mardi 15 décembre 2009

"Caucasian Clause" in Sample Deed on Myers Park Homeowners' Assn. Website, Sparks Controversy, NAACP Seeking Financial Settlement

The NAACP is riled up and ready to fight the Myers Park Homeowners Association in Charlotte, N.C., over a discriminatory deed restriction published on its website. The NAACP filed a complaint in 2007, against the association for posting a sample deed that included an old clause specifying that "people of the Caucasian race only" could live or own a home in the Myers Park subdivision. This dispute could end up in court if the two sides can't reach an agreement. A complaint was filed with the Charlotte-Mecklenburg Community Relations Committee, which investigates any claims of housing discrimination. The committee ruled last week that the association was responsible for publishing a discriminatory statement.

According to the Charlotte Observer, the settlement could include a financial payment that some have estimated could reach $50,000 within 30 days. Er, what's the financial payment to the NAACP for? Well, it should be noted that the deed was removed from the website a year ago, but the NAACP is seeking penalties that could include the financial payment. To be fair, the committee that investigated the matter told them two sides to negotiate a settlement. Some may call this a shakedown on the part of the NAACP, but the people who deserve the payment would be residents in the subdivision who are not Caucasian, not the local branch of the NAACP.

What really stuck a nerve for me were the comments from Rev. William Barber, president of the state NAACP. According to the Charlotte Observer, he said on the matter of penalties, "It's kind of like being caught speeding. You can't just slow down - you've got to pay the fine." Barber also said that the NAACP is ready to "go to the mat" on this "Jim Crow activity," but didn't say exactly what the group is seeking. So, it's all about the money in the coffers of the NAACP, right? Barber said an initial settlement proposal made by the NAACP sought thousands of dollars in payments to the local branch, but that was no longer on the table.

The NAACP maintains that the action of the Myers Park Homeowners' Association shows that the association's recent publication of the deed restriction discouraged blacks from trying to buy houses in Myers Park. Really? I seriously doubt many potential homebuyers to this subdivision took the time to visit the homeowners' association website to read this sample deed.

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