Richard Rothstein: “The Color of Law"

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ROBERT SELF: Thank you, Stephanie so much, and thank you all for coming. As Stephanie said, my name is Robert Self, and I'm the chair of the history department. And I'm really pleased to have joined this semester with CSREA and the American Studies department to sponsor this series called Segregated-- Structural Racism in the Shaping of American Cities. And Stacey mentioned wealth, opportunity, and safety. And the way that this series will work is each of those concepts, wealth, opportunity, and safety, will be visited by particular speakers. So today we have, of course, Richard Rothstein who will talk about a big overall national story about the role of the federal government in segregating American cities. And our final two speakers, Nathan Connolly and Elizabeth Hinton will address more specific questions of opportunity, safety, policing, the ways in which urban spaces are constructed, imagined, policed, regulated, and so on. Cities in North America, and in particular the regions that became the United States, have been shaped by forms of racial segregation and racial inequities since the colonial era, when slave markets were an indelible feature of the urban landscape, both North and South. But after the Second World War, a specific set of forces, institutional actors, and public policy came together to create intensified and lasting forms of segregation and stark racial preferences for whites at the expense of people of color. This produced what the historian Arnie Hirsch once called, quote, "the second ghetto," using the language of an earlier era, a space of racial isolation and disadvantage created by public policy. The federal government itself, in one of the most honest, if schizophrenic, reports it has ever delivered, the 1968 Kerner Commission Report, wrote of this, quote, "second ghetto," "White institutions created it, white institutions maintain it, and white society condones it." This a mere 30 years after that same federal government had put in place many of the very policies that made the ghetto itself. It is the specific set of forces, actors, and policies that came together after World War II to create the modern urban racial landscape that are the subject of this speaker series this semester. And so with that brief introduction to the series, I want to turn to our speaker today, Richard Rothstein. Mr. Rothstein is a distinguished fellow of Economic Policy Institute and a senior Fellow Emeritus at the Thurgood Marshall Institute of the NAACP Legal Defense Fund and of the Haas Institute at the University of California Berkeley. He is the author most recently, drawing on that today, of The Color of Law-- A Forgotten History of How our Government Segregated America, which was long listed for the National Book Award and recently won the 2018 Sidney Hillman Prize. It's from this work that he'll draw today. Rothstein has been for much of his career a scholar and a policy analyst of education. In this vein, he is the author of such books as Grading Education-- Getting Accountability Right, Class and Schools Using Social, Economic, Educational Reform to Close the Black-White Achievement Gap, and The Way we Were-- Myths and Realities of American Student Achievement, among a number of other books. The Color of Law draws on his own work and importantly on the scholarship of a generation of sociologists and historians whose documentation of the federal role in urban segregation, including government-sanctioned redlining, has been so central to our understanding of the recent urban past. And with that, let me say how delighted I am to welcome Richard Rothstein to Brown. [APPLAUSE] RICHARD ROTHSTEIN: Thank you, Robert. You know, I tried out that table. It's sturdy enough for someone to sit on. And then probably this one is, too, although I didn't try that one out. And there's another seat there, so come on, somebody. Well, thank you, Robert. And as I always have to say, I also want to thank Robert for his important research in Oakland, which I drew on so heavily in doing this work myself. As you all know, in the 20th century, we made a decision nationally to abolish segregation in this country. We had a civil rights movement. It began by challenging segregation in law schools. Civil rights lawyers sued to desegregate law schools because they figured that if judges couldn't understand anything else, they might be able to figure out that you couldn't get a good legal education in a segregated the law school. That was the first case. And then that precedent was used to challenge segregation in colleges and universities. And then that precedent was used as the basis for the Brown versus Board of Education decision that you're all familiar with in 1954 that abolished legal segregation in elementary and secondary schools. And then the Brown decision gave new impetus and inspiration to a growing civil rights movement, that over the course of the next 15 years challenged segregation and everything from water fountains to buses. You're all familiar with the Rosa Parks story, to lunch counters, to public accommodations of all kinds, interstate transportation. And then at the end of the 1960s, the civil rights movement folded up its tent and left untouched the biggest segregation of all, which is that every metropolitan area in this country is residentially segregated. We came to understand in the 1930s, '40s, '50s, and '60s that segregation was wrong, that it was immoral, that it was harmful to both African-Americans and to whites, even that it was unconstitutional. And yet, we left untouched the biggest segregation of all, and that's always been a puzzle to me. How is it that we accept the fact that we have residentially segregated metropolitan areas? I've lived in many. Every one of them and I've lived in has had clearly defined areas that were black or almost all black, white or almost all white. How is it that we've ignored this? We don't think it's a great thing. Most of us think it's a bad thing but we don't feel any obligation to do anything about it as we did about all the other forms of segregation that we challenged in the 20th century. I guess in one sense, it's not that hard to understand. It's a lot harder to challenge segregation in neighborhoods than to challenge segregation in water fountains. If you abolish segregation i water fountains, the next day, you can drink from any water fountain. The colored and white signs come down, and we no longer have segregated water fountains. But if we abolish segregation in neighborhoods, the next day, well, things wouldn't look much different. It's a harder thing to do. And so what we've done, all of us-- and I mean all of us, myself included-- whites and blacks, Democrats and Republicans, liberals and conservatives, Northerners and Southerners, is we've adopted a national rationalization to excuse ourselves from doing something that's very hard, desegregating neighborhoods. And that rationalization goes something like this. The forms of segregation that we abolished in the 20th century, well, those were all created by government. There were ordinances, and laws, and regulations, public policies that separated blacks and whites in schools, and colleges, in restaurants, in buses, in all of the other institutions that we challenged. And because this was required, this kind of segregation was required by government policy, will, it violated the Constitution. It was a civil rights violation. In the case of the federal government, that violated where the federal government was involved. It violated the Fifth Amendment to the Constitution. In the case of state and local policy, it was a violation of the 14th Amendment of the Constitution. And as we came to recognize that this was a civil rights violation, we understood that as a constitutional democracy, all of us had an obligation to remedy it, as citizens of this democracy. Residential segregation, though, we tell ourselves, is something very different. Residential segregation was not the creation of government. Residential segregation was the creation of private people, private activity. Bigoted white homeowners wouldn't sell homes to African-Americans in white neighborhoods, or real estate agents and banks operating in the private economy discriminated in the way in which they showed homes, or rented apartments, or issued mortgages. Or maybe it's just that blacks and whites like to live with each other of the same race. We all feel more comfortable living with people who have the same skin color that we do. Or maybe we tell ourselves it's really just a product of income differences. On average-- of course, there are distributions-- but on average, African-American incomes are lower than the average African and white incomes, and many African-Americans just can't afford to move to middle-class white neighborhoods. All of these individual, personal, economic, private, bigoted decisions is what created residential segregation. And if it happened by accident, it's not our responsibility to do anything about it. It can only unhappen by accident. And therefore, we've absolved ourselves of the obligation to address it. Well, as Robert said in introducing me, I was a student of education policy. I knew nothing about housing before I started working on this topic, and I still know very little about it, but I'm learning fast. But I was an education policy analyst. And in much of the 1990s and 2000s, I was writing denunciations of federal education policy, which assumed that the only reason we had an achievement gap between black students and white students is because teachers had low expectations. The schools weren't held accountable for higher achievement by black students. And if only we made tougher accountability policies, tested students more, publicized the test results, the black-white gap would disappear. And I wrote many columns arguing that this was nonsense, that the reason we have an achievement gap is primarily because of the social and economic conditions that children from lower socioeconomic groups, particularly minorities, come to school with that impedes their learning. And I gave many, many examples of this in articles that I wrote and books that I wrote. And Robert mentioned a couple of them, but I'll just give one example. We know that African-American children in urban areas have asthma at four times the rate of middle-class children. If a child has asthma, that child is likely to be up at night, drowsy the next day, wheezing, sometimes sleepless, less frequently coming to school. Asthma's the biggest cause of chronic school absenteeism. And I tried to explain that if you had two groups of children who are equal in every respect, two identical groups of children-- same race, same socioeconomic distribution, same family background, equal in every respect except one group had a higher rate of asthma, and therefore is going to come to school more drowsy, and less often, and more sleepless, that group is going to have lower average achievement. That seems to me a simple matter of logic. It's not to say that some children with asthma don't have higher achievement than typical children without, because there's a distribution of outcome for every human characteristic. But on average, if school means anything, a child who comes to school paying less attention because they haven't gotten any sleep the night before is going to do less well, typically. And there are so many of these conditions-- asthma, lead poisoning, from living in more polluted neighborhoods and less well-maintained homes, or stress from parental economic insecurity or homelessness. And you add them all up, and they explain most of the achievement gap. But then I began to think-- it took me a while. I'm a slow learner. I began to think that if you take children with these conditions and you concentrate them in single schools, so that every child has either asthma, or lead poisoning, or stress, or homelessness, or some combination of these and other socioeconomic disadvantages, it's inconceivable that that school, no matter how high teacher expectations were, that that school can achieve at the same level of schools where children come to school well-rested, and without cognitive deficiencies created by lead absorption, and unstressed, and in good health, and so forth. So that's how I came to this topic. I began to worry about the concentration of disadvantage in schools. And we call those kinds of schools, obviously, segregated schools. And I knew that schools were segregated in this country, racially homogeneous in large part because they're located in segregated neighborhoods. In fact, schools are more segregated today in this country than any time in the last 45 years because our neighborhoods are so segregated. So this was my concern. And then in 2007, the Supreme Court issued a decision in the field of education that as an education policy analyst, I had to read and analyze. And this was a case that involved the school districts of Seattle, Washington and Louisville, Kentucky. Both of those school districts had very, very modest token desegregation plans. The leaders of those school districts understood the conditions. I was just talking about, and they wanted to desegregate their schools to some extent, so they adopted a very trivial plan in which parents had a choice of which school to send their child to within the district. But if the choice was going to further exacerbate the racial concentration of a school, that choice would not be honored in favor of the choice of a child that would ameliorate the racial concentration. So if you had an all-white or mostly white school and there was one place left, and both a black and a white child applied for that place, the black child would be given some preference, and vise versa. How could you imagine a more trivial plan? How many times do you have one place left and you have to choose between a black and a white applicant? It almost never happens, but that was the plan. The Supreme Court denounced the plan. They said it was unconstitutional. It was a violation of the Fourth Amendment to take race into account in pupil assignment. And the reason the Supreme Court said-- John Roberts wrote the opinion-- he said well, the schools in Seattle are segregated because the neighborhoods in which they're located were segregated. I thought that was a pretty wise observation on the Chief Justice's part. That's, in fact, why the schools in Louisville and Seattle were segregated. And they went on to say if the neighborhoods are segregated, de facto, for all the reasons that I just described. And if they were segregated because of private bigotry, and actors in the private economy, and people's self choices, and income differences, it wasn't the creation of government. And therefore, it's not a violation of the Constitution. It's just an accident of demography. And if it doesn't violate the Constitution, it's not permitted to remedy it. Well, as you can see, I've been around for a few years. And I read this decision, and suddenly, something struck me about a case I'd read about many years before in Louisville, Kentucky, one of the districts that was the subject of this case. In Louisville, there was a white homeowner in a suburb of Louisville called Shively, a single family home suburb on the outskirts of Louisville, who had an African-American friend who was living in the central city of Louisville renting an apartment. The African-American friend was a decorated Navy veteran. He had a wife and a daughter, a good job. He wanted to move to a single family home, but as de facto segregation tells us, nobody would sell one to him. So the white family, the white homeowner bought a second home in the suburb of Shively and resold it to his African-American friend. In those days, that was about the only way that African-Americans ever moved into white neighborhoods was if a white family bought a home and then resold it to it that African-American. And when the African-American family moved in to this single family home in Shively, an angry mob, and angry mob of white neighbors surrounded the home, protected by the police. They threw rocks through the windows. They dynamited and firebombed the home. Despite the fact the police were present, they couldn't identify a single perpetrator. And when the riot was all over, the state of Kentucky arrested, tried, convicted, and jailed with a 15-year sentence the white homeowner for sedition, for having sold a home to an African-American family. And I said to myself, this doesn't sound to me much like de facto segregation. Maybe there's something that Chief Justice John Roberts doesn't know about the history of how this happened that's worth investigating. And so I began the investigation that led to the book, The Color of Law that Robert mentioned. And what I concluded was that not only were there thousands of cases like this-- and I'm not exaggerating. I use the word deliberately-- thousands of cases of mob violence protected by the police to drive African-Americans out of white neighborhoods, but there were many, many other federal, state, and local policies, racially explicit policies that were designed to ensure that African-Americans and whites could not live near one another in urban areas. It's not to say that there wasn't bigotry involved. Of course there was, private bigotry. But there were so many public policies that were equally as powerful as the policies of segregated restaurants, and lunch counters, and buses, and schools that de facto segregation is another myth. We have a de jure system, to use the court's term, of residential segregation. The residential segregation of every metropolitan area, the racial boundaries that we see, are a violation of the Constitution as much as the segregation of water fountains was. And if that's the case-- and I'm convinced that this is the case-- and if that's the case, then it's a civil rights violation, and we have an obligation, all of us, as American citizens, to remedy it, if we want to call ourselves a constitutional democracy. We can no longer use the excuse that, oh, well, this happened by private activity. It's not our responsibility. So let me describe in addition to the use of the courts, and the police, and the criminal justice system to enforce racial boundaries some of the other chief policies that the federal government used. There were many at the state and local level as well to enforce segregation. I want to emphasize it's not to say that there wasn't private bigotry involved. All the things that I mentioned before certainly took place. But our constitution says that no matter how much private bigotry there is, no matter how much private activity to create segregation there is, if the government embraces it, then it becomes a constitutional violation. The Bill of Rights exists to require government to resist private discrimination, not to embrace it. So let me describe some of the chief policies that were followed by the federal government to create the civil rights violation which is residential segregation. First one I'll mention is public housing. Now, I think all of you know what public housing is. I did before I did this research, before I began reading about this stuff. Public housing is a place we think where poor people live, single mothers with children, lots of them, lots of young men without jobs in the formal economy, lots of deteriorated buildings, lots of interactions with the police. Public slums, that's our image of public housing. But that's not how public housing began in this country. Public housing began in this country during the New Deal, during the Depression, by the Roosevelt administration, and it was housing for middle-class working-class families who had jobs, good jobs, who could afford to pay for housing, could afford to pay rent for apartments. It wasn't for poor people. Poor people were not allowed into public housing in those days, when the public housing first began. The Depression, of course, had a lot of unemployment. 25% of the workforce was unemployed, and enormous unemployment. But public housing was for the 75% who had jobs. But who had no housing, because no housing was being built in the Depression. There was a big housing shortage. So the Public Works Administration, one of the first New Deal agencies, built public housing across much of the country, certainly east of the Mississippi River. The government wasn't much involved west of the Mississippi in those days. Built public housing, and everywhere it built it, it built it for, again, working-class white, middle-class families on a segregated basis, separate projects for whites and for African-Americans, frequently, frequently creating segregation where it hadn't previously existed. Now, that also may surprise you. Certainly, we had a lot of segregation, informal segregation in the country in many eastern cities after World War I and the great migration of African-Americans into eastern cities. But there are also many integrated neighborhoods, working-class neighborhoods in particular, near downtown areas because factory districts, factories, warehouses, service industries serving them, all had to be located in a central area near either a railroad terminal or a deep water port, because that's where they got their parts and shipped their final products. And workers who didn't have automobiles had to walk to work or take short street car rides. So if you had a factory district that had employed workers who are African-American, and Irish, and Italian, and Jewish, and rural migrants, and they all had to live in broadly the same neighborhoods. Not to suggest every other home was a different race, but broadly integrated neighborhoods. The great African-American poet novelist playwright Langston Hughes, whom I hope many of you are familiar with, wrote in his autobiography that he grew up in a downtown integrated Cleveland neighborhood. We don't think of downtown Cleveland as being an integrated place today. But he said in high school, his best friend was Polish. He dated a Jewish girl. This was not the norm, but it wasn't unique either in those times, much more commonplace than it is today for high school students. And the Public Works Administration, the first New Deal agency, demolished housing in that downtown area of Cleveland to build two separate projects, one for African-Americans and one for whites, creating a pattern of segregation with that and other projects elsewhere in Cleveland that were also segregated, creating a pattern of segregation or reinforcing a pattern of segregation that otherwise would never have developed with such strength. In my book, I like to talk about self-satisfied smug places. I don't know if Providence qualifies, but Cambridge, Massachusetts is one that I talk about. The area between Harvard and MIT, the central square neighborhood, was about half black and half white the 1930s. It was an integrated neighborhood. The Public Works Administration demolished housing there to build two separate projects, one for whites, one for African-Americans, creating a pattern of segregation, and with that and other projects also segregated in the Boston area, that otherwise would never have developed with such strength. During World War II, hundreds of thousands of workers flocked to centers of war production to take jobs in the war industries. Jobs had been scarce during the Depression. The war industries absorbed a lot of the unemployment. Workers flocked from all over the rural areas of the South, and the Midwest, the Western states, the Southwest, to take jobs in war industries. And they overwhelmed the communities where they were located, where these plants were located. And if the government wanted the ships, and the planes, and the tanks, and the Jeeps to continue to be produced, it had to produce housing for these workers, so it did. It produced separate housing, segregated housing for African-Americans and whites. Frequently, they were working in the same plants, but separate housing for African-American and white war workers, creating a pattern of segregation in some places and reinforcing the pattern in others that otherwise would never have existed with such strength. And in my book, again, I pick on a place, the San Francisco Bay Area. A community called Richmond, a small suburb of Berkeley was the center of shipbuilding on the West Coast, had very few African-Americans living there. There were some domestic workers who were typically related to Pullman Car Porters who were living in an integrated West Oakland area who were living in Richmond before that, but very few African-Americans. It was a community of 20,000. And by the end of the war, the shipyards in Richmond were employing 100,000 workers. And if you add in the families that they brought with them, it was probably an influx of 300,000 people or so into Richmond, and no community like that can absorb 300,000 people in a period of four years. If the government wanted the shipyards to continue, it had to build housing for those workers, and it did. It built segregated housing. Segregated housing frequently for the African-American workers was mostly located along the railroad tracks in the industrial area. It was shabby housing. The city of Richmond announced that the African-Americans who came to Richmond to work in the shipyards during the war would have to leave at the end of the war. And it built housing for the white shipyard workers closer to the more residential areas, and close to shopping, and other amenities, and frequently more stable housing. And this was done all over the country wherever there were war plants, segregated housing. After World War II, there was still an enormous housing shortage. Not only was no housing built during the Depression except for the few public projects that I mentioned. During World War II, it was prohibited to use construction materials for civilian purposes except for housing for war workers. So there's an enormous housing shortage, and then millions of returning war veterans were coming home needing housing, so we had an enormous housing shortage. People were doubled and tripled up living with relatives, both African-Americans and whites living in open fields and Quonset huts. President Truman, who succeeded Roosevelt as president after World War II, had to address this housing crisis, and so he proposed a vast expansion of the National Public Housing Program. And remember, public housing was still at this time mostly for people who could afford to pay rent. This was not a program for poor people. These were returning war veterans who had jobs in the post-war boom, employment boom, but there was no housing for them. And so he proposed a vast expansion of the public housing program for returning war veterans, and conservatives in Congress wanted to defeat Truman's 1949 Housing Act, not because they didn't want to serve poor people-- there weren't poor people to speak of. A few, but not too many living in public housing. Not for racial reasons, because it was always segregated. They didn't object to that. They wanted to defeat it because they thought that public housing was socialistic, that the private market should take care of the housing needs of returning war veterans, even though the private market wasn't doing so. And so they came up with a strategy that we call-- it's a term maybe some of you have heard, the poison pill strategy. A poison pill strategy is a strategy where opponents of a bill in Congress put forward an amendment which can garner majority and pass. But then when the amendment is attached to the bill and the full bill as amended comes before the two Houses of Congress, a different majority, because of that amendment, then votes against the bill and sends it down to defeat. So conservatives in Congress, led by a then Senator from Ohio Robert Taft, who was called Mr. Conservative, proposed an amendment to the National Housing Act of 1949 that said that from now on, no more racial discrimination in public housing. Couldn't segregate public housing anymore, had to be a non-discriminatory program. Of course, it was a cynical amendment he proposed. He didn't want public housing at all. But he planned that he and his fellow conservatives would vote for this amendment. They would be joined by Northern liberals who would also vote for the amendment. That would create a majority, a combination of northern liberals and conservative Republicans in favor of integration. And then when the full bill came up before the House of Congress, Houses of Congress, requiring an integrated public housing program, the conservatives would flip and vote against the final bill. They would be joined now by Southern Democrats, who were all in favor of segregated public housing, but not integrated public housing, so the entire bill would go down to defeat. So that was their poison pill strategy. Liberals had to decide what to do. Were they going to support the integration amendment, as many of them wanted? Not all, but many of them wanted to, understanding that if they did, there would be no public housing built because the full public housing program went [? down in ?] defeat. Or would they oppose the integration amendment to guarantee the continuation and vast expansion of public housing? It was a difficult, difficult decision. There was an enormous housing crisis, just as we have today. To solve the housing crisis, they were going to have to sacrifice integration. And which way were they going to go? Well, they debated for a while. And eventually, they decided, northern liberals decided to vote against the integration amendment. The leading liberal at the time in Congress was Paul Douglas, a senator from Illinois. He was joined by the leader of this faction, Mr. Civil Rights in the United States Senate, Hubert Humphrey, who had made a name for himself by insisting on a civil rights platform in the Democratic Party, a civil rights plank in the Democratic Party platform in the previous presidential election. Douglas got up on the floor of the Senate and made a speech along the following lines. He said, I want to say to my Negro friends that you'll be better off with segregated housing if this amendment is defeated than you will be with no housing at all if the amendment is passed. It was a difficult decision. In retrospect, although I'm not minimizing the difficulty of this decision, I'm not sure that we were better off, that anyone was better off by the vast reinforcement of racial segregation that took place as a result of the vast expansion of the Public Housing Act in 1949. As a result of that act, much of the public housing that was built in this country that we're all familiar with took place. Giant towers in many cities of the country, as some of you may recall up the Pruitt-Igoe Projects in St. Louis that became quite famous for their deteriorating state. It was actually not the Pruitt-Igoe Projects. There was no such thing. There were two projects. Pruitt was for African-Americans, Igoe was for whites. And very soon after all of these projects were built, a development occurred that was quite surprising to most observers and to housing officials, and that was that all the white projects suddenly developed large numbers of vacancies. The Igoe Project, virtually empty. The black-designated projects had long waiting lists. Even the most bigoted local public housing officials couldn't justify and sustain the situation where in the same city, some projects were virtually empty and others had long waiting lists. So in the beginning of the 1950s, late 1940s, all of the projects were opened up to African-Americans. Soon, public housing became in most cities a predominantly African-American institution. And about the same time, and then development occurred. Industry, remember, had to be located near deep water ports on the river or near railroad stations. Industry left the cities. No longer did it need to be located near rail terminals or ports. Highways were being built. They could get its parts and ship its final products by truck, so industry moved out of cities into rural areas and suburban areas. The result was that the people who are now living in the cities, public housing residents as well as others, increasingly African-American, no longer had access to good industrial jobs. They became poorer. Incomes declined. They can no longer pay the rent in public housing that they had been paying before. Public housing came to be subsidized. Once it came to be subsidized, government stopped investing in it, stopped maintaining it. The projects deteriorated. The housing crisis for poor people became so great that public housing officials decided that any middle-class people who were remaining in public housing should be evicted to make a place for the poor. And so we wound up concentrating poor people in public housing, and that's how we got the deteriorated concentrations of poverty and public housing that we know today. But that's not how public housing began, and that's not how it needs to be, if we think about its origins. Well, the question I want to address now is, why did all the vacancies occur in the white projects and not in the black projects? And that was because of another federal program that was perhaps even more powerful in creating racial segregation than the segregated public housing program. And that was a program of the Federal Housing Administration that was explicitly on a racially explicit basis designed to move white families out of urban areas into single family homes in the suburbs. It was a racially explicit program. And this is how the entire suburbanization of the country took place in the 1940s, and '50s, and early '60s. And you're familiar with this. All over the country, the suburbs were built at this time. The most famous of them, the one I talked about a lot in the book is Levittown, east of New York City. You've all heard of that, I assume. But maybe some of you remember hearing a song that Pete Seeger used to sing about the little boxes on the hillside made of ticky tacky, and they all look the same. That was another development that was just as large as Levittown that was south of San Francisco. Los Angeles became the symbol of suburbanization in the country. Communities like Panorama City, or Lakewood, or Westchester, west of Los Angeles, or all of these giant developments as well as many smaller ones, thousands of them in between, were created by the Federal Housing Administration for whites only on a racially explicit basis during this period. Take Levittown, for example, or Westlake, which is the name of the little boxes on the hillside, or any of the others I mentioned, Henry William Levitt, who was the builder of Levittown, or Henry Doelger, who was the builder of Westlake, could never have assembled the capital to build 15,000 homes, 17,000 homes in one place for which they had no buyers. No bank would be crazy enough to lend Levitt the money for that kind of a speculative venture. The only way that Levitt, and Doelger, and any of the other builders could have developed the capital to build these giant suburbs as well as smaller developers who built smaller subdivisions, the only way they could get the capital to do this was by getting the federal government to guarantee their bank loans. And they had to go to the Federal Housing Administration-- Levitt did, the other developers did-- submit their plans for the development, make a commitment to the Federal Housing Administration never to sell a home to an African-American. This was a condition of the federal guarantee. The Federal Housing Administration even required Levitt and these other builders to place a clause in the deed of every home prohibiting resale to African-Americans or rental to African-Americans. On that basis, Levitt got the bank guarantee he needed. He built 17,000 homes in one place, had buyers. He eventually got buyers and sold the homes, who had FHA mortgages, or VA mortgages, if they were returning war veterans. The mortgages were so favorable, on a 30-year amortization basis, that these families could pay less in their monthly housing charges than they had been paying for rent in public housing before they were subsidized to move into these developments. And this is how the suburbanization of the country occurred on an all-white basis. There were many returning war veterans, African-Americans, who could have afforded those homes. They were modest, inexpensive homes. Levittown, for example, and these other developments I've been talking about, were typically 750, 850 square feet. They sold at the time for $8,000, $9,000, $10,000 apiece. In today's inflation-adjusted dollars, that's about $100,000. Any working-class family can afford to buy a home for $100,000. That's about twice-- that's less than twice the national median income, with a 30-year amortized mortgage, and for returning war veterans, no down payment. But only whites were permitted to do so. African-Americans were required to continue living in urban areas, renting apartments, either in public housing or in the private sector. These homes that were purchased by white families with federal subsidy over the next couple of generations gained in value, as you all know. You can't buy a home in these suburbs today for $100,000. They now sell for $300,000, $400,000, $500,000, frequently much more, unaffordable to working-class families of any race, of either race, of six, seven times national median income now. The white families who were subsidized by the federal government on an explicitly racial basis to buy these homes gained, as these houses gained in value, equity, wealth from the appreciation of the value of their homes. They used that wealth to send their children to college, to weather medical emergencies, or maybe temporary unemployment bouts. They used it to subsidize their own retirements, and they used it to bequeath wealth to their children and grandchildren, who then had down payments for their own homes that otherwise would have been unaffordable to them. African-Americans, who are prohibited from participating in this racially explicit wealth generating program, continued to live in urban areas, as I say, in rented apartments. The result is that today, African-American incomes on average are about 60%, 60% of white incomes. There's a whole other story about government policy to create that income gap. I won't keep you here for another few hours telling you that story. It's a different lecture. African-American incomes as 60% of white incomes. African-American wealth is only 10% of white wealth. And whatever the reasons for the 60% ratio is, that enormous disparity between the 60% income ratio and the 10% wealth ratio is entirely attributable to unconstitutional federal housing policy that was practiced in the mid-20th century that we, all of us as American citizens, have an obligation to remedy, and we've never even attempted to remedy. It's not that we've tried to remedy racial segregation in neighborhoods and failed. We've never even tried. As I said, the civil rights movement abandoned the effort of desegregation at the end of the 1960s. Well, there were many, many other policies besides the two or the three that I focused on. One is the use of police-protected violence to drive African-Americans out of white neighborhoods, the use of public housing to create patterns of segregation, the Federal Housing Administration subsidization of white homeownership in suburban areas, many other policies in addition to those three that federal, state, and local governments utilized to create segregation or sometimes to reinforce informal segregation that already existed. It would have been so easy, so easy to have a different history. It would not have been difficult. Take the example of Levittown that I gave. What if the Federal Housing Administration had followed its constitutional responsibilities and said to Levitt, OK, we'll only guarantee your bank loans if you sell homes on a non-discriminatory basis. There were African-Americans who could have afforded to move into Levittown. I told one story in the book, in my book, about an African-American family that owned a trucking business that delivered the materials, sheet rock, to Levittown when it was being built, but they were prohibited from buying homes in the suburb that they were building. What if the federal government had said that? You can only sell homes, you can only have this bank guarantee if you sell on a non-discriminatory basis. There would have been some bigoted white families who said, I don't want to live in an integrated development. I won't buy a home. Levitt said if he had followed a non-discriminatory policy, if he'd been allowed to, he said no white families would move. That was crazy. That was nonsense. The reality is there was such an enormous housing shortage that for any white family who declined to move into an integrated development because they didn't want to have black neighbors, there were 10 waiting in line to take its place. And the same thing was true with the Public Housing that was built that I described earlier. If that had been done on an integrated basis, I don't think there would have been many families who would have refused to move into them. Remember, they were living in integrated neighborhoods before that, in many cases. But if there had, there would be many who wanted to take his place, because there was such an enormous housing shortage. So it would have been so easy to avoid the segregation that we have today. And the segregation we have today has enormous consequences. It's the underlying cause of so many of the social problems that we face in this country today. I began this talk by talking about the achievement gap in schools and why racial segregation is a major contributor to that achievement gap. It's an important contributor to the health disparities between African-Americans and whites, that African-Americans live in less healthy neighborhoods, have shorter life expectancies as a result, higher rates of heart disease. It's certainly a big cause of the violent confrontations between police and young men, which could not exist if we weren't concentrating the most disadvantaged young men in single neighborhoods without access to good jobs or even transportation to get to those jobs. And I think it also is the cause of the very dangerous political polarization that is threatening our very existence as a democracy in this country. The political polarization is not entirely racial. It attracts racial lines, as you all know. And how can we ever develop a common national identity if so many African-Americans and whites live so far distant from one another that they have no ability to empathize with each other, to understand each other's life experiences? So the price that we pay for this devil's bargain that we made, that Paul Douglas made, he may have had no choice, but the price we pay is enormous. Today, of course, as I began by saying, it's much more difficult to remedy this than it was to remedy the other forms of segregation that we addressed in the 20th century. The structures that we created, the segregated structures that we created, you can pile on top of those race-neutral policies that simply reinforce it. For example, we have a big program in this country to develop low-income housing, affordable housing. We have another enormous housing crisis today, just like Paul Douglas faced. It's much easier to build affordable housing even if it's race-neutral on its face in low-income segregated neighborhoods, and so that's what we do. We reinforce segregation by building low-income affordable housing primarily where it's easiest to build, where developers don't have to hold a hundred community meetings explaining to neighbors why they're bringing black and brown people into your neighborhood. Lands is cheaper there. It's easier to rent apartments in segregated neighborhoods, because there are lots of low-income people who can walk by and see a sign in the window. If you put those developments in a middle-class neighborhood, it's harder to rent. You have to advertise them. So it's much easier to take the shortcut and reinforce segregation by continuing policies that while today, race-neutral, reinforce the segregation of the past. There are many, many other policies that we could follow if we were intent on creating desegregation. For example, we should be, as a remedy to the wealth gap that we created as a result of these explicit racial policies, we should be subsidizing qualified African-Americans to buy homes that are otherwise unaffordable to them in higher opportunity neighborhoods. That would be a narrowly crafted remedy to a specific constitutional violation, and in light of the history I described, would have to be upheld by the courts. So the policies to remedy this are easy. What's not easy is developing the political will, the new civil rights movement that's necessary to address it. And the reason that my advanced years on running around the country talking about this is I want to encourage you to think about a new civil rights movement in which you can participate that will begin to raise awareness of this issue and address the remedy that we, all of us as American citizens, have an obligation to embrace. So I think we have time for questions, do we? And thank you. [APPLAUSE]
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Channel: Brown University
Views: 36,660
Rating: 4.8374834 out of 5
Keywords: brown, brown u, brown university, brown providence, providence, rhode island, ivy league, brown university youtube, brown u youtube, richard rothstein, robert self, csrea
Id: r9UqnQC7jY4
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Length: 49min 23sec (2963 seconds)
Published: Tue Feb 12 2019
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