1. Public Interest Law & Policy
Class 3
Ronald W. Staudt
September 4, 2007

2. Public Interest Law & Policy
Waiting for Gautreaux, pages
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 1997
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. 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.

8. “We did it. We really did. ” J
“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!”

9. 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?