A Raisin in The Sun - Litigation

Litigation

All experiences in this play echo a lawsuit (Hansberry v. Lee, 311 U.S. 32 (1940)), to which the Hansberry family was a party when they fought to have their day in court because a previous class action about racially motivated restrictive covenants (Burke v. Kleiman, 277 Ill. App. 519 (1934)) was similar to the case at hand. This case was held prior to the passage of the Fair Housing Act, which prohibits discrimination in housing and created the Office of Fair Housing and Equal Opportunity. The Hansberrys won their right to be heard as a matter of due process of law in relation to the Fourteenth Amendment to the United States Constitution. The Supreme Court held that the Hansberry defendants were not bound by the Burke decision because the class of defendants in the respective cases had conflicting goals, and thus could not be considered to be the same class.

Interestingly, the plaintiff in the first action was Olive Ida Burke, who brought the suit on behalf of the property owner's association to enforce the racial restriction in 1934. Her husband, James Burke, was the person who sold the property to Carl Hansberry (Lorraine's father) when he changed his mind about the validity of the covenant. Mr. Burke's decision may have been motivated by the changing demographics of the neighborhood, but it was also influenced by the Depression. The demand for houses was so low among white buyers that Mr. Hansberry may have been the only prospective purchaser available.

Lorraine reflects upon the litigation in her book To Be Young, Gifted, and Black:

"25 years ago, spent a small personal fortune, his considerable talents, and many years of his life fighting, in association with NAACP attorneys, Chicago’s ‘restrictive covenants’ in one of this nation's ugliest ghettos. That fight also required our family to occupy disputed property in a hellishly hostile ‘white neighborhood’ in which literally howling mobs surrounded our house… My memories of this ‘correct’ way of fighting white supremacy in America include being spat at, cursed and pummeled in the daily trek to and from school. And I also remember my desperate and courageous mother, patrolling our household all night with a loaded German Luger (pistol), doggedly guarding her four children, while my father fought the respectable part of the battle in the Washington court."

The Hansberry house, the red brick three-flat at 6140 S. Rhodes in Washington Park which they bought in 1937, was given landmark status by the Chicago City Council's Committee on Historical Landmarks Preservation in 2010.