Lawyers representing a group suing Evanston, Illinois, regarding its reparations initiative expressed on Tuesday that a favorable court ruling could compel other cities considering similar programs to rethink their strategies.
“These cities will likely reassess their plans. They’ll have to alter their reparations models if they want them to stand legally,” suggested Michael Bekesha, a senior attorney with Judicial Watch.
A conservative watchdog group recently celebrated a preliminary win in federal court when a judge dismissed an attempt to throw out their lawsuit against Evanston’s reparations program. This lawsuit is challenging compensation schemes that employ race as a selection criterion, arguing such measures violate constitutional rights.
The city of Evanston’s program offers direct cash payments of $25,000 to Black residents and their descendants who lived there from 1919 to 1969. Evanston notably became the first city in the U.S. to enact a reparations plan, pledging $10 million over a decade for eligible Black residents.
Currently, no final decision has been made regarding the program’s constitutionality. Judicial Watch is awaiting a hearing to discuss the next steps, as Bekesha mentioned to FOX News Digital.
He added that ideally, the court would rule the reparations policy unconstitutional, thereby halting any further compensation tied to race.
“Even before the court weighs in on the merits of this case, I think cities will seriously deliberate on implementing any reparations plans moving forward,” Bekesha noted.
U.S. District Judge John F. Kunes has permitted Judicial Watch’s civil rights class action to advance, indicating that the initial filings provided adequate grounds for the lawsuit’s continuation.
The City of Evanston countered that the plaintiffs did not apply to the reparations program, and that deadline to apply expired in 2021. They argued that eligibility could depend on factors other than race, such as socioeconomic status.
“The court aligned with our argument, saying they didn’t have to apply since they didn’t meet the racial eligibility,” Bekesha further clarified.
In response to the ruling, a city spokesperson acknowledged it and stated that Evanston would continue to defend its program vigorously.
Efforts in Evanston to provide reparations have gained attention, as other states and local governments initiate similar measures. The city’s reparations approach targets housing costs, and so far, 137 individuals have received a total of $3.47 million in payouts, with projections suggesting that by year-end, this could rise to around $4 million for 171 recipients, including lineal descendants.
Chicago’s Mayor, Brandon Johnson, is also making waves. He plans an event called “Repair Chicago,” aimed at collecting narratives from Black residents regarding their experiences with systemic issues.
At the state level, the Illinois Reparations Commission has disseminated findings citing historical injustices suffered by Black residents.
Judicial Watch’s challenge against Evanston represents a significant federal scrutiny of local reparations initiatives, as the organization advocates on behalf of five individuals claiming the program breaches the Equal Protection Clause of the Fourteenth Amendment.
“Without regard to their skin color, these individuals qualify for the same $25,000 compensation,” Bekesha remarked.
Like Evanston, residents in San Francisco are pushing back against their city’s reparations fund, aiming to halt its progress through legal action.
