Public Interest Law & Policy

1. Public Interest Law & Policy Class 3 Ronald W. Staudt September 1, 2009

2. 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)

3. 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

4. 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

5. 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

6. 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

7. 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.

8. 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.

9. “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!”

10. 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?