Alderman pledges to appeal dismissed reparations case

An Evanston alderman who argued in favor of slavery reparations in a recently dismissed federal case said his fight will continue despite the setback.

“It’s not going to go away,” said Ald. Lionel Jean-Baptiste (2nd). “The bottom line is we’re going to refile.”

Jean-Baptiste was one of a team of lawyers who brought a class-action lawsuit against 19 corporations — including R.J. Reynolds Tobacco Company and Union Pacific Railroad — that allegedly profited from slave labor in previous centuries. The case began in New York but was picked up by plaintiffs nationwide and eventually consolidated in Chicago’s U.S. District Court.

U.S. District Judge Charles R. Norgle dismissed the case Monday, saying the plaintiffs had failed to show a clear link to the companies named in the suit.

Norgle’s opinion also stated that the issues in the suit were “beyond the constitutional authority of this court,” suggesting that the plaintiffs should seek redress through the legislative or executive branches of government.

Norgle dismissed the case “without prejudice,” which means Jean-Baptiste and the other lawyers could still file an amended complaint.

Jean-Baptiste said he and the other lawyers have scheduled a conference call tonight to discuss strategy on the case. Although he is not yet sure how they will rework the case, Jean-Baptiste said he definitely disagrees with Norgle’s opinion that the suit was outside his jurisdiction.

“People could have made that same argument around the Brown v. Board of Education issue when the court had to fashion broad social remedies,” Jean-Baptiste said. “What we’re saying is this is not the first time that the court was faced with looking at major inequities in a given society and moved to act on it.”

Norgle’s response was not unexpected, he added. The team of lawyers had asked the judge to recuse, claiming he was biased against the case, but Norgle refused to remove himself.

Whether the case is successfully refiled or not, Jean-Baptiste said, the movement for slavery reparations will continue.

Roland Burris, former Illinois attorney general and special adviser to the plaintiffs’ attorneys, said the attention the case is receiving is forcing people to consider the reparations question.

“We intend to use every angle,” Burris said. “This is going to be an attack on every front.”

— Andy Nelson