Public Interest Law & Policy Class 3 Ronald W. Staudt January 29, 2013

Planning No Class on Thursday 1/31- work on your project plans, use class time for team meeting, if needed. Case Study Project Plans will be due on February 3. These plans will describe the work of the team, identify who will be responsible for the main tasks and topics in the Case Study and include a preliminary bibliography and target interview list.

Public Interest Law & Policy Waiting for Gautreaux, pages Gautreaux v. CHA, 296 F. Supp. 907 (N.D. Ill. 1969)(J. Austin, summary judgment decision)296 F. Supp. 907 Supplemental Material: Gautreaux v. CHA, 304 F.Supp. 736 (N.D. Ill. 1969) (judgment order)304 F.Supp. 736

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 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 challenged by black plaintiffs and approved by DC and Ct of Appeals. Facts from videovideo 101 st from 9/25/ /27/1957. then the federalized National Guard Feb, 1958 School Board asks for 2 ½ year delay. DC oks delay but 8 th 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, 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

Key Themes Personal impact of career choices Polikoff and Markels Local and National Politics and impact on this case Litigation tactics and strategic choices CHA win HUD loss, then reinstatement Metropolitan relief Model Cities money- breakfast v. siting –loss 2-1 Do clients have a voice here?