Public Interest Law & Policy

Class 3

Ronald W. StaudtSeptember 1, 2009

Public Interest Law & Policy

Waiting for Gautreaux, pages 47- 78

Gautreaux v. CHA, 296 F. Supp. 907 (N.D. Ill. 1969)(J. Austin, summary judgment decision)

Supplemental Material: Gautreaux v. CHA, 304 F.Supp. 736 (N.D.

Ill. 1969) (judgment order)

Waiting for Gautreaux - recap

“Litigation-an effective lever for social change!”

Staffing and process of test case litigation Dream team 6 months of research—

Mary McGuire letter: key response by HUD to West Side Federation – preferences + City council opposition!

“Find us some plaintiffs”

Regrets about Chicago Freedom Movement Summit

Waiting for Gautreaux Fact gathering/ complaint

drafting Lead plaintiff Intent v. effects Choice of defendants Allegations p. 48 & Complaint in

Gautreaux v. HUD August 9, 1966—complaint filed

Waiting for Gautreaux Kula and Hunt for CHA respond with

motions to dismiss and SJ in October Location preference of plaintiffs

J S. Fuerst & Tamaara Tabb A and B families, guided preferences

30% white locations?? Communities v. census tracks

Response filed in December Ruling on motions March 1967

2 counts dismissed, but preferences overlooked

SJ inappropriate w/ issue of intent & racial composition of neighborhood to be determined at trial

Waiting for Gautreaux Discovery

Kean/Murphy 1955 agreement Deposition admissions

Rose & Humphrey knew City Council wanted to keep blacks out of white neighborhood- CHA went along with the council.

Kula told Swibel she was concerned, maybe we should skip preclearance and go to City Council and “let the chips fall where they may.”

Double site submissions- more “flexibility” Little Rock and school desegregation- S.Ct.

insists despite obstacles from other state officials

Jury cases use statistics to prove intent to discriminate

Cooper v. Aaron School Board plan to integrate- gradual

plan from 1957-1963- challenged by black plaintiffs and approved by DC and Ct of Appeals.

Facts from video 101st from 9/25/1957- 11/27/1957. then

the federalized National Guard Feb, 1958 School Board asks for 2 ½ year

delay. DC oks delay but 8th Cir reverses. Our constitutional ideal of equal justice

under law is thus made a living truth.

Waiting for Gautreaux Cross SJ motions

Humphrey affidavit, white sites approved, city council eliminated them

Cost and slum clearance v. no intent Kerner Commission, King

assassination,Fair Housing Act of 1968, new HUD Act, Kaiser report and Douglas Commission

Chicago Convention, Nixon nomination, Gautreaux death.

“We did it. We really did!”J. Austin’s decision on the SJ motions 296 F. Supp. 907 (2/10/1969) Quotas at white projects

Threats of violence. No excuse—Cooper Site selection

Statutory directive, Council approval, preclearance Statistics– table of data– no white sites

compare elderly housing Depositions-- Moore affid - cheaper white sites blocked by

City Council No issue of fact re preclearance & racial veto

Unrefuted stats & admissions Defense: no racial animus! CHA submitted white sites,

wanted urban renewal. “Even if CHA had not participated in the elimination of

white sites its officials were bound by the Constitution not to exercise CHA’s discretion to decide to build upon sites which were chosen by some other agency on the basis of race!”

Waiting for Gautreaux How to draft the order

General or specific? 4-1, 3-1, etc. Definition of neighborhoods

constituted an invitation to block busting Judicial review Metropolitan remedy and local consent HUD comments positive but cautious 12 ghetto projects grandfathered First 700 units white with 50% for locals 1/3 in Cook County, but how? Daley/Swibel last gasp July 1, 1969- city remedy for a metropolitan

disease?