Public Interest Law & Policy Class 4 Ronald W. Staudt September 3, 2009

Public Interest Law & Policy Waiting for Gautreaux, pages 79 – 124

Things to note Case Study Plans due Today Alexander Polikoff’s presentation one week from today Bill Wilen presentation on September 15 No class September 17 Center for Access to Justice & Technology Open House, Wednesday September 15 at 1pm, Room 270 w/ pizza. Legal Aid & Criminal Defense Week: September Legal Aid Career Panel, Tuesday, September 8, noon. Public Defender Career Panel, Wednesday, September 9, 3pm. Equal Justice Works Conference & Career Fair Roundtable Discussion, Thursday, September 10, noon

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 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

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 304 F.Supp F.Supp. 736 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, city remedy for a metropolitan disease?

Waiting for Gautreaux today’s assignment No CHA appeal but the wait begins No net for BPI act- a new start- April 1970 HUD, Romney and Nixon HUD case dismissed in Sept 1970

Waiting for Gautreaux CHA dances in conferences then appeals timetable to Supreme Ct. Election and metropolitan sites Daley: “These units should not be built.” Sites submitted to City Council Model Cities and housing deficit Deadlines set HUD loses appeal Model Cities dilemma- housing v. breakfasts and jobs- 101 “…who were we …to say housing was more important…” Austin’s “hot” order—wattles and all Reversed on appeal

Waiting for Gautreaux Supplemental Complaint against Daley and the City Council Detailed relief granted Appeal won in split decision Majority/minority views Supreme Court declines in years

Waiting for Gautreaux Metropolitan relief & HUD HUD ruling in 7 th Cir- Austin orders plan Experts Rabinowitz and Hauser Hearing – Austin strikes evidence about FHA and suburban segregation Milliken DC and C of A approach rejected Motion for metropolitan relief denied as letting Chicago off the hook…. “moments of greatest disappointment..”

Waiting for Gautreaux “Furthermore, plaintiffs should not have to be reminded that no public housing has been built in this City since my order of July 1, 1969 because the municipal authorities refused to approve sufficient sites for such housing and recently because of a lack of funds. But, now that one of those obstacles has been eliminated by the Seventh Circuit's recent affirmance of my order to build housing in Chicago without City Council approval, plaintiffs have curiously raised an issue that would let the principal offender, CHA, avoid the politically distasteful task before it by passing off its problems onto the suburbs.” Judge Richard Austin, Gautreaux v. Romney, 363 F. Supp. 690 (N.D. Ill. September 11, 1973).

Milliken v. Bradley Connection of Detroit school case to Gautreaux Timing issues Multi-district relief not appropriate Judge will become a de facto legislative authority and then a school superintendant Unless discrimination by one district causes segregation in other districts or district lines drawn on basis of race or white students in Detroit were sent to the suburbs, there is no constitutional duty to send black students to the suburbs. Stewart: …the Court does not deal with questions of substantive constitutional law. The basic issue now before the Court concerns, rather, the appropriate exercise of federal equity jurisdiction.” Impact?