Evanston Expands Reparations Program Amid Legal Challenges

Evanston, Illinois, is advancing the next phase of its “restorative justice” program. This week, the City’s Reparations Committee announced that 44 additional Black residents have been approved for $25,000 grants, part of a broader $1.1 million initiative aimed at addressing historical housing discrimination.

So far, around $6.35 million has been distributed to 254 individuals as part of this effort.

The initiative was first introduced by Robin Rue Simmons, the former 5th Ward Alderman, who served from 2017 to 2021. She proposed the reparations program back in 2019, presenting a plan to the local Equity and Empowerment Commission early that year.

This eventually led to Resolution 126-R-19, which established the City of Evanston Reparations Fund and the Reparations Subcommittee. Simmons co-sponsored this measure with Aldermen Ann Rainey and Peter Braithwaite. The City Council approved it on November 25, 2019, by an 8-1 vote, allocating the first $10 million from the city’s cannabis sales tax to fund reparations aimed at addressing housing discrimination and wealth disparities for Black residents.

This initiative made Evanston the first city in the United States to create a tax-funded reparations program for Black residents, focusing on individuals referred to as “Ancestors,” meaning those who lived in the city as adults between 1919 and 1969, along with their direct descendants.

The Local Reparations Restorative Housing Program was created to assist eligible Black residents—offering funds for home repairs, down payments, or mortgage assistance. Interestingly, the City Council expanded the program last year. Initially, the funds were only applicable for housing-related expenses, but now recipients have the option for direct cash payments, which aims to better serve elderly residents who may not own homes anymore or need funds for immediate needs.

Details about the recent disbursement include:

• Grant amount: $25,000 per individual.
• Total allocation: $1.1 million for this specific group.
• Funding source: Revenue from the city’s 3% tax on recreational marijuana sales and part of the real estate transfer tax.

The 44 selected residents mostly fall under the “Ancestor” group, which requires applicants to show that they faced discriminatory housing practices due to city policies from the mid-20th century.

While Evanston’s approach is frequently lauded as a groundbreaking model for municipal restorative justice, the program has not been without challenges. A lawsuit from Judicial Watch, a conservative group, claims that its race-based eligibility criteria violate the Equal Protection Clause of the 14th Amendment.

In the ongoing federal case, *Flinn v. City of Evanston*, Judicial Watch argues that the reparations program represents a significant violation of said amendment, as it distributes public benefits based on race. They represent six non-Black plaintiffs who meet the residency and lineage requirements but are omitted due to race. The plaintiffs argue that the city improperly uses race to determine eligibility without considering race-neutral options that might be more appropriate.

Judicial Watch is seeking a permanent injunction against the race-specific requirements and $25,000 in damages for each plaintiff, arguing it’s unconstitutional to allocate tax funds based on what they call generalized historical grievances.

Despite the ongoing lawsuit, Evanston officials are determined to press on with the program. They maintain that the grants are not merely race-based but serve as remedies for documented local harms caused by specific discriminatory housing practices. By continuing to distribute grants amid this legal pushback, Evanston appears to be testing the legal framework for municipal reparations.

To date, the city has set a $10 million goal over a decade. With this recent batch of 44 residents, they’re getting closer to fulfilling the initial list of prioritized applicants.