In 2021, Evanston, Illinois, became the first U.S. city to offer reparations to Black Americans for past housing discrimination. The program targets residents who were 18 or older and lived in Evanston between 1919 and 1969 or their descendants.
The initial benefit is $25,000 for housing-related expenses, with approximately $3 million paid out so far.
The city later added a $25,000 direct cash payment option for eligible individuals.
Public support in Evanston is significant, though initial opposition existed. Some critics argue that Evanston has acknowledged its historical role in racial discrimination, including redlining and restrictive covenants. The plaintiffs are seeking $25,000 payments and an injunction against the legislation.
A conservative legal group is suing Evanston, Illinois, the first U.S. city to enact a reparations plan.
They say it's unconstitutional because the qualification for the program is based on an applicant’s race. https://t.co/BCum8n65im
— NBC BLK (@NBCBLK) June 9, 2024
Constitutional Challenge
Judicial Watch, the conservative legal group, argues that the program violates the equal protection clause of the 14th Amendment by using race as a determining factor. The legal challenge is influenced by the Supreme Court’s recent rejection of race-aware college admissions.
The case is being closely watched as it may impact other cities and states considering similar reparations programs.
“Brandis Friedman: Their argument is that this reparations package is a violation of the equal protection clause of the 14th Amendment because the city of Evanston uses race as a proxy as a determining factor of whether or not someone experienced racism. Critics of that argument would say the city of Evanston has admitted to its role in racism between the years of 1919 and 1969, as have many cities, whether out loud or not, to the covenants, the restrictive covenants that prevented Black people from living in certain neighborhoods, the redlining that we all know, the federal government and the mortgage lenders at the time all participated in that. The other part is that they believe the federal government doesn’t have a compelling interest in making integration happen. The plaintiffs argue that they too should receive the $25,000 payments and are asking for an injunction against this legislation.”
The City of Evanston has stated they will defend the reparations program against the lawsuit. The ordinance initially excluded Black renters and those affected by other forms of anti-Black racism, leading to criticism and calls for amendments
. Recent developments show increasing political and public openness to reparations, with the House Judiciary Committee advancing legislation to study reparations and other municipalities considering local reparations initiatives.
Future Implications
The reparations program, funded through a municipal sales tax on recreational cannabis, totals $10 million.
Despite opposition, the first phase has distributed funds to eligible residents, with efforts ongoing to ensure the policy benefits the city’s most vulnerable Black residents. The judicial outcome of this case could have far-reaching implications for similar reparations efforts being considered across the United States.
“The Evanston, Illinois’ ‘reparations’ program is nothing more than a ploy to redistribute tax dollars to individuals based on race,” Judicial Watch President Tom Fitton said in a statement.
As of May 1, at least 129 people had accepted reparations payments, with an additional 80 descendants expected to receive payments this year.
