling “unconstitutional.”
In 2019, Evanston became the first city in the U.S. to introduce a government-funded reparations program for Black residents, both current and former. By 2021, the Evanston City Council had voted 8-1 in favor of a plan to provide $25,000 to eligible Black residents and descendants of those affected by housing discrimination and segregation that occurred between 1919 and 1969.
However, six non-Black descendants of Evanston residents who lived in the city during that period have challenged the program, arguing it is “presumptively unconstitutional” due to its racial eligibility requirement.
“Defendant [Evanston], acting under color of law, is depriving Plaintiffs of their right to equal protection by purposefully and intentionally discriminating against Plaintiffs on the basis of race. Defendant’s use of race as an eligibility requirement injured Plaintiffs because it is a barrier that prevents Plaintiffs from participating in and obtaining payments under the program on an equal footing with persons who are able to satisfy Defendant’s race requirement,” the lawsuit stated.
The plaintiffs also argued, “But for the requirement, Plaintiffs would each be eligible for and in line to receive $25,000 under the program.”
Additionally, the lawsuit criticized the program for being “overinclusive,” suggesting that some eligible groups did not need to prove they or their ancestors experienced housing discrimination or segregation. The plaintiffs claim the city is “using race as a proxy for having experienced discrimination during this time period.”
According to the lawsuit, “Plaintiffs are being irreparably harmed by Defendant’s deprivation of their rights to equal protection and will continue to be irreparably harmed unless Defendant’s use of race as an eligibility requirement for the program is declared unconstitutional and enjoined.”
Evanston initially committed $10 million to the reparations program and pledged an additional $10 million in 2022. City records, referenced in the lawsuit, show that Evanston has approved 454 “direct descendant” applications and plans to pay at least 80 applicants in 2024. Meanwhile, 129 “ancestor” applications from people who lived in Evanston between 1919 and 1969 have already received payments.
The plaintiffs are calling on the city to eliminate race as a criterion for eligibility and to ensure that all qualifying applicants, including non-Black residents, receive the $25,000 payment promised under the program.
In response to the lawsuit, Evanston’s Communications and Engagement Manager, Cynthia Vargas, told Fox News Digital, “The City of Evanston does not comment on the specifics of pending litigation, but we will vehemently defend any lawsuit brought against our city’s reparations program.” Source: FOX NEWS
