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Resort That Refused Black Family Pool Access Must Pay
US News ^ | 8/11/05

Posted on 08/11/2005 11:55:37 AM PDT by Tumbleweed_Connection

An extended African-American family, most of whom reside in Maryland, today announce the settlement of their discrimination claim against a vacation rental condominium resort in Myrtle Beach, South Carolina, which barred them from using its swimming pool. Among other things, the settlement of the complaint filed by the Lawyers' Committee and the law firm of Sutherland Asbill & Brennan, provides the plaintiffs with monetary compensation, the amount of which cannot be disclosed under the agreement.

Over 100 African-American family members alleged that they were racially discriminated against when they stayed at Baytree III, part of the Baytree Plantation in Myrtle Beach, South Carolina, for the Turner-Gray family reunion in July 2001. The plaintiffs alleged that shortly after they arrived for their family reunion weekend, Stuart Jenkins, property manager of Baytree III and president of the Homeowners' Association, padlocked and chained the entrance to the pool area closing it off to the reunion attendees. According to the complaint, the day after the reunion ended, Jenkins removed the padlock and chain and reopened the pool to guests, personally inviting white guests to use the pool during their stay.

"We selected Baytree as the site for our reunion in part because of its amenities, including the pool facilities," stated Gloria Turner-Simpkins, one of the plaintiffs who organized the family reunion. "But instead of being able to enjoy them, because of these discriminatory actions, we were humiliated and saddened, during what was meant to be an enjoyable family gathering," added Mrs. Turner-Simpkins.

In addition to monetary compensation, the Homeowners' Association agreed to issue a written apology to the family members, to conduct fair housing training for individuals involved in the day-today management of Baytree III, and to inform its members of its policy of non-discrimination.

"This settlement makes clear that such racist behavior and such blatant disregard for the law will not be tolerated," stated Charles Lester, a partner in the Atlanta office of Sutherland Asbill & Brennan LLP and one of the attorneys representing the plaintiffs.

"It is sad but true that in this day and age there are still those who want to stop African Americans from enjoying the same privileges as everyone else," said Barbara Arnwine, Executive Director of the Lawyers' Committee for Civil Rights Under Law. "While no amount of money can make these family members whole for the racist acts they had to endure and to explain to their small children, this settlement does give them some measure of justice."


TOPICS: News/Current Events
KEYWORDS: news; racism
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1 posted on 08/11/2005 11:55:38 AM PDT by Tumbleweed_Connection
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To: Tumbleweed_Connection
The property manager is an idiot.
2 posted on 08/11/2005 11:58:28 AM PDT by E. Pluribus Unum (Koran 9:123 "Make war on the infidels who dwell around you.")
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To: Tumbleweed_Connection

Oh my!
I just don't get this at all. Didn't this manager know that this was going to happen? What's wrong with this man? What's wrong with the family using the pool?

Geez!


3 posted on 08/11/2005 11:58:59 AM PDT by netmilsmom (God blessed me with a wonderful husband.)
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To: Tumbleweed_Connection

If it happened as presented, a fair call. I notice that there was no defense presented in the article. Did the resort offer any?


4 posted on 08/11/2005 11:59:01 AM PDT by SlowBoat407 (A living affront to Islam since 1959)
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To: Tumbleweed_Connection
"While no amount of money can make these family members whole for the racist acts they had to endure and to explain to their small children, this settlement does give them some measure of justice."

The story would have been just fine without thata paplum.

It sures sounds to me like was a clear cut case of discrimination.

5 posted on 08/11/2005 11:59:32 AM PDT by Gabz (Smoking ban supporters are in favor of the Kelo ruling.)
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To: Tumbleweed_Connection

Just Damn!

This kinda shiz is still happening in 2005?


6 posted on 08/11/2005 11:59:37 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: Tumbleweed_Connection

How Much?


7 posted on 08/11/2005 12:00:40 PM PDT by Mulch (tm)
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To: Tumbleweed_Connection
Not a smart maneuver on many levels. Personally, I would have tossed them a few rooms and kept the pool open past hours as well as anything else in my power to make this family come back next year.
8 posted on 08/11/2005 12:01:57 PM PDT by tfecw (Vote Democrat, It's easier than working)
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To: Tumbleweed_Connection

So they are good enough to rent to and use the rooms, but not the pool? If you are going to be a racist, at least be consistent.


9 posted on 08/11/2005 12:08:29 PM PDT by BadAndy (Specializing in unnecessarily harsh comments.)
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To: tfecw

I am amazed that they didn't call police at the time.


10 posted on 08/11/2005 12:08:34 PM PDT by ClaireSolt (.)
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To: SlowBoat407
Yea I wonder about that as well.

It seems unlikely that someone would be stupid enough to lock up the pool with the purpose of keeping black people out. There are some really stupid people out there, so it's possible, but it's doubtful.

I'd like to hear the other side of this story, if there is another side.

If things did happen like this article implies, then that manager deserves to lose his job and be ostracized from the community.
11 posted on 08/11/2005 12:10:07 PM PDT by untrained skeptic
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To: ClaireSolt
They probably fed them a line of BS about the pool being closed for repairs or something. I'm sure if this asshat told them "we don't server your kind round here" cops would have been called.
12 posted on 08/11/2005 12:11:37 PM PDT by tfecw (Vote Democrat, It's easier than working)
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To: Tumbleweed_Connection

Reprehensible...but, IMO, assuming that this discrimination represented the will of a private homeowners association...everyone should have the right to associate or not associate with whomever they like...on whatever basis they like



13 posted on 08/11/2005 12:15:48 PM PDT by Irontank (Let them revere nothing but religion, morality and liberty -- John Adams)
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To: Tumbleweed_Connection
"Baytree Plantation in Myrtle Beach"

First, the resort was absolutely wrong and should be punished. But my evil, cynical twin is asking if part of the settlement is going to include changing the name of the resort to something "less offensive" to black families who would like to hold their family reunions there?

14 posted on 08/11/2005 12:19:34 PM PDT by Hatteras
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To: Tumbleweed_Connection
See this from 2001 -- accomplishments of the "Lawyer's Committee for Civil Rights Under Law":

Public Accommodations
Filed a lawsuit for a 100-member, African-American family that held a reunion, in July 2001, at the Baytree Plantation in Myrtle Beach, SC. Defendants are the Baytree III Homeowner’s Association and its president, Stuart Jenkins. The suit alleges Mr. Jenkins engaged in racial discrimination by padlocking and chaining the entrance to the pool area, closing it to reunion attendees; and reopening it to guests in all three Baytree complexes and personally inviting white guests to use the pool the day following the reunion. “This incident marked the first time that many of our small children were exposed to overt racism,” said one of the reunion plaintiffs (Turner v. Baytree III Homeowners Assoc).

source link

Notice how the wording is essentially identical in their press release of today as the write-up on their beginning the case in 2001.

15 posted on 08/11/2005 12:19:38 PM PDT by tallhappy (Juntos Podemos!)
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To: Irontank
Reprehensible...but, IMO, assuming that this discrimination represented the will of a private homeowners association...everyone should have the right to associate or not associate with whomever they like...on whatever basis they like.

I you suggesting that I should have the right not to sell my house to a black person for no other reason than the are black? What if I don't want to rent one of my aprtments to black people or serve black people at my restaurant? Freedom of Association?

16 posted on 08/11/2005 12:22:31 PM PDT by Labyrinthos
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To: Irontank

I you... = Are you...


17 posted on 08/11/2005 12:23:26 PM PDT by Labyrinthos
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To: E. Pluribus Unum
The property manager is an idiot.

Hopefully an unemployed idiot

18 posted on 08/11/2005 12:24:20 PM PDT by Always Right
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To: Irontank

"Reprehensible...but, IMO, assuming that this discrimination represented the will of a private homeowners association...everyone should have the right to associate or not associate with whomever they like...on whatever basis they like"

You are free to hold that personal opinion, but be assured that it is at wide variance with the laws these days.

Private clubs, associations which exclude people based on race and religion are clearly illegal.

That would include "homeowners associations." HOAs in turn hire Property Management companies. These companies know well about illegal discrimination, in real estate activities.


19 posted on 08/11/2005 12:25:48 PM PDT by truth_seeker
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To: Tumbleweed_Connection

I'm gonna get nailed for this but...private property owners should be allowed to restrict/admit whoever they please onto all or any of their property.


20 posted on 08/11/2005 12:27:45 PM PDT by Dolphan ("If you get caught in the thunderstorm, please move inside, fast! " - 1360 WKAT)
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