Illinois city slapped with lawsuit over 'unconstitutional' reparations plan: 'Using race as a proxy'

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The city of Evanston, Illinois faces legal action for doling out reparation payments in what is being called an "unconstitutional" program.

The Illinois city made history in 2019 by becoming the first in the nation to create a government-funded reparations program for current and former Black residents. In 2021, the Evanston City Council voted 8-1 to approve a reparations plan that would provide $25,000 for qualifying Black residents and descendants of residents to address harms caused by a pattern of housing discrimination and segregation that existed between 1919 and 1969.

Six non-Black descendants of Evanston residents who lived in the city during that time period attacked this since-implemented program for being "presumptively unconstitutional" based on its racial requirement.

Some Evanston citizens are accusing a reparations program of violating the Equal Protection clause by favoring Black residents. (Photo by Manny Ceneta/Getty Images)

"Defendant [Evanston], acting under color of law, is depriving Plaintiffs of their right to equal protection by purposefully and intentionally discriminating against Plaintiffs on the basis of race. Defendant’s use of race as an eligibility requirement injures Plaintiffs because it is a barrier that prevents Plaintiffs from participating in and obtaining payments under the program on an equal footing with persons who are able to satisfy Defendant’s race requirement," the lawsuit read.

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It added, "Plaintiffs also are injured by Defendant’s use of race as an eligibility requirement because, but for the requirement, Plaintiffs would each be eligible for and in line to receive $25,000 under the program."

The lawsuit seeks $25,000 payments to all eligible applicants regardless of race. (iStock)

The lawsuit also called the program "overinclusive," as some groups eligible for payment were not required to provide evidence that they or their ancestors experienced housing discrimination and segregation. The city, the plaintiffs claim, is "using race as a proxy for having experienced discrimination during this time period."

"Plaintiffs are being irreparably harmed by Defendant’s deprivation of their rights to equal protection and will continue to be irreparably harmed unless Defendant’s use of race as an eligibility requirement for the program is declared unconstitutional and enjoined," the lawsuit claimed.

Evanston committed $10 million to the program and pledged another $10 million to the program in 2022. According to city records cited by the lawsuit, the city approved 454 "direct descendant" applications and plans to pay at least 80 applicants in 2024. 129 "ancestor" applications, people who lived in Evanston between 1919 and 1969, have already received payments.

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Plaintiffs are calling for Evanston to remove race as an eligibility requirement and award all eligible applicants, including non-Black citizens, the $25,000 promised in the program.

Evanston launched a committee to distribute reparations in 2019. (Ira L. Black/Corbis via Getty Images)

In a statement to Fox News Digital, Communications and Engagement Manager Cynthia Vargas said, "The City of Evanston does not comment on the specifics of pending litigation, but we will vehemently defend any lawsuit brought against our city’s reparations program."

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Fox News' Kendall Tietz contributed to this report.