DOJ Asks Judge to Halt Evanston's Reparations Program, Citing Racial Discrimination

The U.S. Department of Justice (DOJ) has requested a judge to halt Evanston, Illinois's reparations program. This action aligns the DOJ with an existing lawsuit challenging the program's constitutionality.

The program, initiated in 2021, is designed to provide $25,000 to Black residents and their direct descendants who resided in Evanston between 1919 and 1969 and experienced housing discrimination due to city ordinances, policies, or practices. Individuals, regardless of race, who faced discrimination from city policies or practices after 1969 also qualified.

Funding for the initiative comes from a local tax on legal marijuana sales. The city has already distributed over $7 million in $25,000 increments. These funds are designated for purposes such as home repairs, down payments on property, or covering interest or late penalties on property within Evanston.

In a court filing on Tuesday, the DOJ characterized the program as "racially discriminatory." The department stated that it violates the Equal Protection Clause of the U.S. Constitution because it allocates different benefits based on race. Harmeet Dhillon, the Assistant Attorney General of the Justice Department's Civil Rights Division, commented that while cities have valid methods to address past discrimination or aid vulnerable citizens, "simply handing out money based on race... is not the answer."

Michael Bekesha, an attorney involved in the initial lawsuit filed in May 2024 on behalf of six plaintiffs, indicated that applicants were not required to demonstrate specific harm from the City of Evanston, making race the primary criterion for eligibility. He stated his clients would be eligible if they were Black. Bekesha distinguished Evanston's program from past reparations initiatives, such as compensation for Japanese Americans interned during World War II or victims of police torture in Chicago, by arguing a lack of a direct link between the recipients and specific actions taken by the city.

Robin Rue Simmons, who pioneered the Evanston program and now leads its oversight committee, contended that the lawsuit and federal involvement constitute a "fear tactic" aimed at deterring other governments from pursuing similar programs. Simmons disputed the claim that the program was not specifically tailored to historical policies, referencing redlining policies within the city during the 1919-1969 period.

According to the U.S. Census, approximately 14% of Evanston's 76,000 residents are Black, with an additional 11% identifying as more than one race. A 2024 study on the reparations program noted that most of the city's Black residents live in the historically low-income Fifth and Second Wards. The concept of reparations has been a long-standing national debate, gaining significant momentum following George Floyd's death in 2020. Several states, including California, New York, and Maryland, and numerous cities have established task forces to study reparations, but Evanston is noted as the first to distribute funds.

According to Fortune, the Evanston program is the first and only one of its kind in the U.S.