Par for the Course

The lawsuit scheme is in action hundreds of times a day, every day and is encouraged and paid for by the Feds. Granted, this one is more bizarre than usual and probably was done without prior Federal approval, but I’d be willing to bet the techniques and tactics were learned while vetting “public accommodations” for compliance with ADA or fair housing. Our-crazy-legal-system.

Ask any realtor, property manager, rental agent or manager of a business to which the public has substantial access. Each is under scrutiny by private individual or groups out to show non-compliance. In real estate the holy grail is steering, telling a minority member that there are no apartments available or directing the minority member to an alternate location. If the realtor falls into the trap, then the minority files a complaint alleging housing discrimination. The infraction, in Texas, is investigated by the Texas Workforce Commission as an administrative violation.

If TWC finds that a violation occurred, then they can initiate an administrative action against the realtor. The realtor can appeal the TWC action. Many individuals caught in this situation feel that the fine, legal defense and time away for the hearing is just the cost of doing business and will pay the fine. A portion of the fine then goes back to the original complainant.

These complainants are for all intents and purposes, professional race baiters. The other variation on the same theme is to find a disabled person and drag him/her about town to spots they would never go to on the own. The goal is to find locations that do not comply with the Americans With Disability Act (ADA). Once a violation, then an administrative complaint is filed the system repeats.

The fact that the Movie theater complaint eventually made it to court is no indication of how egregious the violation is. If anything the court filing indicates how profitable the complainants believe the violation will be in the future. An out-of-court settlement for an undisclosed sum and a non-disclosure agreement could render the whole argument moot.

You know, I think I might have a case. Every time an Italian surnamed individual suggests compensation to correct a societal shortcoming, a whole bunch of FBI and U.S. Attorney’s crawl out of the woodwork yelling extortion and RICO. I believe they are discriminating.