IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

BOARD OF EDUCATION OF THE )

CITY OF CHICAGO, et al. )
Plaintiffs, )
)
v. ) Case No. 17 CH 02157
)
Bruce Rauner, et al., ) Honorable Franklin U. Valderrama
Defendants. )

MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION

FOR PRELIMINARY INJUNCTION
BY AMICI CURIAE, CHICAGO AREA FAITH LEADERS

Hubert O. Thompson
BROTHERS & THOMPSON, P.C.
155 N. Michigan Avenue
Suite 200
Chicago, IL 60601
(312) 372 2909
hthompson@brothersthompson.com
Attorney No. 35496

Counsel for Amici Curiae, Chicago Area Faith Leaders

 TABLE OF AUTHORITIES

Cases

Brown et al. v. Board of Education of Topeka, et al.,

347 U.S. 483 (1954) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Ill. Native Am. Bar Ass'n,

368 Ill.App.3d 321, 327 (1st Dist. 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Seyller v. County of Kane, et al.,

408 Ill.App.3d 982, 946 N.E.2d 924 (2nd Dist. 2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Illinois Hospital Association v. Illinois Department of Public Aid,

576 F. Supp. 360 (N.D.Ill. 1983) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Central Austin Neighborhood Association v. City of Chicago,

2013 Ill. App. 123041 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Statutes

Civil Rights Act of 1964 Title VI, 42 U.S.C. 2000d et seq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Illinois Civil Rights Act of 2003, 740 ILCS 23, et seq. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 6, 7, 8

i
 This amici curiae memorandum is brought on behalf of 34 Faith leaders in the Chicago area.

They are the following:

REV. B. HERBERT MARTIN DR. RAY ALLEN BERRYHILL

Pastor, Progressive Community Church Resurrected Life Church International
56 E. 48th Street 4732 N. Austin
Chicago, IL 60615 Chicago, IL 60630
Bronzeville community Belmont/Cragin Hermosa Community

REV. OTIS MOSS III PASTOR JOSE SOTO

Trinity United Church of Christ Iglesia Puerta Del Cielo International
400 W. 95th Street 4629 S. Ashland
Chicago, IL 60628 Chicago, IL 60609
Washington Heights community

FATHER MICHAEL L. PFLEGER REV. DR. LEON D. FINNEY, JR., PASTOR

The Faith Community of St. Sabina Metropolitan Apostolic Community Church
1210 W. 78th Place 4100 S. Martin Luther King Drive
Chicago, IL 60620 Chicago, IL 60653
Auburn Gresham community Bronzeville community

REV. KEVIN ANDRE BROOKS REV. SCOTT MANKE

Greater Saint John A.M.E. Church Family Empowerment Centers
6207 S. Throop 1533W. Devon Ave.
Chicago, IL 60636 Chicago, IL 60660
Englewood community Rogers Park/Edgewater community

REV. LEON WHITE BISHOP SIMON GORDON

Joshua Missionary Baptist Church Tried Stone Church of Chicago
3255 W. Carroll 1415 W. 104th Street
Chicago, IL 60624 Chicago, IL 60643
Garfield community Washington Heights community

PASTOR RAY COFFEY REV. LOU RAMOS

Emanuel Healing Temple Storehouse Church
3668 W. Roosevelt Rd. 2343 N. California
Chicago, IL 60624 Chicago, IL 60647
Lawndale community

REV. STANLEY WATKINS REV. JAMES COTTON

New Covenant M. B. Church Holy David M. B. Church
754 E. 77th Street 5731-61 S. Wentworth Ave.

1
Chicago, IL 60619 Chicago, IL 60621
Chatham Community Englewood community

JOS and LYNIECE OYOLA PASTOR LEON MILLER

Cross Culture Church Mt. Ebenezer Baptist Church
2424 N. Neva Ave. 3555 W. Huron
Chicago, IL 60707 Chicago, IL 60624
Montclare/Galewood community Garfield Park community

PASTOR DR. BYRON T. BRAZIER PASTOR JOHNNY L. MILLER

Apostolic Church of God Mt. Vernon Baptist Church
6320 S. Dorchester 2622 W. Jackson
Chicago, IL 60637 Chicago, IL 60612
Woodlawn community Garfield Park community

REV. MATTHEW MILLER REV. STEVE SPILLER, SR.

Rising Sun M.B.C. Greater Galilee Baptist Church
820 N. Central Ave. 1308 S. Independence Blvd
Chicago, IL 60651 Chicago, IL 60623
Austin community North Lawndale community

REV. KENNETH GILES REV. JAMES HICKS

2nd Mt. Olive M.B.C. Original Greater Garfield M.B.C.
5729 W. Chicago Ave. 3818 W. Division Street
Chicago, IL 60651 Chicago, IL 60651
Austin community Humboldt Park

REV. RONALD WILKES REV. TOMMY S. WOOLRIDGE

Soul Saving Ministries Helping Hands M.B.C.
4922 W. Division 538 N. Laverne
Chicago, IL 60651 Chicago, IL 60651
Austin community Austin community

REV. JOSEPH CAMPBELL REV. LEE BROWNLEE ,JR

St. James Unity Baptist Church Anointed Word of God
900 S. Sacramento Blvd. 127 N. Leamington
Chicago, IL 60612 Chicago, IL 60644
Homan Square community South Austin community

REV. LEROY ELLIOTT REV. WILSON

New Greater St. John C. M. B. Church Greater St. John Bible Church
3101 W. Warren Blvd 126 N. Waller

2
Chicago, IL 60612 Chicago, IL 60644
Garfield Park community South Austin community

PASTOR LAQUAN WHITFIELD PASTOR JOHN E. COLLINS

New Life Holiness Church Greater True Vine Church
5637 W. North Ave 5936 W. Division Street
Chicago, IL 60639 Chicago, IL 60651
North Austin community Austin community

REV. FLOYD JAMES, SR. PASTOR SHAWN PROCTOR

Greater Rock M.B. Church GRIP Outreach for Youth
718 S. Independence Blvd 1732 W. Hubbard Street
Chicago, IL 60624 Chicago, IL 60622
Homan Square community Belmont-Cragin community

PASTOR FRANK S. SAEZ PASTOR ERICK CORREA

New Life Community Church Legacy Christian Fellowship
5700 W. Berteau 2952 N. Major
Chicago, IL 60634 Chicago, IL 60634
Portage Park community Belmont Central community

These faith leaders represent African American and Hispanic congregations in communities

throughout the City of Chicago and have come together to support the Board of Education of the City

of Chicago (CPS) in this action seeking to end the States discriminatory funding of CPS schools.

I. THE INTEREST OF AMICI CURIAE

Amici are some of the foremost faith leaders in the City of Chicago. Their congregations

range in size from as few as 150 congregants to over 7,000. These congregations serve African

American and Hispanic children who attend CPS schools, and each congregation is impacted when

CPS schools do not receive funding on an equal basis to that of schools in other parts of the State.

State enforced racial segregation was the moral issue of the day in 1954. In a remarkably

short opinion in the case of Brown v. Board of Education of Topeka, et al., 347 U.S. 483 (1954), a

unanimous United States Supreme Court repudiated the so-called separate but equal doctrine.

3
The Court held that, Separate educational facilities are inherently unequal. Id. at 495. Now,

school funding is one of the paramount moral issues affecting African American and Hispanic school

children. It is both a moral issue and a civil rights issue. When the State of Illinois makes the

decision to discriminate against CPS schools in funding, it makes an immoral decision. Thus, the

funding inequities that CPS highlights in this litigation not only violate the Illinois Civil Rights Act

of 2003, they are also morally wrong.

These amici and their congregations have striven mightily to fill the gap where CPS services

are not available due to a lack of funding for important programs. While their efforts are

commendable, they are no substitute for the States resources. Among other things, the amici have

striven to provide the following in the absence of CPS being able to do so due to a lack of State

funding:

! Tutorial programs in math, science and reading;

! Artists in residence programs for younger children;

! Vocational arts, such as graphic design, for older children;

! Re-entry programs of basic skills for employment of persons after incarceration;

! Counseling and therapeutic support of students;

! Sports leagues;

! Adopt-a-School programs;

! Leadership training programs;

! Summer school programs focusing on elementary reading and social justice;

! ACT prep classes:

! Programs focusing on college financial aid;

4
 ! Programs focusing on first generation college students;

! Entrepreneurial programs;

! Books and school supplies;

! Computer training;

! Job readiness programs that directly hire teen-age school children in areas such as

accounting, engineering and security; and,

! Placement services for children for jobs during the summer.

In some instances amici partner with their respective local schools to provide these services.

However, the vast majority of students in amicis communities would greatly benefit from, but

cannot receive the services and programming in their schools as a result of the States funding

scheme.

These amici are deeply concerned about the immediate and adverse impact that the

discriminatory system of funding CPS schools due to inequitable funding of the Chicago Teachers

Pension Fund has and will continue to have on the children in their communities. Without adequate

funding on a non-discriminatory basis, the African American and Hispanic children in these

communities will not have the tools to compete in college or vocational schools with children from

communities outside of Chicago. If inadequate State funding of CPS schools results in a shortening

of the school year, which may be required, not only will these children be educationally

disadvantaged, they will also be denied the relative safety of the classroom and be subjected to the

uncertain dangers of the street. Their parents will have to decide between leaving their children at

home alone or reducing their paychecks or using vacation time to stay at home with their children.

5
 In Chicago, the public schools act as much more than merely centers of learning. For

example, for the large number of children who are on free or reduced price meals, the public school

is the one place where they are guaranteed to receive a nutritious breakfast or lunch. In the absence

of adequate funding from the State, CPS schools will lose critical resources that are needed to

provide social services, support for students with disabilities and support for the cultural arts such

as band, music and other academically enriching programs that engage and motivate the children of

these communities. Among other things, adequate and non-discriminatory State funding is needed

to provide more technological support, i.e., more computers and high speed internet access in the

classrooms, and for basic requirements such as repairing and maintaining crumbling physical

structures.

For the foregoing reasons, the amici seek to be heard in support of CPS motion for a

preliminary injunction.

II. THE REMEDY THAT CPS SEEKS IS WELL-WITHIN THE POWER OF THIS
COURT TO GRANT.

The Illinois Civil Rights Act (ICRA) provides that no unit of government shall utilize

criteria or methods of administration that have the effect of subjecting individuals to discrimination

because of their race, color, national origin, or gender... 740 ILCS 23/5(a)(2). ICRA was patterned

on Title VI of the Civil Rights Act of 1964, which prohibits race and national origin discrimination

in federally assisted programs. See 93d Ill. Gen. Assemb., H. Deb., April 3, 2003, at 146 (statements

of Rep. Fritchey) ([T]his Bill will create a parallel state remedy to ... the federal cases that were

brought under Section 601 of the Civil Rights Act.); Ill. Native Am. Bar Ass'n, 368 Ill.App.3d 321,

327 (1st Dist. 2006) (stating that statements of a bill's sponsor matter when determining legislative

6
intent and reviewing Representative Fritchey's comments about ICRA). Since the facts clearly show

that the States education funding formula has the effect of discriminating against CPS students, 90%

of whom are African American and Hispanic, there is no doubt that the State is violating ICRA. The

question then arises, whether the Court has the power to impose the remedy that CPS is requesting.

The answer to that question is a resounding yes.

In their Motion for Preliminary Injunction (Motion), CPS and the individual plaintiffs seek

an order of court directing the State to allocate its educational funding dollars in a manner that does

not discriminate against the African American and Hispanic school children of CPS. See e.g.,

Motion at p. 14 (Plaintiffs ask only that Defendants be required to allocate public education funding

in a non-discriminatory [manner].). Illinois legal precedent establishes that a grant of this remedy

is well within the power of this Court.

ICRA empowers the court to grant any permanent or preliminary negative or mandatory

injunction, temporary restraining order, or other order when a violation of its provisions is found.

740 ILCS 23/5(b). In similar circumstances, courts in this State have not hesitated to enter

preliminary injunctions concerning the application of State funds or those of other units of

government. For example in Seyller v. County of Kane, et al., 408 Ill.App.3d 982, 946 N.E.2d 924

(2nd Dist. 2011), the Illinois Appellate Court affirmed the Circuit Courts entry of a mandatory

injunction requiring the Kane County Clerk of the Circuit Court to utilize certain special funds to

pay personnel costs of her office. Id. at 931-932. In Illinois Hospital Association v. Illinois

Department of Public Aid, 576 F. Supp. 360 (N.D.Ill. 1983), an Illinois federal court went even

further by entering a preliminary injunction requiring the Illinois Department of Public Aid to pay

moneys to the hospital plaintiffs even though the State legislature had not appropriated the necessary

7
funds, where Illinois was failing to meet its obligations under the Medicaid program that the State

had voluntarily joined. Finally, in Central Austin Neighborhood Association v. City of Chicago,

2013 Ill. App. 123041, the Illinois Appellate Court reversed the Circuit Courts dismissal of a

complaint brought under ICRA against the City of Chicago. In that action, plaintiffs alleged that the

City was discriminating against certain minority neighborhoods based on the systematic disparity

in response times to 911 calls. The Circuit Court dismissed the complaint on the grounds, inter alia,

that the court could not grant the relief requested. The Appellate Court rejected the lower courts

rationale explicitly holding that the court had the power to order the City to devise the necessary

procedures to remedy the violation of ICRA.

These cases demonstrate that the Court in this instance is empowered to provide the

injunctive relief CPS and the individual plaintiffs seek in this case.

III. CONCLUSION

For the foregoing reasons, the Court should enter a preliminary injunction ordering the State

of Illinois to distribute funds in a manner that does not discriminate against the predominantly

African American and Hispanic students of the City of Chicago public schools.

Respectfully submitted,

___________________________________
Hubert O. Thompson

Hubert O. Thompson
BROTHERS & THOMPSON, P.C.
Counsel for Amici Curiae, Chicago Area Faith Leaders
155 N. Michigan Ave., Suite 200
Chicago, IL 60601

8
(312) 372-2909
hthompson@brothersthompson.com