A federal lawsuit against the City of Evanston, Illinois, over its groundbreaking reparations program has advanced, potentially setting a precedent for other cities considering similar initiatives. The case, brought by Judicial Watch, challenges the program’s use of race as a determining factor for eligibility.

Federal Court Allows Lawsuit to Proceed

On Friday, a federal court denied a motion to dismiss the lawsuit, marking a significant victory for Judicial Watch. U.S. District Judge John F. Kness determined the complaint was sufficient to move forward with the case. Michael Bekesha, a senior attorney at Judicial Watch, stated, “Those cities would take a hard look at what they were planning on doing and realize that if they're going to try and get reparations programs to be lawful, they are going to have to do something differently.”

The Core of the Legal Challenge

Judicial Watch argues that Evanston’s program violates the Constitution by discriminating based on race. The lawsuit is based on the Equal Protection Clause of the Fourteenth Amendment. The program provides $25,000 in direct cash payments to Black residents – and their descendants – who lived in Evanston between 1919 and 1969.

Evanston's Pioneering Program

Evanston became the first U.S. city to establish a formal reparations plan, committing $10 million over a decade to eligible residents. To date, 137 people have received payments totaling $3.47 million, with an additional $4 million expected to be distributed to 171 recipients by the end of the year. The funds are intended to address historical housing inequities.

City's Defense and Next Steps

The City of Evanston initially argued that the plaintiffs hadn’t applied to the program and the application period was closed. However, Bekesha countered that an application would have been “futile” for non-Black applicants. The city maintains its commitment to defending the program, stating, “The city will continue to vehemently defend this case.” The next hearing will focus on scheduling.

Broader Implications for Reparations Efforts

Beyond Evanston, other cities and states are exploring reparations initiatives. Chicago Mayor Brandon Johnson is planning a public forum, ‘Repair Chicago,’ to gather input on a potential reparations program. Illinois’ reparations commission has also released a report detailing the state’s history of harm to Black residents. A similar lawsuit has been filed in San Francisco challenging that city’s reparations fund.

Judicial Watch represents five plaintiffs who allege they would be eligible for reparations “but for the color of their skin.” Bekesha believes a ruling declaring the Evanston policy unconstitutional would prompt other cities to reconsider their approaches to reparations.