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Myrtle Beach Race Discrimination Cases Filed

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Myrtle Beach Race Discrimination Cases Filed WASHINGTON LAWYERS’ COMMITTEE UPDATE VOL. 9, NO. 1 FOR CIVIL RIGHTS AND URBAN AFFAIRS SPRING 2003 Former Residents Sue Winarsky, Sky Properties In March 2003, the Fair Housing Project filed Dalle, et al. v. Winarsky, a Fair Housing Act case against Winarsky and Sky Properties, in the federal district court for the District of Maryland. The case involves three Photo credit: Chris Buonocore, Morgan Lewis, Applications Support Group African-American former residents of an apartment building in Committee Fair Housing Project Director Reed N. Colfax, at podium, announces filings of Myrtle Beach race discrimination cases at May 20 press conference. Front Takoma Park owned and man- row L/R: Plaintiffs Craig Williams; Washica Little; Michael Little; and the Reverend aged by Lewis Winarsky of Sky H. H. Singleton, President of NAACP Conway, SC Branch. Back row: Attorney Paul Properties. The complaint filed Hurst, Steptoe & Johnson. with the Equal Rights Center asserts that when Winarsky bought Myrtle Beach Race their building every unit was occupied by blacks, but that within Discrimination Cases Filed months Winarsky had evicted all of the blacks except one and re- On May 20, 2003, the Washington Lawyers’ Committee leased the apartments to whites. along with six law firms filed complaints alleging widespread race The one remaining black lived in a discrimination in Myrtle Beach, South Carolina, by restaurants, a downstairs unit accessible only hotel, and the police during an annual event attended primarily by through a side-door entrance. African Americans. Each year in May, two large motorcycle rallies are held in the Myrtle Beach area. In mid-May, hundreds of thou- When asked why he sands of predominately white Harley Davidson riders come to Myrtle evicted all the blacks, Winarsky Beach for “Harley Week.” The Myrtle Beach government, business, stated that they were late in their and community leaders welcome the Harley riders with promotions, continued on page 4 specials, and discounts to encourage attendance during Harley Week. A week later over the Memorial Day Weekend, a similar number of Inside this issue ... black motorcyclists attend a similar Black Bike Week rally in the Major Settlements .............. 3, 5, 6, 7 Myrtle Beach area. Restaurants with “Welcome Bikers” signs out New Cases .......................... 3, 4, 5, 6 continued on page 6 Arrivals ............................................9 WASHINGTON LAWYERS’ COMMITTEE Johnson and former colleague at number of firms, such as Sidley & Corner the Justice Department, to serve Austin and Kirkland & Ellis, are as our Committee’s first Chair. providing to Parents United for the John’s outstanding leadership D.C. Public Schools. brought together the distinguished group of bar leaders and law firms As the Committee pre- that to this day are among the pares to celebrate its 35th Anni- Rod Boggs Committee’s greatest assets. This versary, we wish to thank all of the initial group of founders defined firms and individual volunteers Director’s the Committee’s mission to who have contributed so much to encompass not just issues of race, our organization’s programs over but also poverty and other forms the years. We invite all who share The publication of this of discrimination. our goals to join us in the work Update coincides with the cel- that remains to be done. ebration of the Washington This issue of the Update Lawyers’ Committee’s 35th illustrates both the breadth and Anniversary. It thus provides a depth of the Committee programs good opportunity to reflect on the that the founders’ vision has Contributors Committee’s evolving mission and produced. Of particular note are some of the individuals who were the combined efforts of Steptoe & Nearly 100 firms and over 300 individuals contributed to the present at the Committee’s Johnson; Morgan, Lewis & Washington Lawyers’ Committee’s creation. Bockius; and Patton, Boggs to 2002 funding drive. In addition, the join the NAACP in a series of Committee thanks the following No two individuals cases challenging discrimination corporations, foundations and other deserve more recognition for their faced by African-American organizations for their contributions contributions than Judge Louis F. motorcyclists in Myrtle Beach, and commitments: Oberdorfer and John Nolan. It South Carolina. The Myrtle was Judge Oberdorfer’s inspired Beach cases illustrate the • Black Entertainment Television, Inc. vision in 1968, while a partner at Committee’s special ability to • The Morris and Gwendolyn Cafritz Wilmer, Cutler & Pickering and supplement the resources of small Foundation Co-Chair of the National Law- firms to level the playing field for • Chartered Health Plan, Inc. yers’ Committee for Civil Rights, plaintiffs in large, complex civil • D.C. Bar Foundation that led to the formation of the rights cases. • Fannie Mae Foundation Washington Committee. The • Freddie Mac Foundation Washington Committee was to be The growing scope of the • Georgetown University Law Center – part of a national effort to mobilize Committee’s work is also seen in Women’s Law and Public Policy Fellowship Program leading lawyers in urban centers the decision of three new firms— • Kiplinger Foundation across the country to address Winston & Strawn; Bracewell & • Anthony Lucas-Spindletop issues of racial discrimination that Patterson; and Mayer, Brown, Foundation had been identified as causes of Rowe & Maw—to work with • George Preston Marshall Foundation the civil unrest that had erupted in local D.C. public schools as part • The Network of Educators on the cities throughout the nation during of the Committee’s Law Firm Americas, Inc. the mid-1960’s. Partnership Program. The tutor- • Public Welfare Foundation ing, mentoring, and other services • Reich Family Foundation The Washington Commit- now provided by hundreds of • The Washington Post tee was especially fortunate that Committee volunteers to children • George Wasserman Family Judge Oberdorfer chose John at 38 local schools is greatly Foundation Nolan, a partner at Steptoe & strengthened by the support that a Page 2 SPRING 2003 UPDATE Equal Employment Opportunity Utility Sued Church Employee Library of Congress for Racial Files Sexual Sexual Harassment Discrimination Harassment Suit Case Settles In February 2003, the The Committee and The Washington Lawyers’ Washington Lawyers’ Committee, Shearman & Sterling recently Committee, along with Miller & filed a lawsuit in the Circuit Court filed a lawsuit on behalf of a Chevalier, recently settled a for Montgomery County on behalf former music director of a sexual harassment and retaliatory of Paul Fenwick, alleging that Lutheran church in Maryland who constructive discharge case on Southern Maryland Electric was sexually harassed and retali- behalf of a uniformed officer in Cooperative (SMECO) subjected ated against by her employer. The the Library of Congress Police him to racial harassment, disparate defendants filed a motion to Department who was forced to treatment and retaliation under dismiss contending that the First resign under a threat of immediate Title VII and Section 1981. Amendment immunizes the church termination. The order to resign and its officials from liability under or be fired followed on the heels The complaint alleges that anti-discrimination laws. of the officer’s attempts to stop Paul Fenwick, a long-term em- the sexual harassment, which ployee of SMECO, for years The motion raised an issue included hostile and lewd com- toiled in a racially hostile atmo- of first impression under Maryland ments and requests for sexual sphere where racial epithets and law – whether sexual harassment favors that she and other female threatening conduct toward and related tort claims brought by officers endured at the hands of African-American employees church employees are cognizable, her direct supervisor. were commonplace. For many notwithstanding the First years, the human resources Amendment’s protection of church The parties settled the department and management autonomy and prohibitions on matter soon after the complaint ignored his discrimination com- excessive entanglement. The was filed. The officer will receive plaints. Eventually, Mr. Fenwick Committee, along with Shearman a payment of $120,000, and was was terminated. Mr. Fenwick was & Sterling, filed an opposition to reinstated to her position with full ordered reinstated through union the brief, and a hearing on the seniority and accrued benefits. arbitration. However, he was motion took place on March 10. discriminatorily transferred to a The judge denied defendants’ remote company location in an motion to dismiss as to the major- effort to force his resignation, and ity of the plaintiff’s most important denied transfers into positions for claims, including sexual harassment which he has the greatest seniority. and intentional infliction of emo- tional distress. The parties have Co-counsel in the case is exchanged written discovery, and Steptoe & Johnson. are in the process of taking depositions. Page 3 WASHINGTON LAWYERS’ COMMITTEE Fair Housing trator required the certificate of occupancy and ticketed the home because it was occupied by persons with disabilities. In April 2003, the federal district court for the District of Columbia granted Plaintiffs’ Motion for Summary Judgment, finding that the chal- lenged zoning ordinance was facially discriminatory and discriminatorily applied to Plaintiffs because of the disabilities of the residents. L/R: Vera Lee Liban, Executive Director, Equal Rights
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