Lawfare Loses

4 03 2016


Happy day.


This, the activists’ complaint said, violated the Illinois Civil Rights Act of 2003, which forbids municipalities from engaging in policies that create have a disparate negative impact on racial and ethnic minorities.

Do you realize what a legal tar baby that is? Almost all positive public policy (positive, meaning that it is the result of written laws and ordinances, as opposed to negative, which is the lack of action on the part of public officials) has a disparate impact on racial and ethnic minorities. Murder being a crime has a disparate impact on black men.  That said, I think the main reason why this lawsuit was laughed out of court was because the Illinois Civil Rights Act of 2003 forbids positive policies that have a disparate impact on blah blah blah, but it can’t do anything about negative policies.


The actual ICRA 2003 text, which isn’t very long.  But, here’s the relevant section:

No unit of State, county, or local government in Illinois 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.

Which means I was right, there can only be a violation if there is a positive public action, not a negative one.




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