The Department of Justice (DOJ) is opposing Evanston, Illinois's attempt to dismiss a federal lawsuit that challenges the city's race-based reparations program. The legal dispute intensified after a federal judge allowed the DOJ to join the civil rights lawsuit originally filed by the watchdog group Judicial Watch.
Evanston's legal representation has indicated the city intends to file a motion to dismiss the government's complaint, while maintaining its commitment to the reparations program. A DOJ spokesperson stated that Evanston's race-based reparations program is illegal under federal law and that the department will oppose the motion to dismiss.
The program, which began in 2019, offers $25,000 in direct housing-related benefits and cash payments to Black residents and their descendants who lived in Evanston between 1919 and 1969. Evanston was the first U.S. city to approve a municipal reparations plan, with funding initially derived from a local cannabis tax.
The DOJ contends that the program unlawfully distributes taxpayer benefits based solely on race and ancestry, alleging violations of the Equal Protection Clause of the 14th Amendment and the Fair Housing Act.
This development follows a prior ruling by U.S. District Judge John F. Kness, who denied Evanston's initial attempt to dismiss Judicial Watch's lawsuit. Judicial Watch filed the class-action suit on behalf of six non-Black individuals who met the residency criteria for the qualifying era but were excluded from applying due to their race.
"Evanston’s $25,000 government payments based on race are blatantly unconstitutional," said Michael Bekesha, an attorney for Judicial Watch. "Evanston already tried and failed to dismiss Judicial Watch’s lawsuit, and we do not expect its latest effort to dismiss the Justice Department’s complaint to succeed." He added that Judicial Watch will continue to fight the program regardless of the DOJ's case outcome.
A spokesperson for Evanston stated that the city does not comment on pending litigation but will "continue to vehemently defend any lawsuit brought against our city's reparations program."