Title VI of the 1964 Civil Rights Act and the Federal Controversy in Chicago, A Memorandum (Harold M. Baron, 1965)

Synopsis by Madeleine McQuilling

Sixteen months after the Civil Rights Act was signed into law, Hal Baron watched administrators riddle it with loopholes. Without immediate and decisive action, he argued, the U.S. would consign the new act to the same ineffective fate as that of Reconstruction legislation. In this 1965 memo to Chicago Urban League director Bill Berry, Baron voices his fears by detailing two Title VI complaints filed in Chicago––one alleging discrimination in public education and the other, discrimination in public housing. The choice of complaints specifically from Chicago was strategic. As Baron explains: “Since the Chicago complaints were among the first to deal with major types of urban segregation that receive Federal aid, and […] the Office of Public Education’s delay in granting funds to the Chicago public schools became a national issue, we feel that the disposition of the Chicago complaints might unfortunately become national precedent.” Baron continues to outline these complaints and explain the various ways in which their dispositions were unfortunate.

Baron first addresses the complaint on the Chicago public schools, filed July 4, 1965 by the Coordinating Council of Community Organizations (CCCO). This complaint alleged that the Chicago Board of Education was in violation of Title VI as they are “segregated and unequal because of racial discrimination.” While members of the CCCO acknowledge the probable short term harm that a withdrawal of funding would cause the Chicago public school system, they assert that their complaint will, in the long run, more than compensate for the temporary embarrassment. “We are confident,” the complaint concludes, “that Federal intervention in this matter, through the withholding of funds, will help underline the high fiscal cost, as well as the immeasurable social cost, of segregation to Chicago and to the rest of the nation.” The complaint is addressed to Commissioner Francis Keppel, who put a tremendous amount of effort into investigating the issue and holding the School Board accountable for their actions. Unfortunately, he was thwarted at every turn from people in various governmental positions––all the way up to, and including, president Lyndon B. Johnson. Men such as Superintendent Willis, Mayor Daley, and Congressman Pucinski insisted on maintaining federal funds without desegregating Chicago schools; when the Johnson Administration joins the fray, Baron accuses them of striving to “end the controversy rather than ensuring broad enforcement of Title VI.” Referencing Washington correspondent Joseph Kraft, Baron asserts that Mayor Daley was intentionally inflaming race relations in Chicago as a re-election strategy. “If Commissioner Keppel expected voluntary and informal conciliation,” Baron remarks, “he made a serious error in judgement.” Baron concludes this section by underscoring a presidential responsibility: “Unless there is positive encouragement from the White House itself, it is doubtful that we will see the use of the sanctions of Title VI except in the most flagrant and egregious cases.”

Baron next addresses the complaint on Public Housing Sites filed by the Westside Federation. This complaint alleged that the Chicago Housing Authority (CHA), was in violation of Title VI by continuing to build massive public housing projects “in the heart of the Negro ghetto.” “With a high degree of assurance,” Baron paraphrases, “it could be assumed that projects at [these] new sites would become all-Negro.” The Public Housing Administration argued that the CHA was not in violation of Title VI by interpreting it “in the narrowest possible manner.” In essence, if the entity receiving federal funds, such as the CHA, is under the complete power of an entity not receiving federal funds, such as the City Council, then the first entity cannot be held accountable to Title VI if they do not have authorization from their superiors to comply with its provisions; the second entity is exempt from Title VI because they are not a direct recipient of the funds. While the Public Housing Administration felt “that CHA did very well within the bounds placed upon it by the City Council,” Baron considered such an interpretation detrimental to the efficacy of Title VI, and its potential as a force for desegregation. For Baron, this would amount to “a national disaster.”

Throughout this memo, Baron calls for “sweeping and imaginative interpretation of the Title’s provisions” that would allow it to effect positive change, particularly in urban centers. As unlikely as it sounds, Baron managed to set just such a precedent by turning this Westside Federation housing complaint into the celebrated case, Gautreaux v. Chicago Housing Authority.

 

Public Housing, Chicago Builds a Ghetto (Hal Baron, 1967)

Synopsis by: Briana Gipson

In 1967, Hal Baron delivered “Public Housing, Chicago Builds a Ghetto” as a fiery, anti-colonial speech on the state of Chicago’s public housing system. This speech was delivered to an audience containing Chicago Housing Authority (CHA) leaders and staff at a symposium at the University of Chicago on March 10, 1967. He would use his speech to critique the City of Chicago’s and the CHA’s practices and reveal the negative outcomes they created and forced on Chicago’s Black community. He argued that City transformed its public housing system into a tool that implements and solidifies racism. It essentially became a system that segregated Blacks, decreased their mobility, and altered their community networks and solidarity by social, economic, and political force. He devoted his speech to discussing the federal government’s, Chicago’s and CHA’s role in creating ghettos, or areas with high concentrations of low-income Blacks, through public housing. He organized his discussion into four separate sections.

The first section of Baron’s speech is titled “From Crusade to Containment”. He began this section by discussing the three major periods of public housing from the lens of the Chicago Urban League. His main point is public housing was originally organized as a campaign to rid problems associated with urban life such as overcrowding and poverty by the federal government. Then it became a system to support World War II war workers before finally becoming “a virtually Negro institution” Baron says. In other words, Baron claimed that it became a system designed to reinforce the racial biases of those in power. He used CHA statistics to show that their biases resulted in Chicago’s public housing system being 90% Black, in 90% of CHA’s properties. Baron explained how Jim Crow and anti-black legislation in the League’s three public housing periods led to Chicago’s segregated and predominantly Black public housing system in the 1960s.

The next section of Baron’s speech focuses on the influence of federal policies and urban renewal on Chicago’s segregated and Black public housing system. The name of this section is “The Safety Valve for Urban Renewal”. It fundamentally argued that Chicago’s public housing system became segregated and Black because it used its system as a “safety-net” for urban renewal. Baron unpacks this argument by revealing how the federal government’s housing and transportation policies began altering housing supply based on race beginning in the late 1930s. It offered Federal Housing Administration (FHA) and Veteran Affairs loans to Whites, which contributed to mass suburbanization processes and ultimately increased Whites’ housing supply. Baron indicated that suburbanization expanded at the expense of Black neighborhoods as the federal government subsidized expressways to support migrating Whites. These expressways along with urban renewal would displace thousands of Blacks and decrease their already limited housing supply. Baron asserted that this led to Chicago’s public housing properties becoming relocation settlements or “catch-basins” for Blacks who were uprooted from their homes and livelihoods. He provided evidence showing that CHA transitioned from serving mostly low-income, White neighborhoods prior to 1949 to proposing over 95% of its properties in Black neighborhoods from 1950 to 1955. Baron further supported his main argument that Chicago built a segregated and concentrated low-income Black community by ending this section discussing how the CHA came under fire for proposing a housing project development in a White neighborhood. His example showed how firm the City of Chicago was in creating and maintaining segregation through the CHA.

Baron’s third section describes how CHA began to engage in disparate treatment once its public housing system became predominantly Black. He particularly focused on the CHA’s building designs. He explained that CHA’s building designs followed the Garden City movement when it was created for Whites and war-workers. They were often constructed as single family apartments with green space. However, once CHA began building public housing developments for displaced Blacks, Baron witnessed CHA build dense, high-rise buildings that had larger building coverage ratios. He contended that this building design exacerbated Chicago’s spatial segregation. He supported his claim by explaining that this increased residential segregation within central Chicago strengthened school segregation and furthered separated Blacks from jobs. Jobs were often moving to the periphery of cities as a result of expressway and highway construction, which increased employment segregation. Baron ended this section explaining the negative impact of CHA’s high-rise developments on community networks. He mentioned that it does not allow for Blacks to rebuild the institutions they lost in urban renewal to full capacity. It also weakened community connections and leadership opportunities. Baron’s last sentences showcased that Chicago’s public housing system did not even provide the stability needed for Blacks to rebuild and connect. Blacks lost their public housing vouchers once they made it to a certain income, and Baron foreshadows that this only perpetuates the very racism that led Blacks to Chicago’s public housing system in the first place.

Baron’s last section, “The Powerlessness of Black Tenants”, uncovered how he believed CHA acted as Black colonizers. He began this section describing two differences between the private and public housing market. The differences were that Blacks lacked the alternatives the private market offered and the power to make political decisions. Baron credited these differences to the CHA’s failure to treat Blacks as their clients and accommodate their needs like the FHA did for its mostly White clients. Additionally, Blacks could not significantly influence the ways the CHA operated because it was a public entity that did not often act in Blacks’ interests. They instead provided top-down orders Baron implied. He proclaimed that this made organizations like the CHA paternalistic colonizers that managed the public housing system like wards instead of providing opportunity. Baron ended this section and his raw speech summarizing the main idea he wanted the audience to grasp: CHA’s public housing system segregates and disrespects Blacks. His final words share that Blacks felt “hopeless, helpless, and totally manipulated” by CHA’s disparate and disrespectful public housing system.