Upcoming Events
Student Leadership Forum November 16, 2013
More Details
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 info@eraseracismny.org
Phone: (516)-921-4863
Fax: (516)-921-4866
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President's Message
Do you sometimes turn off the radio or TV or your electronic devices because you don't want to hear more bad news? In this edition of EMERGE you will find that the glass is half full. Even when faced with serious challenges to creating greater racial equity, there is good news.
At ERASE Racism, we know all too well about ongoing housing discrimination on Long Island. When we found that an Apartment for Rent Sign did not apply to African Americans in a Mineola rental property we decided to fight back by filing a lawsuit in August. Below you will read about our new Legal Action Fund and a list of its generous donors.
Also following is an article written by our staff attorney, Jennifer Simcovitch, discussing the various means available to challenge discriminatory housing practices. Of course, the repeated challenges to one of these means--the disparate impact cause of action--is gravely disappointing. However, we need to celebrate each time there is a settlement or a decision upholding this provision. While challenges to disparate impact persist, it remains a vital tool for fair housing enforcement.
In the Other News section you will read about Mount Holly v. Mount Holly Gardens Citizens in Action, a recently settled case that involved the question of whether disparate impact claims are available under the Fair Housing Act. With this settlement the disparate impact cause of action lives to see another day.
Some Supreme Court decisions in recent years on matters of civil rights have definitely not been good news, such as the gutting of the Voting Rights Act. What is definitely good news, however, is that on October 9th some members of our College of Advisors, Board of Directors and supporters took the time to attend a forum and learn about these important decisions. Below we have links to summaries for each of the Supreme Court Cases discussed during the forum.
On November 16th some 100 students will gather, voluntarily, for ERASE Racism's full day Student Leadership Forum. Below you will read about one student's experience and how it inspired her to organize a fundraiser for ERASE Racism.
Warm regards,
Elaine Gross
President
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Civil Rights Forum at Touro Law Center
 On October 9, 2013 ERASE Racism hosted a Civil Rights Forum at the Touro Law Center. In attendance were members of the ERASE Racism Board of Directors, College of Advisors and supporters. The presentations and discussion focused on recent Supreme Court decisions focused on voting rights, affirmative action in higher education, employment discrimination and marriage equality. In addition to Elaine Gross, president of ERASE Racism, speakers included Douglas Scherer, Professor of Law and Director of the Legal Education Access Program at Touro Law Center, Howard Glickstein, Dean Emeritus at Touro Law Center and Christina Vargas, Affirmative Action Officer at Suffolk County Community College. Click on the case names that follow to view a summary of pertinent Supreme Court cases: Shelby County v. Holder (voting rights), Fisher v. University of Texas,(affirmative action in higher education), Ricci v. DeStefano (employment discrimination) and United States v. Windsor and Hollingsworth v. Perry (marriage equality). |
An Introduction to Fair Housing Enforcement
The Fair Housing Act ("FHA") was first enacted in 1968 and prohibited discrimination in housing on the basis of race, color, religion, sex, and national origin. In subsequent amendments in 1988, discrimination on the basis of familial status and disability were also prohibited. The FHA makes it illegal to discriminate in the sale or rental of housing, in residential real estate transactions, and in the provision of brokerage services because of membership in any of the above protected groups. Currently, a policy or practice may be challenged if it is motivated by discriminatory intent (disparate treatment) or if it produces a discriminatory impact (disparate impact). The availability of the disparate impact cause of action provides a mechanism for challenging both neutral policies that have a disproportionate effect on a protected group and policies where a discriminatory motive may be difficult to prove. As municipalities, building owners, and other actors have become more adept at masking their discriminatory intent, the disparate impact cause of action has become more vital. Though Courts of Appeals and HUD have consistently interpreted the FHA to allow for disparate impact claims, the disparate impact cause of action has been repeatedly challenged. To read more about this subject, see the full article.
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As discussed in previous editions of EMERGE, ERASE Racism is expanding its toolkit to fight racial discrimination and segregation and create greater racial equity with the addition of legal action strategies. To help carry out this work, in August we mailed a special appeal to individuals who have made financial contributions to us in the past. We were grateful to see that past donors were willing to make additional contributions to ERASE Racism's new Legal Action Fund.
ERASE Racism would like to acknowledge our Legal Action Fund donors: Donna & Doug Aloise, Arma E. Andon, Fred & Barbara Bornstein, Melanie Bush, Community Church of Syosset, Donald DeKenipp, Mr. & Mrs. Steven A. Fangmann, Howard Glickstein, Dr. Veronica Henry, Barbara Marion Horn, Ed & Margaret Ingles, Angela & Scott Jaggar, Dr. Faroque Khan, Mr. & Mrs. Howard B. Kimmel, Lilo & Gerard Leeds, Amy M. Leftenant, Jacqui Lofaro, Ann M. Mallouk, Joseph A. McNeil, Suzanne Michael,Phd., Geraldine Mitchell, The New York Community Trust F. Jackson Fund, Marilyn Oser, Robert M. Pascucci, Marilyn M. Rodahan, Marge & Peter Rogatz, Patricia E. Salkin, Joan R. Saltzman, Robert A. Scott, Jane & Marty Schwartz, Joan E. Skelly, Dr. Eustace G. Thompson, Diana Weaving and an Anonymous Donor. Thank you so much. Your support is critical to our mission. We deeply appreciate your contributions!
Anyone can make a contribution to the Legal Action Fund today via this link. Please be sure to type "Legal Action Fund" on the "Please Direct My Donation To" line. Thank you again!
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Former Student Leadership Forum Participant Helps Spearhead Fundraiser for ERASE Racism!
On Sunday, October 6th, 2013, Lauren Gray, 19, a sophomore at Sarah Lawrence College and former Student Leadership participant, along with her extended family, Michael Gray-16, Hanna Daempfle-15, Emily Daempfle-14, Max Von Bartheld-12, Jaime Von Bartheld-10 and
Jeni Von Bartheld-8, along with two friends-Kaitlyn O'Hare and Alexa Gozen, hosted a fundraiser for ERASE Racism at the Sea Cliff Mini Mart. The group raised $250 for the organization's Student Leadership Forums.
Lauren attended the 2009 Erase Racism Student Leadership Workshop as a 9th grader at the Waldorf School where she learned about racial discrimination and raising awareness to make change.
Inspired by her workshop experience, according to Lauren, "We recently set up a booth at a local street fair, where we printed up signage, posters and handouts all talking about the organization Erase Racism. We made about 150 different pieces of jewelry, which people received after making a five dollar donation to the cause. The people that donated were enticed to see a group of young white kids, in a predominately white neighborhood, talking about how racism needed to be ended. Reactions were widespread: some people were drawn into conversations by the signs, while others shrugged off saying things like "racism doesn't exist" or "I'm not done with being racist yet". While those individuals didn't donate to the cause, they did give a concrete example to some of my younger cousins of how important the fight against racism still is." Read more about Lauren in our Donor Spotlight.
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In Other News
Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc.
On Wednesday, November 6th, 2013, the Township Council of Mt. Holly, New Jersey is set to vote on a proposed settlement in the decade-long litigation involving the redevelopment of the Mt. Holly Gardens neighborhood. The case involved the 2002 decision to redevelop the neighborhood in order to build new homes and shopping. Citizens in Action sued to stop the redevelopment, arguing that the plan had a disparate impact on the neighborhood's African American and Hispanic low-income residents who would be forced out of the neighborhood and unable to afford the new housing set to be built. The Supreme Court had been set to hear oral arguments in the case on December 4th, 2013 on the issue of whether disparate impact claims are available under the Fair Housing Act ("FHA"). Though all Courts of Appeals to have considered this issue have determined that such claims are available and the United States Department of Housing and Urban Development has issued guidance interpreting the FHA to allow such claims, there was widespread concern that the Supreme Court would hold that disparate impact claims are not available under the FHA.
On October 31st, 2013, it was reported that the parties to the case had reached a tentative settlement which would allow many of the residents to remain in the neighborhood. In addition, the settlement would guarantee that disparate impact claims under the FHA, a vital tool for fair housing enforcement, would live to see another day.
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