LOCAL IMPLEMENTATION CHICAGO, ILLINOIS

Chicago Submission to Committee Overseeing CERD LOCAL IMPLEMENTATION: CHICAGO, ILLINOIS Response to the Periodic Report of the United States to the United Nations Committee on the Elimination of Racial Discrimination February 2008 Prepared by: Developing Government Accountability to the People (DGAP) network Chicago Submission to Committee Overseeing CERD SHADOW REPORT FROM COALITION OF CHICAGO COMMUNITY BASED ORGANIZATIONS SUBMITTED IN RESPONSE TO THE UNITED STATES PERIODIC REPORT This shadow report was created by the following people and organizations and submitted on behalf of the Developing Government Accountability to the People (DGAP) network The DGAP network comprises over 30 organizations working for government accountability and human rights in the Chicago region led by the Jewish Council on Urban Affairs, Pilsen Alliance, and the Coalition to Protect Public Housing Submissions to this report were coordinated through the following organizations Jewish Council on Urban Affairs, Heartland Alliance for Human Needs and Human Rights, Sargent Shriver National Center on Poverty Law, Southside Tenants Organizing for Power, Coalition to Protect Public Housing, University of Chicago’s Students for Human Rights, Pilsen Alliance and the Steans Center for Community-Based Service Learning of DePaul University The principal authors of this report are Nancy J Bothne, Rian Wanstreet, Kelley Perin, Doug Schenkelberg, Wendy Pollack, Jane Bohman, and Leo Gartner Additional contributors include Alysia Tate, Brian Gladstein, Dori Dinsmore, Larry Kennan, Jamie Kalven, Alejandra Ibañez, James Pfluecke, Don Washington, Jane Ramsey, Tim Black, Nate Roth , Alex Orsini, Olivia Lopez, Aaron Trent, Rosa Newman, Cela Sutton, Rosa Newman, Cela Sutton, Saleema Nawab, Alex Orsini, Saleema Nawab, Olivia Lopez, Ioana Tchoukleva, Ann Opalka, Ebonee Stevenson, Terry Keleher, and Lauren Hernandez Chicago Submission to Committee Overseeing CERD Executive Summary This report outlines the effects of racial discrimination on residents of the city of Chicago, paying particular attention to poverty, health, housing, education, transportation and criminal justice It is written on behalf of a coalition of Chicago organizations seeking accountability from local government in ensuring the human rights of Chicago’s residents This coalition asks the Committee on the Elimination of Racial Discrimination to elicit from the United States government strategies that will encourage and compel the city of Chicago, as well as other local governments, to comply with the International Convention on the Elimination of All Forms of Racial Discrimination It also offers direct recommendations for the city of Chicago The city of Chicago has obligations to fulfill the human rights of its residents, as well as to protect its people from the human rights abuses created by others Article of the Convention calls upon state’s parties to review national and local policies which have the effect of creating or perpetuating racial discrimination It also requires State Parties to end racial discrimination Racial discrimination in the city of Chicago is perpetuated when the following disparities are allowed to continue, affecting human rights to a minimum standard of living The failure to review the impact of local and state policies and regulations in perpetuating racial discrimination violates the rights of people of Chicago Article of the Convention calls upon States Parties to prohibit and eliminate racial discrimination in all its forms and to guarantee the rights of everyone The rights enumerated in Article are not exclusive States parties are obliged to eliminate racial discrimination in the fulfillment of economic, social, cultural, political and civil rights Recommendations for compliance with human rights standards This coalition respectfully requests that the Committee offer the following recommendations Call upon the United States government to encourage, facilitate, monitor and hold accountable the city of Chicago for protecting its residents from racial discrimination The United States government should oversee local compliance with human rights treaties We are particularly interested in Chicago’s compliance The United States government can offer assistance to the city of Chicago in meeting treaty obligations, through prosecution of federal prosecution of police torture and ongoing impunity, and negotiation on rules governing city services The City of Chicago should adopt a city ordinance that anchors its policies and priorities to the fulfillment of Convention to Eliminate all forms of Racial Discrimination and develop robust mechanisms for monitoring the city's compliance Chicago Submission to Committee Overseeing CERD The following information documents the pattern of racial discrimination in the City of Chicago that deprives people of their basic human rights Poverty in Chicago 10 Poverty alone does not measure well-being and the ability to sustain a life of value and dignity, but in Chicago, the lack of income precludes access to these basic capabilities Extreme poverty is designated as 50% or less of the Federal Poverty Level (FPL) as established by the United States federal government, which is currently an income of approximately $10,000 or less per year for a family of four While slightly over one in five African Americans live in extreme poverty, only one in fifty-five White nonHispanics in Illinois are living in extreme poverty1 Yet, Illinois has no comprehensive strategy to reduce this disparity and lift these families out of extreme poverty 11 Minorities in Illinois are experiencing poverty at significantly higher rates than nonminority populations, perpetuating historical racial disparities in the United States 44.3% of African American and 43.5% of Hispanic single female headed households with children are living in poverty compared to 28.9% of white non-Hispanic single female headed households with children2 See Attachments 1,2 and for overview of Chicago poverty rates 12 The poverty rate for children is equally as disparate 8.6% of white non-Hispanic children live in poverty compared to 38.8% of African American and 23.0% of Hispanic children in Illinois3 13 The inequity gap among American seniors has grown over the past two decades White non-Hispanic Illinois households have a median net worth that is nearly eleven times as great as the net worth of minority households In Illinois 20.1% of African American and 17.3% of Hispanic seniors are living in poverty compared to 6.8% of white non-Hispanic seniors4 The disparity in the median net worth reflects the vulnerability of minorities to survive economic downturns and personal crisis 14 Illinois poverty rate for people with disabilities varies depending on race African Americans with disabilities experience poverty at a rate of 41.9% and Hispanics 30.7%, compared to white non-Hispanics 13.7% 15 Poverty is currently defined as a family of four with an income of $20,000 a year or less 21.2% of individuals in Chicago - 571,313 people - are living in poverty In addition, 31.4% of Chicago children live in poverty Each of these poverty rates vary widely Heartland Alliance for Human Needs and Human Rights (2007) Extreme Poverty and Human Rights: A Primer Chicago: Author Heartland Alliance for Human Needs and Human Rights (2007) Freedom from Poverty in America: A National Agenda Chicago: Author Heartland Alliance for Human Needs and Human Rights (2007) Freedom from Poverty in America: A National Agenda Chicago: Author U.S Census Bureau, American Community Survey 2006 Calculation conducted by Mid-America Institute on Poverty of Heartland Alliance Chicago Submission to Committee Overseeing CERD between different populations in Chicago:5 Race White African American Hispanic Asian Poverty Rate 9.7% 32.0% 21.6% 14.8% Child Poverty Rate 7.3% 45.6% 29.1% 16.7% 16 Individuals that utilize the Temporary Assistance to Needy Families (TANF) program not receive enough cash assistance to pull them above the poverty line A family of three receiving the average monthly benefit from Illinois TANF receives cash assistance of only $3,036 a year This is well below half the poverty line and insufficient in stabilizing a family as they work toward economic independence.6 In Chicago, 6.2% of African Americans rely on cash public assistance as compared to only 1.1% of Whites.7 17 At the same time there is a decrease in the number of TANF recipients, food insecurity continues to increase for the working poor 125,183 families who work year-round receive food stamps in Illinois.8 Not all eligible for the Food Stamps program are receiving them 74.5% of eligible Illinoisans are not receiving food stamps In Chicago, 26.5% of African Americans utilize foodstamps as compared to only 3.0% of Whites.10 18 Supplemental Security Income (SSI) is the main government program for people with disabilities with little or no income to meet basic needs However, Illinois’ average annual SSI income is $7,803 –less than the poverty line for one person and not enough to meet basic needs.11 Minorities with disabilities are disproportionately affected by poverty and SSI is not providing enough assistance to keep these individuals out of poverty and is therefore contributing to prolonged racial disparities In Chicago, 9.8% of African Americans rely on SSI as their primary source of income compared to only 2.4% of Whites.12 U.S Census Bureau, American Community Survey 2006 Calculation conducted by Mid-America Institute on Poverty of Heartland Alliance Heartland Alliance for Human Needs and Human Rights (2007) 2007 Report on Illinois Poverty Chicago: Author U.S Census Bureau, American Community Survey 2006 Calculation conducted by Mid-America Institute on Poverty of Heartland Alliance Theodore, N., & Doussard, M (2006, September 5) The hidden public cost of low-wage work in Illinois Chicago & Berkeley, CA: Center for Urban Economic Development & Center for Labor Education and Research Albelda, R., Boushey, H., Chimienti, E., Ray, R., & Zipperer, B (2007, October) Bridging the gaps: A picture of how work supports work in ten states Washington DC & Boston: Center for Economic and Policy Research & Center for Social Policy 10 U.S Census Bureau, American Community Survey 2006 Calculation conducted by Mid-America Institute on Poverty of Heartland Alliance 11 U.S Census Bureau, American Community Survey 2006 calculation conducted by Mid-America Institute on Poverty of Heartland Alliance 12 U.S Census Bureau, American Community Survey 2006 Calculation conducted by Mid-America Institute on Poverty of Heartland Alliance Chicago Submission to Committee Overseeing CERD Right to work 19 Movement into the labor force is not a guaranteed escape from poverty 88,877 Illinoisans work full-time, year-round yet fall below the poverty line 387,910 Illinoisans work part-time, year-round yet fall below the poverty line 45.6% of people in poverty worked full-time and year-round, part-time, or part-year13 20 Wage disparities in Illinois persist Full-time, year-round African American males earn 72 cents on the dollar of full-time, year-round white non-Hispanic males Full-time, yearround Hispanic males earned only 56 cents on the dollar of full-time, year-round white non-Hispanic males For every dollar a white non-Hispanic woman earned, an African American woman earned 90 cents and a Hispanic woman earned 67 cents14 Recommendations 21 Public benefits programs like the Temporary Assistance for Needy Families (TANF) program, which provides cash assistance to needy families with dependent children, must measure their success in terms of alleviating and ending poverty, not caseload reduction Both the State of Illinois (which administers most of the public benefits programs in Illinois) and the City of Chicago (where the majority of public benefits recipients, former recipients, and those low-income people eligible for but have never received public benefits, reside) must act to ensure that every person who is eligible for public benefits actually receive them in the amount and for the duration necessary, and provide the social services and work supports needed to increase individual capabilities 22 As an initial step, the State and the City should adopt these four measures which are both meaningful and beneficial for all low-income people to measure the success of all public benefit programs: (a) the percent of people in Illinois (and Chicago) at or below 200 percent of the federal poverty guidelines that receive all the public benefits they are eligible for; (b) the percent of recipients, former recipients and those never receiving public benefits who are employed, their increases in income over time, and those earning at least 200 percent of the federal poverty level; (c) the percent of applicants, recipients, former recipients and those never receiving benefits enrolled in education and training programs and those who have completed education and training programs which leads to a job with a median income of at least 200 percent of the federal poverty level; and (d) the percent of applicants, recipients, former recipients, and those never receiving benefits engaged in barrier reduction services, such as domestic violence counseling, mental health counseling, treatment for drugs and alcohol abuse, and vocational rehabilitation services 23 Once an assessment is made of the need, government must act to provide the education, 13 U.S Census Bureau, American Community Survey 2006 calculation conducted by Mid-America Institute on Poverty of Heartland Alliance 14 U.S Census Bureau, American Community Survey 2006 calculation conducted by Mid-America Institute on Poverty of Heartland Alliance Chicago Submission to Committee Overseeing CERD training, barrier reduction and other necessary services 24 Everyone, regardless of age or ability to work, must be guaranteed the means necessary to procure basic needs and services to ensure a decent standard of living by both the State of Illinois and the City of Chicago The State and City must focus their efforts on gaining more in the way of public benefits and other programs and services for low-income people, and provide whatever the federal government fails to provide 25 In addition to increasing funding for child care to provide critical supports for working parents and their children15, child care must be assessed from a child well-being point of view, not only as a work support with eligibility connected to the employment of a parent or caregiver 26 Increase family asset building by developing a state plan for universal children’s savings accounts, ensuring every child born in Illinois can save for a more secure financial future16 Incentives are also needed to encourage low-income workers, those eligible for the Earned Income Tax Credit (EITC) as well as childless workers, to save a portion of their tax refund combined with public matching funds This will help increase the financial stability of vulnerable populations who are working hard to make ends meet and get ahead17 27 Remove barriers to education and training for public benefits recipients and other lowincome people Given the strong link between educational attainment and earnings, lowincome people must be afforded the opportunity to participate in education and training that will improve their earning capacity This includes Adult Basic Education (ABE), English as a Second Language (ESL), high school and general education development (GED) certificate programs, vocational training and higher education Not only are changes in federal and state public benefits programs laws and policies that currently discourage education and training needed, but also affirmative investments in policies and programs that move people out of poverty and into career path employment, such as Transitional Jobs, bridge programs, a guarantee of at least two years of post-secondary education or training for all state and city residents, financial aid policies that support working adults and other nontraditional students, and helping two- and four-year colleges play an increasing role in workforce development by promoting innovation in program content and delivery Chicago is starting to this last item and should be encouraged to continue 28 Integrate economic development and workforce development not only to ensure Illinois and Chicago are economically competitive in a the global economy, but to produce skilled workers, in strong businesses, with good jobs that foster thriving communities To 15 Heartland Alliance for Human Needs and Human Rights (2007) Freedom from Poverty in America: A National Agenda Chicago: Author 16 Heartland Alliance for Human Needs and Human Rights (2007) 2007 Report on Illinois Poverty Chicago: Author 17 Heartland Alliance for Human Needs and Human Rights (2007) Freedom from Poverty in America: A National Agenda Chicago: Author Chicago Submission to Committee Overseeing CERD this the State of Illinois and the City of Chicago must ensure that people develop the skills businesses demand in a modern economy; create career paths and job opportunities for all working-age people, from the least skilled and most disadvantages to middle income workers whose skills have become obsolete As a first step, government should set the example by creating a pipeline toward career path employment for low-income people for its own workforce and that of its contractors, setting minimum standards for wages, health coverage, and retirement security Then, taking the lead in moving private employers forward to the same And third, ensure that the needs of low-income people are an integral part of workforce ad economic development plans at all levels of government Chicago Submission to Committee Overseeing CERD Housing and homelessness in Chicago 29 For people of color living in poverty, Chicago’s housing market is becoming more inaccessible each day Public housing is being eradicated, project-based Section contracts in buildings that house thousands of people are set to expire, homelessness is on the rise, and condominium conversions have saturated the market, and private low income and affordable housing options have virtually disappeared 30 In Chicago’s rapidly changing housing market, the people suffering most from a lack of affordable housing are those without any housing at all By one estimate, over 90% of the homeless population are people of color (80% African-American, 9% Latino, 1% Native American, and 1% Asian.18 Last year, the Chicago Public Schools counted 10,516 homeless students, a 17 percent increase over the previous year.19 In a public school system where over 90% of the students are members of racial minorities, this is a racially significant figure.20 31 In FY 2005, the Chicago Department of Human Services served 18,873 people in homeless shelters In that same year, they turned away 14,476 adults seeking emergency beds, 5,000 seeking safety in domestic-violence shelters, and 738 young people from youth sanctuaries.21 According to one estimate, on a “typical night” the actual number of homeless individuals and families in Chicago hovers around 21,078 From October 1, 2005 through September 30, 2006, 73,656 Chicagoans found themselves without a place to sleep, including 26,413 children.22 32 Chicago’s 10-year Plan to End Homelessness, launched in 2003, severely underestimates the number of new permanent housing units needed to address homelessness and its disproportionate impacts on people of color living in Chicago because it only counts people currently in the shelter system, ignoring increasing numbers of people living in precarious situations Since 2003, the City of Chicago has added only $3 million to the 10-year plan This is about enough funding to create 18 new units of affordable housing for a city of nearly three million residents.23 Additionally, the city plans to eliminate more than 1,200 shelter beds by 2012, representing a 32 percent reduction in the number of available beds Without new prevention and permanent housing resources, the city’s meager measures will have a devastating effect on homeless Chicagoans of color and stand in the way of any significant accomplishment in eradicating homelessness 33 Under its Plan for Transformation, the Chicago Housing Authority has sought to demolish the existing stock of affordable housing in favor of mixed-income development 19,000 18 “Hunger and Homelessness Survey.” United States Conference of Mayors, December 2006, available at http://usmayors.org/uscm/hungersurvey/2006/report06.pdf 19 Heybach, Laurene “New measure would reduce homelessness.” Chicago Sun-Times December 8, 2006 20 “CPS at a Glance.” Chicago Public Schools Available at http://www.cps.k12.il.us/AtAGlance.html 21 “Unaddressed: Why Chicago’s 10-Year Plan to End Homelessness will not work.” Coalition for the Homeless August 2006, available at http://www.chicagohomeless.org/ 22 “How Many People Are Homeless in Chicago?” Coalition for the Homeless December 2006 Available at http://www.chicagohomeless.org/HL%20count%20release%2012-06.doc 23 “Unaddressed: Why Chicago’s 10-Year Plan to End Homelessness will not work.” Coalition for the Homeless August 2006, available at http://www.chicagohomeless.org/ Chicago Submission to Committee Overseeing CERD units of public housing have already been demolished without significant redevelopment The destruction Chicago public housing is an issue of racial justice given that approximately 90% of public housing residents are African-American and 5.4% are Latino/a.24 34 The Plan for Transformation guaranteed the CHA $1.6 billion in federal funds to demolish 51 high-rise buildings over a 10-year period and to replace them with lowerdensity, mixed income housing However, when completed, a total of only 25,000 units will have been built under the plan – in other words, there will be13,000 fewer affordable housing units than Chicago had when the plan was approved in 2000.25 Moreover, the plan was based on the number of occupied units at the time and not the number of families in need As a result, the number of units to be constructed under the CHA plan falls well short of the estimated need for 153,000 affordable housing units for people earning less than $20,000 a year established by a city-supported study completed before the plan was approved.26 35 Nearly six years into the plan, evidence confirms that many families remain without housing or have been re-segregated into very poor and underserved neighborhoods 27 Many have moved into housing with lead contamination and other problems.28 36 Moreover, CHA qualifying policies have a disproportionate impact on people of color Anyone found to be in default of a CHA lease, owing money to a utility company, or to have a conviction for a drug offense is prohibited from occupying new public housing developments or Section homes Upheld by the U.S Supreme Court in March 2002, the latter ban is based on a national “one strike” policy that can result in eviction of entire families if one member or a visitor is convicted of a drug-related offense on CHA property.29 37 According to the U.S Department of Housing and Urban Development, housing is affordable if you pay no more than 30 percent of your income for housing costs (rent or mortgage, taxes and utilities) This means that a person working at the federal minimum wage earning about $10,000 a year should pay no more than $250 a month for housing 38 In Chicago, there are approximately 133,000 households (about 13 percent of households in the city) who can afford no more than $250 a month for housing every month, 24 Grogan, Paul S and Tony Psoscio “The Fall (and Rise) of Public Housing” Joint Center for Housing Studies, Harvard University September 2000 25 “Chicago Housig Authority: Plan for Transformation.” Chicago Housing Authority January 6, 2000 26 “For Rent: Housing Options in the Chicago Region.” Great Cities Institute University of Illinois at Chicago 1999 27 “Chicago Housing Authority and Housing Advocates Settle Lawsuit over Resident Relocation.” Sargent Shriver National Center on Poverty Law Available at http://www.povertylaw.org/ Based on Wallace v Chicago Housing Authority, No 03 C 491 (N.D III.) settled June 2, 2005 28 Olivo, Antonio, John Bebow and Darnell Little “Landlords fail to fix poor’s housing woes.” Chicago Tribune May 22, 2005 29 Lawrence, Curtis, “CHA Tenants May Get Boot.” Chicago Sun-Times March 27 2002 10 Chicago Submission to Committee Overseeing CERD 69 Nutrition and availability of healthy food (i.e grocery stores) are important environmental factors to consider as an influence on general health for a total population It has been noted that many low-income and minority neighborhoods have poorer quality and less grocery shopping choices The Austin neighborhood, for example, is 73% African American, 19% white, and 6% Latino This community of 114,000 residents has only one complete grocery store, a few smaller grocery stores, and a small convenience store The residents, who spent $134 million on groceries in 2001, spent only $34 million of that in their own neighborhood, indicating a financial drain on the neighborhood and general access hardships Recommendations 70 Ensure that pregnant women cannot be evicted from their homes, either through CHA demolition or eviction 71 Advocate for the reinstitution of Cook County Health Clinics 72 Increase education about the dangers of lead poisoning, and actively seek out available funding for cleanup 73 Increase access to preventive care measures to alleviate the asthma epidemic communities get the job done." The Chicago Reporter September 2004 16 Chicago Submission to Committee Overseeing CERD Education in Chicago 74 Despite a massive transformation plan ambitiously named Renaissance 2010, Chicago's achievement gap remains contrary to the national narrowing trend Schools in minority neighborhoods have less access to honors and Advanced Placement classes, and sometimes the gap is dramatic – Harlan High School Academy (100% African American) has AP classes, while Northside Prep (7% Black, 21% Hispanic) has 20.58 75 Chicago has a handful of high performing schools where the black student population has declined by 10 percent since 2000 Indeed, while African Americans account for over half of CPS students, they make up only 29 percent of those in competitive schools, down from 37 percent in 1995 Outside of one, all of these schools rely upon entrance exams and standardized test scores This imbalance is perpetuated despite the fact that some of the children taking the entrance exams are coming from schools where less than percent of the population exceeded state standards.59 76 Jones Prep School is the only top school to look beyond scores, actively seeking out students from low-income minority neighborhoods Jones had to rely upon a desegregation consent decree to accomplish this, however, an action which could only legally occur when whites make up 35 percent of the student body The decree allows schools to pass over white applicants and admit lower-scoring minority students as soon as whites make up 35 percent of the student body 77 Jones' attempt to keep itself racially integrated and income-diverse is in jeopardy however – the United States Supreme Court has rejected the principle of voluntary integration in other states, prompting CPS to (unsuccessfully, for now) initiate attempts to get the Chicago decree lifted Jones' Principal is looking into the possibility of recruitment based on geography rather than race, a de facto integration technique in Chicago.60 78 Chicago's general public schools have made little progress on the most recent national math and reading exams, leaving the city near the bottom when compared with other large urban areas, according to data released November 17, 2007 Chicago 4th graders had the worst showing, scoring below most other large cities Chicago 8th graders did only a bit better Over 50% of the Chicago Public School System is African American.61 79 Between 1995 and 2000, five Chicago Housing Authority developments used federal funds to demolish and redevelop existing housing Most of the 5,669 elementary school children who left their schools during that time moved to schools in mostly poor, black neighborhoods, further segregating an already divided school system.62 80 The Chicago Public School system created the Renaissance 2010 Plan with the intended 58 59 60 61 62 Karp, Sarah "Top School Less Diverse." Catalyst-Chicago November 2007 Karp, Sarah "Top School Less Diverse." Catalyst-Chicago November 2007 Karp, Sarah “Top School Less Diverse.” Catalyst-Chicago November 2007 Banchero, Stephanie "Public School Scores Stagnant on National Test." Chicago Tribune November 15, 2007 "Segregated Schooling" The Chicago Reporter April 2001 17 Chicago Submission to Committee Overseeing CERD mission of closing 60 public schools to create smaller, elite contract or charter schools The vast majority are in African-American neighborhoods that serve very-low-income students.63 81 Schools in low-income neighborhoods often provide not only academic learning, but also early or preschool education; recreational, social and health services; after-school care; and two meals a day.64 They also provided a unique opportunity for minorities to get involved in local politics, through the highly successful form of democratic local school governance of Local School Councils, introduced in 1998.65 82 Local School Councils (LSCs) are empowered to make critical decisions about spending, hiring of principals, and other policy matters affecting their schools Most critically, they have afforded major opportunities for African American and Latino grassroots leaders to become elected public officials in their own communities About 1,800 African American and 700 Latino parents and community residents serve on Chicago's LSCs, and these members represent the vast majority of elected officials of color in Illinois.66 83 Local School Council powers have been systematically stripped over the past decade New charter and contract schools, so integral to Renaissance 2010, are not under Local School Council provision.67 84 On an average day in Chicago, more than 266 students are suspended, and in the 2003 school year (most recent data available), more than 29,700 kids were sent home from school68 85 3,000 children were expelled from school in the 2002-2003 school year, ending each a child's access to public education In that same 2002-2003 year, 8,539 youths were arrested at school, almost 10 percent of them 12 and under.69 In that same school year, African-American students constituted 51 percent of total enrollment, but 76 percent of suspensions and nearly 78 percent of expulsions Similarly, between 1999 and 2003, African-American students made up 84 percent of all suspended-elementary school 63 Paulson, Amanda “Chicago hope: ‘maybe this will work.’” The Christian Science Monitor September 21, 2004 64 Einhorn, Catrin “New law givers boost to community schools.” Catalyst-Chicago September 2002 65 Fung, Archon, Assistant Professor of Public Policy at the John F Kennedy School of Government at Harvard University “Street Level Democracy: Pragmatic Popular Sovereignty in Chicago Schools and Policing.” Prepared for American Political Science Association Annual Meeting September 2-5, 1999, available at www.archonfung.net/papers/SLD99.pdf 66 Moore, Donald R and Gail Merritt “Chicago's Local School Councils: what the research says.” Designs for Change January 2002 67 Duffrin, Elizabeth “Where councils lost ground.” Catalyst-Chicago March 2004 68 “Education on Lockdown: The Schoolhouse to Jailhouse Track.” Advancement Project in partnership with Padres and Jovenes Unidos, Southwest Youth Collaborative, Children & Family Justice Center of Northwestern Law School of Law March 2005, available at www.advancementproject.org/reports/FINALOLrep.pdf 69 "Education on Lockdown: The Schoolhouse to Jailhouse Track." Advancement Project in partnership with Padres and Jovenes Unidos, Southwest Youth Collaborative, Children & Family Justice Center of Northwestern Law School of Law March 2005, available at www.advancementproject.org/reports/FINALOLrep.pdf 18 Chicago Submission to Committee Overseeing CERD students Unsurprisingly, African-American students also represent 77 percent of arrests 86 A hidden population affected by this Zero Tolerance policy is special needs students: nearly three-quarters of all students referred for criminal prosecutions are classified with some type of learning or behavioral disability They are, in other words, being criminally charged for behavior arising from a disability.70 87 Children with disabilities face many particular challenges In 1999, CPS settled a lawsuit brought by parents and advocates who charged that the district was illegally segregating students with disabilities Since then, the district has made improvements, but still lags behind other districts in Illinois Last year, 30 percent of special education students spent the majority of their time outside of a regular classroom, compared with only 18 percent elsewhere across the state.71 Recommendations 88 Implement a moratorium on all school closings under the Renaissance 2010 plan until further evaluation of the effects can be completed 89 Redistribute discretionary Title I money to benefit the most disadvantaged students in the city 90 Increase funding for Local School Councils (LSC), and increase their power to have more control on budgets and principal accountability including hiring and firing 91 Develop a plan with LSCs, policy groups and community organizations to increase graduation rates 92 Support equal per-pupil state funding 93 End the Zero Tolerance policy, and create alternative ways for children who have been expelled to graduate 70 "Education on Lockdown: The Schoolhouse to Jailhouse Track." Advancement Project in partnership with Padres and Jovenes Unidos, Southwest Youth Collaborative, Children & Family Justice Center of Northwestern Law School of Law March 2005, available at www.advancementproject.org/reports/FINALOLrep.pdf 71 Karp, Sarah “Leaving Special Ed Kids Behind.” Catalyst-Chicago October 2006 19 Chicago Submission to Committee Overseeing CERD Criminal Justice 94 Chicago’s criminal justice system continues to plague efforts to secure respect for fundamental human rights in Chicago Long-observed patterns of police abuse continue unabated and lack of accountability within police structures have led to widespread distrust of the justice system in minority communities Sharp disparities in service and inadequate efforts to establish better community relations reinforce the distressing reality of unequal treatment 95 The Chicago Police Department is notorious for lack of transparency, openness or willingness to share information, particularly as it relates to instances of serious misconduct by its officers Faced with a “blue wall of silence” in which “fellow officers [turn] a blind eye to corruption and later [resist] cooperating with criminal investigations of their colleagues,” community organizers and academics often resort to Freedom of Information Act (FOIA) filings to have any chance of getting the information they seek.72 96 Between 2001 and 2005, the city paid nearly $100 million to settle 864 civil lawsuits that alleged abuses such as excessive force, false arrest and improper searches by Chicago police officers.73 Most abuses are committed by a small percentage of officers, many of them members of gang tactical outfits, such as the Special Operations Unit, which works in low-income African-American and Latino neighborhoods 97 Although the department denies fostering a culture that tolerates corruption, little is done to discipline the less than percent of officers who are responsible for nearly 50 percent of all complaints from civilians During the last five years, 662 officers – in a police force of roughly 13,500 – received 11 or more complaints From 2002 to 2004, the city investigated 18,077 misconduct allegations of which 44 percent name those same 662 officers.74 Statistics provided by the city in a federal civil-rights suit show that the 10,150 complaints of police abuse in the categories of excessive force, illegal arrest, illegal searches, and racial and sexual abuse from 2002 to 2004 resulted in only 18 officers receiving any “meaningful” discipline – a suspension of seven or more days 75 98 The Mandel Legal Clinic found that “the odds are two in a thousand that a Chicago police officer will receive any meaningful discipline as a result of being charged with abusing a civilian.”76 For police brutality complaints filed by citizens between 2002 and 2004, the change of meaningful discipline for a police brutality complaint was less and in 1,000.77 72 Heinzmann, David, and Todd Lightly “Report: bad cops protected.” Chicago Tribune November 29, 2006 73 Marin, Carol “Chicago paying millions to settle police cases.” NBC posted Feb 23, 2006, updated Feb 27, 2006 Available http://www.nbc5.com/ 74 Kalven, Jamie “Cops with criminal tendencies operate with impunity.” Chicago Sun-Times September 16, 2006 75 Kalven, Jamie “Cops with criminal tendencies operate with impunity.” Chicago Sun-Times September 16, 2006 76 Futterman, Craig B., Mather, H Melissa, and Miles, Melanie, “The Use of Statistical Evidence to Address Police Supervisory and Disciplinary Practices: The Chicago Police Department’s Broken System.” November 15, 2007 77 Futterman, Craig B., Mather, H Melissa, and Miles, Melanie, “The Use of Statistical Evidence to Address Police Supervisory and Disciplinary Practices: The Chicago Police Department’s Broken System.” November 15, 20 Chicago Submission to Committee Overseeing CERD A brutality complaint is 94 percent less likely to be sustained in Chicago than the nation as a whole.78 99 The Chicago Police Department fails to discipline officers who have repeatedly been accused of misconduct and brutality According to a report issued by the Mandel Legal Aid Clinic of the University of Chicago, many of the identified as repeated objects of complaints operated in low-income minority areas of the city Specifically, the report found that, “[a]buse is concentrated among certain officers who work together in particular units or teams and who police certain parts of the City—generally lowerincome African-American and Latino Communities.79 100 The police’s lack of transparency has kept the ugliest chapter in Chicago police history from being closed Between 1972 and 1991, police commander Jon Burge tortured approximately 135 African-American men and women in the Area police facility on Chicago’s South Side A four-year investigation by city-appointed special prosecutors, released in 2006 and costing $7 million dollars to Chicago taxpayers, acknowledged that torture had occurred but made no indictments Recently, a report from Northwestern University Law School called the prosecutors’ efforts “hopelessly flawed.” 80 101 Beyond the issue of serious misconduct, there continues to be widespread perception of racial discrimination and abuse in minority communities In 2001, 26 percent of African Americans reported having been stopped by Chicago police that year, compared with 20 percent of Latinos and 16 percent of whites Reportedly, 64 percent of black males are stopped in the course of a year.81 In spite of this, racial profiling data, collected since 2004 as mandated by the state, cannot be used as a “disciplinary tool,” even when they supply evidence of racial bias.82 102 A two-tiered system of police service also is evident Examining 911 emergency response time, a WMAQ Channel special report aired in November 2006 detailed how getting prompt service depends on where you live The story involved a radio disposition called a RAP – radio assignments pending, a list of crimes in progress waiting for police to arrive 2007 78 Futterman, Craig B., Mather, H Melissa, and Miles, Melanie, “The Use of Statistical Evidence to Address Police Supervisory and Disciplinary Practices: The Chicago Police Department’s Broken System,” November 15, 2007 79 Futterman, Craig B., Mather, H Melissa, and Miles, Melanie, “The Use of Statistical Evidence to Address Police Supervisory and Disciplinary Practices: The Chicago Police Department’s Broken System,” November 15, 2007 80 “The Failures of Special Prosecutors Edward J Egan and Robert D Boyle To Fairly Investigate Police Torture in Chicago.” Macarthur Justice Center, Northwestern University Law School Available at http://www.law.northwestern.edu/macarthur/documents/police/4_25_07FinalSpecPros.pdf 81 Skogan, Wesley G., Dennis P Rosenbaum, Susan M Hartnett, Jill DuBois, Lisa Graziano, Cody Stephens, Chelsea Brown, Ashleigh Campi, Jarrett Feinstein, So Young Kim, Dukhong Kim, Sarah Rosenbaum, Steven Ryan, Barbara Seiden, and Institute for Police Research, Northwestern University & University of Illinois-Chicago "CLEAR and I-CLEAR: A status report on New Information technology and its impact on management, the organization and crime-fighting strategies." Chicago Community Policing Evaluation Consortium February 2005, available at www.communitypolicing.org 82 “Chicago won’t use race profiling to discipline.” Crime Control Digest January 23, 2004 21 Chicago Submission to Committee Overseeing CERD The report illustrated that South and West side communities that are heavily African American and Latino have grossly more RAPs than white areas.83 103 The Chicago Alternative Policy Strategy84 (CAPS) has failed to provide effective community involvement for all of Chicago’s communities of color Latinos’ views of the police remain negative, usually having to with lack of trust, perceived police prejudice or racism, and communication problems For instance, CAPS meetings, billed as Spanish-speaking, often have no Spanish-speaking officers or bilingual translators 85 One police sergeant noted, “[Latinos] don’t expect any great service from us, and a lot of officers are, frankly, a little racist… there are many officers that, once they have a negative stereotype formed, they treat all people with the same attitude.” He said this is the case in both the Latino and African-American communities.86 104 Although both crime and police misbehavior ultimately affect the entire city, albeit in different ways, perhaps those who suffer most are minority children who grow up in perpetual fear, even at home Youngsters who witness violence (reportedly about 30 percent of children in Chicago) have a more difficult time concentrating in school, and have lower reading and IQ scores Neighborhoods with high levels of violence have difficulty retaining teachers, businesses and quality housing 105 Despite solid evidence of rampant police torture and abuse, none of the parties involved has been prosecuted or punished Impunity is allowed to prevail as the Chicago Police Department, Cook County State’s Attorney, and the United States Attorney’s office have failed to pursue legal accountability for perpetrators of human rights violations Without immediate and substantive action by local government, the failures of the criminal justice system are only worsening, to the detriment of Chicago’s racial minorities 106 Cook County, where Chicago is located, accounts for 90 percent of all active death penalty cases in Illinois.87 Of the inmates sent to Illinois’ death row from Cook County, 60% are African American; 20% are Hispanic and 20% are White This is in contrast to the population of Cook County, where 26% are African American, 23% are Hispanic, and 45% are White.88 83 “Does where you live affect police response time?” NBC WMAQ Special Report Aired November 29, 2006 Available at http://www.nbc5.com/unit5investigates/10417034/detail.html 84 The Chicago Alternative Policing Strategy is the police’s primary means of reaching out to communities Initiated in 1993, the plan was to establish teams of officers with relatively long-term assignments in each of the city’s 279 districts Teams were expected to spend more time responding to calls and working on prevention projects in assigned areas 85 “Mixed Review for Chicago’s Community Policing.” Institute for Policy Research News, Northwestern University Summer 1999 Available at http://www.northwestern.edu/ipr/publications/newsletter/iprn9907/policing.html 86 "Mixed Review for Chicago's Community Policing." Institute for Policy Research News, Northwestern University Summer 1999 Available at http://www.northwestern.edu/ipr/publications/newsletter/iprn9907/policing.html 87 Illinois Coalition to Abolish the Death Penalty 2007 Annual Report 88 Population Division, U.S Census Bureau (2007, September) Annual Estimates of the Population Retrieved September 26, 2007, from http://www.census.gov/popest/estimates.php 22 Chicago Submission to Committee Overseeing CERD 107 Likewise, the racial breakdown of defendants facing the death penalty in Cook County as of December, 2006:89 indicates the following racial disparities 74% are African American; 15% are Hispanic and 10% are White 108 As of 2005, Illinois had the following prison incarceration rates:90 Race White African American Hispanic 109 Percentage Of Overall Population 60% 12% 13% Percentage Of Prison Population 28% 60% 11% The rate of incarceration per 100,000 citizens of Illinois in jails and prisons was as follows.91 Race White African American Hispanic Number Incarcerated Per 100,000 Citizens 223 2020 415 Recommendations 110 Encourage the State of Illinois to follow the recommendations made by the Governor’s Commission on Capital Punishment to reduce arbitrariness in the application of capital punishment 111 Force the Cook County States’ Attorney to make public the process it uses to analyze potential capital cases and determine whether it will seek the death penalty 112 Allow civilians to submit anonymous complaints, treat civilian complainants appropriately and eliminate lengthy and duplicative steps in the disciplinary process 113 Institute whistle-blower immunity for police officers who provide information about other officers’ wrongdoing, and provide protection from reprisals 114 Require the CPD to produce printed annual reports and make monthly statistics available to allow sufficient public monitoring and reasonable analysis of the disciplinary system 115 Provide more funds to alternative crime prevention programs 89 Illinois Coalition to Abolish the Death Penalty 2007 Annual Report 90 Illinois Department of Corrections 91 Bureau of Justice Statistics, Prison and Jail Inmates at Midyear 2005 23 Chicago Submission to Committee Overseeing CERD 116 Install personnel performance software that will enable the Police Department to identify rogue police officers and hold them accountable 117 Expand the state’s ex-offender hiring program and create incentives for Chicago businesses to initiate a similar program 24 Chicago Submission to Committee Overseeing CERD Transportation in Chicago 118 Northeastern Illinois is home to the nation’s second largest transit system About 130,000 riders use the Chicago Transit Authority (CTA), Pace, and Metra everyday, a testament to the value of transit in moving the region’s goods, services and people where they need to go.92 Yet prioritization of public transportation projects and services benefit mostly white-collar workers and tourists, while most Chicago area residents, particularly in communities of color, are not seeing their needs adequately addressed See Attachment for racial disparities in access to transportation 119 The regional transit system of Chicago is being eroded by continuation of a 1983 state funding formula that bases funding levels on geographic boundaries and retail spending, ignoring transit ridership and other criteria related to transit performance and needs As a result of this formula, Chicago’s people of color experience substantial service cutbacks and fare increases 120 A $482 million renovation of the Douglas Branch Blue Line was completed in 2005 to improve access from the primarily Latino and Black communities of the Southside of Chicago (Pilsen, Little Village, and North Lawndale) to the University of Illinois medical district, stops northwest of the Loop (where jobs are available), and O’Hare airport In June 2006 late-night and weekend services on the Douglas Blue Line, which serves predominately low- to moderate-income African Americans and Latino populations, were cut back Trains are coming less often (every 30 minutes) as compared to the frequency of trains prior to the re-establishment of services in January 2006 121 In August 2005, President Bush signed into law a transportation bill allocating $590 million to fund capital-improvement projects including expansion of the Red Line to 130th Street to serve the predominantly Black communities of Chicago’s South Side (Roseland, Pullman, and Riverside) The CTA has deemed the expansion of the Red Line through Chicago’s South Side African American communities as a low priority 122 The CTA favored plan, dubbed the Circle Line, was proposed in 2002 The Circle Line would be a single new 6.6 mile rapid-transit circle around the growing city center There is growing concern that the new route would redefine downtown and displace people of color living in lower income neighborhoods 123 Another controversial CTA capital priority is the plan to crate a Super Station for the cityowned “Block 37” located in downtown Chicago The plan calls for express businessclass service costing riders up to $13 to Midway Airport and $17 to O’Hare Airport Plans for this high-end train service demonstrates the CTA’s willingness to serve business and tourists while ignoring the needs of low income and people of color needing increased capital improvements, affordable fares and bus transfers, and more reliable and equitable train and bus service throughout the system 124 In early 2004 the CTA began raising fares for the first time in a decade and riders 92 Illinois PIRG (2007) Finding Solutions to Fund Transit: Combining Accountability & New Resources for World-Class Public Transportation Chicago: Author 25 Chicago Submission to Committee Overseeing CERD currently pay up to double the price of the pre-2004 fare increases Additionally, in 2006 the CTA penalized cash riders by increasing their fares from to $2 while “Chicago Card” riders were still only paying $1.75 Further, cash riders no longer could get a bus transfer while card riders can have a transfer for only $.25 These changes discriminate against low income users, affecting proportionally people of color, as a credit card and savings must be available to utilize the transit card system 125 In some cases, the CTA map itself tells a tale of inequality (Attachment 4) The Red Line in many ways is Chicago’s backbone, connecting the North Side to the South Side, but there are yawning gaps between the north and south in terms of CTA service The predominately African America South Side has 10 stops, averaging 9.2 blocks apart The North Side, in comparison, has 21 stops that average 3.1 blocks apart But it is those who live on Chicago's west side who experience the longest gaps between stations on the Green Line – 1.5 miles from Clinton to Ashland and another 1.5 miles from Ashland to California.93 Recommendations 126 Establish a third-party commission to pursue equity in service for all communities, and create a Transportation Equity Plan to be fully implemented by 2015 127 Secure state funds to supplement the $590 million already allocated by the federal government to expand the Red Line to 130th Street 128 Halt all plans to create a Circle Line until the needs of underserved communities are met first, and re-evaluate the Circle Line plan to optimize the addition of the system to benefit those who need it most 129 Modify the Block 37 plan to ensure that it improves transportation and transfer opportunities for all Chicago residents 130 Reinstate the CTA transfer system that was in place prior to 2006 for all buses and trains 131 Bar further fare increases except for inflation increases 93 Developing Government Accountability to the People (2006) DGAP Report Card for Chicago 2006: Transportation Chicago: Author 26 Chicago Submission to Committee Overseeing CERD Attachment 1: Snap-shot of Poverty in Illinois and Chicago Illinois Poverty Rates: 2006 Group Poverty Rate Asian 8.9% African American 28.0% Hispanic 17.6% White Non-Hispanic 7.7% Illinois Child Poverty Rates: 2006 Group Poverty Rate Asian 8.3% African American 38.8% Hispanic 23.0% White Non-Hispanic 8.6% Illinois Poverty Rates for People with Disabilities: 2006 Group Poverty Rate Asian N/A African American 41.9% Hispanic 30.7% White Non-Hispanic 13.7% Chicago Child Poverty Rates: 2006 Group Poverty Rate Asian 16.7% African American 45.6% Hispanic 29.1% White Non-Hispanic 7.3% Chicago Poverty Rates: 2006 Group Poverty Rate Asian 14.8% African American 32.0% Hispanic 21.6% White Non-Hispanic 9.7% Rates of Illinoisans Living at 200% of the Federal Poverty Line* Group Poverty Rate Asian 15.4% African American 51.6% Hispanic 48.5% White Non-Hispanic 19.3% 27 Chicago Submission to Committee Overseeing CERD Attachment 28 Chicago Submission to Committee Overseeing CERD Attachment 29 Chicago Submission to Committee Overseeing CERD Attachment 30 ... minorities to get involved in local politics, through the highly successful form of democratic local school governance of Local School Councils, introduced in 1998.65 82 Local School Councils (LSCs)... year-round receive food stamps in Illinois. 8 Not all eligible for the Food Stamps program are receiving them 74.5% of eligible Illinoisans are not receiving food stamps In Chicago, 26.5% of African Americans... nonHispanics in Illinois are living in extreme poverty1 Yet, Illinois has no comprehensive strategy to reduce this disparity and lift these families out of extreme poverty 11 Minorities in Illinois