Here’s something that probably won’t surprise you:
[T]hat racist intent is difficult to prove does not mean that discrimination does not exist. According to a study conducted on behalf of the U.S. Department of Housing and Urban Development, African Americans and Asians who are looking for a new home are shown or informed of 15 to 19 percent fewer listings than white homebuyers with similar credit and housing interests. Similarly, African Americans with good credit were 3.5 times as likely as whites with similar credit to receive higher-interest-rate loans during the subprime lending boom. Latinos were 3.1 more likely than whites to receive the same loans. The Federal Reserve determined in 2009 that African Americans were twice as likely to be denied a loan as similarly situated whites.
That’s the sort of thing, and I hope you don’t mind, that led us to pass the Fair Housing Act almost 50 years ago. Obviously, that law doesn’t do the entire job or the discrepancies in the above figures wouldn’t exist, but they’re a lot better than they once were — or could be now.
So this may surprise you. Housing discrimination without effective judicial deterrent may be coming back into style. DC Court of Appeals Judge Richard Leon recently wrote an opinion that would pull the guts out of the nation’s housing discrimination law — and the Supreme Court looks likely to approve his views over those of the 11 Circuits that have adopted the opposing view.
According to nearly every single federal appeals court in the country, the federal Fair Housing Act prohibits two forms of discrimination: “disparate treatment,” which can be proved by showing that a realtor, landlord or lender engaged in intentional discrimination, and “disparate impact,” which can be proved when a business’ policy leads to disproportionately adverse outcomes for racial minorities or for another protected class of people. As Judge Leon’s opinion acknowledges, 11 of the 12 federal appeals courts that have jurisdiction over fair housing claims have held that the law authorizes both disparate treatment and disparate impact lawsuits. The twelfth appeals court, the United States Court of Appeals for the District of Columbia Circuit, has not considered whether disparate impact lawsuits are permitted under federal fair housing law.
Without disparate impact suits, discrimination cases become extraordinarily difficult to win. Fair housing plaintiffs and their lawyers are rarely gifted with the ability to read minds, and few defendants are foolish enough to put in writing the fact that they chose not to rent or sell a house to someone because they are black. So disparate treatment lawsuits often fail for a lack of evidence that a particular defendant had a racist intent (or some other impermissible intent) when they decided not to do business with the plaintiff.
Making it easier to get away with racial discrimination (among other sorts) is not progress. Am I overestimating Orange County to think that we’d overwhelming think that this is wrong?
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This week’s Vern video: Chopin’s Third Ballade. This is the piece that Vern often will play when someone says “Do your favorite piece” … if he’s in a good enough mood…
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This is your Weekend Open Thread. Talk about that, or whatever else you’d like, within reasonable bounds of decency and decorum.
Jorge Ramos, the Univision news anchor, accepting the 2014 International Press Freedom Awards:
“The best of journalism happens when we take a stand: when we question those who are in power, when we confront the politicians who abuse their authority, when we denounce an injustice,” Ramos said before a packed ballroom at the Waldorf Astoria in New York City. “The best of journalism happens when we side with the victims, with the most vulnerable, with those who have no rights. The best of journalism happens when we, purposely, stop pretending that we are neutral and recognize that we have a moral obligation to tell truth to power.”
http://www.huffingtonpost.com/2014/11/26/jorge-ramos-cpj-press-freedom-burton-benjamin-memorial-award_n_6225122.html
was just watching the news and saw the first lady accept the white house christmas tree. she came out with her two daughters and their two dogs. i understand genetics and thus accept the fact that the two girls are black..but to have two black dogs in this time of racial tension seems a little politically incorrect. they should have at least one white dog.
And why’d it have to be a white house.
Hat-tip to Commander Barragan: Nazis duped into marching AGAINST Nazis…
“On November 15th, neo-Nazis walked through the streets of Wunsiedel. We could not stop them – but we could make them walk for something meaningful: and that is how for the first time a right-wing memorial march became a charity walk – without knowing of the participants. For every meter they walked, €10 went to EXIT-Deutschland – a Nazi opt-out programme. The result: €10.000 and lots of surprised right-wing extremists. But we believe there is more to come. With your support. Engage against neo-Nazis – in everyday life, online or with a donation. http://www.rechtsgegenrechts.de”
From MoveOn:
On Black Friday, the largest shopping day of the year, Walmart workers have announced a massive one-day strike to demand better wages and reasonable pay.
This. Is. Huge.
For years, Walmart has paid wages so low that employees are forced to survive on food stamps.1 The company has also been incredibly anti-union.2 Many of the workers who participate in the walkout will lose wages. Some may get fired.
So to help make sure they have the resources to win, we’re aiming to raise $100,000 before Friday’s strike.
We’ll contribute some of the money to the Walmart workers’ strike fund to make sure people who take part in the strike can still put food on the table for their families. We’ll use the rest for organizing for workers’ rights and social justice around the country. Can you chip in $3?
Yes, I’ll chip in to stand with Walmart workers this Black Friday.
Let’s face it. There’s only one reason Walmart pays such low wages: Greed.
Walmart makes $16 billion a year in profits, and the Walton family is worth more than $150 billion, making them the richest family in America.3 And yet Walmart pays the majority of their associates less than $25,000 a year.4
There’s another reason why this fight is so important. Walmart is the largest private employer in the world, and any concessions it makes will have a massive ripple effect across the economy.
So here’s the plan: First, MoveOn is using our huge online membership to help recruit people for the Walmart protests this Friday, and elevate their stories through petitions.
And we’ll make a donation to the Walmart strike fund to make sure these workers don’t have to go hungry just because they stood up for their rights.
Will you chip in $3?
Yes, I’ll chip in to stand with Walmart workers this Black Friday.
https://civ.moveon.org/contrib/walmart_strike.html?bg_id=hpc3&id=105163-1371258-NaQulJx&t=115
Ricardo wanted this up for you-all to watch:
there were no protesters or boycotts at fashion island
St. Louis police group demands punishment for Rams players in Ferguson protest
http://www.foxnews.com/us/2014/12/01/st-louis-police-group-demands-punishment-for-rams-players-in-ferguson-protest/
Punishment like shooting them all in the head while they have their hands up?
The injury of what happened to Mike Brown is much worse than the insult of these cops trying to suppress the right to complain about it, but the insult is still pretty awful.
Unfortunately the police demand more and more respect (compliance) as they show less and less respect for the people who pay their salaries and pensions.
These players absolutely do not have a “right” to comport themselves in a manner which breaches their contractual agreement and NFL rules.
Sure they do — they just may have to pay a penalty for doing so. That’s how breach of contract works. It’s not slavery — sorry if that disappoints you.
As to whether it DOES breach their contractual agreement and whether it DOES breach NFL rules and whether the NFL WOULD try to stifle or punish their actions — well, it’s not clear whether Roger Goodell is or is not dumber than a squid, but I guess that we’re going to find out.
“Sure they do ..”
Okay … how would you go about legally enforcing this so-called “right” in this instance Diamond?
In court.
Diamond says: “In court.”
Based on what enumerated right? And it can’t be freedom of speech – because we all know that that applies only to government restriction of speech.
You are apparently under the impression that the only basis for taking someone to court is violation of an enumerated Constitutional right. This is so far from the truth — and something that you should already know — that I’m not going to do the work of carrying you from where you are to where you need to be. I suggest that you educate yourself.
I know that you can take someone to court for any stupid reason – yours would fit that criteria – doesn’t mean you are going to win.
Seriously, do you think that the only possible case that the Rams players would potentially have against their team if they were punished for their actions would be based on a violation of the bare enumerated right to free speech in the First Amendment?
Really, it’s not worth arguing with you, but other sorts of claims could involve statutory and contractual claims. What you said is just bizarre — except that it’s how you apparently really think. And this “any stupid reason” statement that you make is just your vomiting up words without any understanding of what they mean or any basis to think that they apply — which you can do because you have no intellectual reputation to lose. When you get proven to be a dolt, you just move on to the next bogus claim. Must be nice to be you, except for the deadened soul part.
Happy Monday my dear Skally. I see you, like me, are quite hypocritical in your opinions.
I remember that you supported the kids disrupting Santa Ana council meetings with the “Fuck the Police” and “Fuck the Pulido” mantra and now you are upset at these Rams players exercising their free speech with this silent gesture.
I love that you have no shame in being so blatantly hypocritical. You’re a man after my own heart.
Matt and I missed you the other night. Let’s get that Old Fashioned soon buddy.
Please explain the fixation on Old Fashioneds, and some guy called Matt. I am missing something here.
Well I say Old Fashioneds only because that sounds more masculine than saying what we really drink which are Cosmopolitan’s. Matt and I are Sex and the City junkies and drink what all the girls on the show drink.
If you don’t know who Matt is, you must be new to the blogs. He and I are the two most important and influential bloggers in the county. Jordan Brandman looks up to us both.
I gotta go. Lorrie G. is waiting for that next mattress shipment and she gets really angry if I keep her waiting for her coffee or mattresses.
Mr. Stalker I sort of understand why a tough-talking guy like you would hide the fact that he likes girly drinks.
Now what is this fixation on mattresses? This really seems a bit creepy if you want to know the truth. At least they are new mattresses, right?
Oh Mr. Zenger it’s not just talk. You should see me perform at bootcamp in Tustin. I can do 1 1/2 push ups on my knees now.
Don’t you know about all my philanthropic giving? You must not read my award winning writings. I’m constantly bragging about all my charitable and political donations.
Of course they aren’t new. Matt and I take them for a test drive before I hand them over to my darling Lorrie.
Mr. Stalker, that is sick. I now suspect that you are not a nice human being. In fact your propensity to revel in the misfortune of others leads me to believe that you were severely bullied as a uncoordinated, and odd child and now you seek out the weakest to prey upon. Shame on you
I’m a wonderful guy, you must not have read anything I’ve written. I constantly self promote all my generosity in the community. I’m a real community hero in Northwood.
I was bullied as a youth but now that I have my own blog I’m the bully. That’s why Matt and I are so close. It’s as if we were separated at birth.
Mr. Stalker, aren’t you the least bit curious where all that Eli Home money goes? I mean, jeez, all that fund raising plus a half million from the Feds every year.
And please explain about those “awards” you got. I am very curious to lean more all about that.
Some silly award that you nominate yourself for, I’ve always been too proud and busy to bother with it.
Mr. Zenger, my little pudding pie Lorrie would never do anything but help the children with all that money. Eli Home is my favorite charity and I make no bones about it. How dare you insinuate that something is amiss there, what with all those mattresses I’ve donated and such.
Don’t be so naive sir, surely you’ve heard all about our OC Press Club award. Real journalists recognize quality when they see it.
The OC Press Club? isn’t that the organization made up of former “journalists” who are now employed as spokesholes for various government agencies they used to fawn over?
Mr. Stalker, your obsession with mattresses and Ms. Galloway are really starting to become alarming and stalkerish. I suggest a long holiday.
And then there’s this: the guy behind this attack on the players was fired for being a crooked cop.
Ram players 1 – Ferguson Police Chief 0……that’s a ZERO for those who don’t get it.
Meanwhile, wasn’t this story originally about Rent Control in the OC? Hey, that’s a lot
like Affordable Housing in Newport Beach.
first, we have all sorts of affordable housing in Newport, its just that some people cannot afford it and have to live in Stanton
second, the nfl, like the nba nad major league baseball, control everything about what the players do, from which socks to wear to which charities to support. I am sure that there is a good conduct clause which they have violated but
third, who cares what a couple of idiot second stringers do. read charles barkley’s comments from the other day. I would argue that more blacks agree with him than with the reverend al
That would raise the factual question of whether this conduct violated the “good conduct clause.” I’d love to see the NFL argue that one.
I could check out what Chas Barkley has to say about race relations — or I could go back and reread Bill Cosby’s book “Parenthood.” Hard call.
not only is charles a better rebounder, i think that he has, over the years, been more honest and less hypocritical
From a Santa Ana citizen:
Honorable Mayor & Council,
I am deeply disturbed that this evening a group will be holding an assembly at Nelson Sasscer Park and have resorted to calling it Black Panther Park. Some background –
Officer Nelson Sasscer served the residents of Santa Ana for 18 months as an officer with SAPD before he was ambushed, shot and murdered by two members of the Black Panthers. The killers were caught, sentenced to prison and released in 1977 on parole.
This group has also chosen to use the Seal of the City of Santa Ana on their announcement. I am hopeful that the City of Santa Ana and the SAPD will take appropriate action with regards to this clear obfuscation of facts, distortion of truth and disrespect to those who serve and protect us.
From skallywag: That is some sick – sick shit.
Measure J story taken down for now; SOS site says they have until Dec. 5, not Dec. 2.
That’s good because the story isn’t quite over.
Hillary: America Needs to Empathize with Our Enemies
We need to empathize with people before they become our enemies. Could save trillions.
yea .. just like Chamberlain empathized with Hitler before he became our enemy. You are a moron Zenger.
Empathy isn’t appeasement. Your analogy is wrong. I could call you a damned fool and an ignoramus but that would be resorting to petty name calling.
I don’t want to empathize with them – I want to kill them until they stop wanting to kill us – then I will consider empathy.
cough Godwin
Godwin’s law itself can be abused as a distraction, diversion or even as censorship, fallaciously miscasting an opponent’s argument as hyperbole when the comparisons made by the argument are actually appropriate.
They want us DEAD Zenger – there is no fucking empathy with that.
Man, you really are ignorant. The vulgarity just makes it more evident.
You really must pardon Skally. For him, every issue MUST be seen in the most simplistic terms. Everything is black and white.
Must suck to live in a world with no subtlety.
Yeah, but he understood my first comment even though he botched the analogy.
In his second comment he infers that I said something I didn’t. That’s either very dumb or very disingenuous. I can forgive somebody for being dumb but not for a deliberate mischaracterization of what I wrote. So the pardon’s on hold.
Implies, brother, not infers. Sorry just a pet peeve… Carry on
Quite correct. Sorry. Some day we should a post on literary and political pet peeves:
“spot on”
“kudos”
“bully pulpit”
etc.
“came across my *&%#@#*% TRANSOM.”
No, you were right when you wrote it. It is not actually correct to say that the writer “implies” something if he or she doesn’t do so; sometimes all you can say is that you can fairly infer that the writer makes a faulty implicit inference. It’s the difference between “the writer implies” and “the writer’s argument (possibly without his realizing the faulty inference he or she made) implies.”
Strenuously disagree. Whatever it was that Skally implied Zenger said, if Zenger says Skally “inferred” it, he is either presuming to read Skally’s mind, OR giving Skally the benefit of the doubt for not being disingenuous, which I would never do for Skally.
Now I’ve forgotten. What was it Skally implied or inferred about Zenger? Does it come down to that?
I do not read that mind. I do not read comic books, either.
I don’t see where I either implied or inferred anything into what the Zing man said.
It’s not “mind-reading,” Vern, it’s inferring the basis for another’s actions from observable evidence. It’s garden variety social cognition. There’s nothing spooky about that, except that it’s skally we’re talking about.
I think we’re off track.
Zenger accidentally said that Skally “inferred” that Zenger said something. Zenger doesn’t really know what Skally inferred (in fact he can only infer what Skally inferred.) Zenger knows what Skally IMPLIED Zenger said. (Or even, Zenger knows what Skally implied Zenger IMPLIED!)
I would have added the word “apparently” before “inferred,” but I almost always add the word “apparently” to things, apparently.
Young Greg Diamond’s first brush with fame:
You nailed it Vern – awesome!
Apparently, they didn’t put me on the news when I was his age because apparently I had already been on live TV before. But I salute my comrade in phrasal adverbs!
Special to skally: apparently, there is a new Weekend Open Thread up, which you’d have had to look for, perspicaciously.
I want them dead – like this will do –
https://m.youtube.com/watch?v=J77FxDe9st0
Something’s wrong with your video.
No, the more radical ones would like us to convert to become conservative Muslims. You can certainly empathize with that, as you would like them to convert to become conservative Christians.
No! Empathy leads to appeasement. You don’t go down that road with people who expressly want you wiped off the face of the earth – right Diamond …. ?
You’re confusing empathy with sympathy.
For sure. Wasn’t Lao Tzu’s first rule “Know your enemy?” Same thing. Understand where they’re coming from, what they’re thinking, why they do what they do.
And Zenger’s also right that if we got a head start on understanding some of them BEFORE they became our enemy … what a WIN-WIN. Unless you’re someone who’s making money from war, or getting your rocks off that way.
I submit the possibility that Brown had his hands up – no higher than the level of his head – in a crazed and futile attempt to protect himself from bullets (people who know they are going to be shot do that) – as he was simultaneously bull-charging the officer.
I will submit further that many in the minority community are feed-up with being held in societies War on Poverty plantation and don’t see any way out – so they lash out.