Evanston's pioneering reparations initiative faces legal challenge from conservative activists.
Last month, a lawsuit was filed against the city of Evanston, Illinois, a suburb of Chicago. The lawsuit claims the city's reparations program, which requires applicants to state whether they and their ancestors identify as Black or African American, violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
This push for reparations gained momentum following the 2020 uprising after George Floyd's killing. Initiatives to explore ways to address the racial wealth gap and discriminatory practices that contributed to it have been discussed in cities like San Francisco and St. Paul, Minnesota, and on the state-level in California.
Evanston's reparations program was established in 2019 aiming to rectify the pattern of housing discrimination and segregation that took place in the city from 1919 to 1969. Those who lived in the city during that time, along with their children, grandchildren and great-grandchildren could receive $25,000 in housing assistance.
The program was updated last year to provide the option of a direct cash payment.
The lawsuit, filed on behalf of six individuals who have parents or grandparents who lived in Evanston during that time period but do not identify as Black or African American, argues that Black residents were not the only ones who experienced discrimination.
"Evanston is using race as a proxy for having experienced discrimination during this time period," the suit states.
Cynthia Vargas, a spokesperson for the city of Evanston, said in a statement to CNN, "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."
Judicial Watch is asking a judge to declare the reparations program's use of race as unconstitutional and issue an injunction to stop the continued use of race as a requirement. It also seeks to certify the case as a class action lawsuit, which it claims could include tens of thousands of plaintiffs.
"This scheme unconstitutionally discriminates against anyone who does not identify as Black or African American," Judicial Watch President Tom Fitton said in a statement. "This class action, civil rights lawsuit will be a historical defense of our color-blind Constitution."
The city pledged $20 million for the reparations program. A report recently filed with the city's Reparations Committee indicates that Evanston expects to pay around $5 million in cash payments and housing assistance by the end of this year, with more applicants still being evaluated. The city calendar shows that the next scheduled committee meeting, set to occur Thursday, was canceled.
Adrienne Broaddus played a role in this report.
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In response to the lawsuit, Cynthia Vargas, a spokesperson for the city of Evanston, stated, "The City of Evanston will vehemently defend any lawsuit brought against our city's reparations program." After the lawsuit was filed, Judicial Watch asked a judge to declare the program's use of race as unconstitutional and stop its continued use as a requirement.
