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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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To: mhking

ping.


61 posted on 08/11/2005 1:17:40 PM PDT by NASBWI
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To: N3WBI3

"I am wondering what is the safe capacity of the pool? and how many from a family of moer than 100 were trying to use it?"

It's a valid question, but had that been taken into account and explained to the family, I'm sure there would not have been a lawsuit, but rather a way to work around the large number of children (perhaps letting groups at a time in the pool?).


62 posted on 08/11/2005 1:20:13 PM PDT by NASBWI
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To: Dolphan
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.

So they should be permitted to keep us "filthy dark people" out, right?

Feh.

63 posted on 08/11/2005 1:20:37 PM PDT by mhking (The world needs a wake up call gentlemen...we're gonna phone it in.)
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To: Hatteras
Bingo! We have a winner!!

Also, the settlement precludes the resort from speaking about this, but the "extended family" sure had no problem finding someone to document their story. I hate when only one side of a story is presented.

64 posted on 08/11/2005 1:20:44 PM PDT by Conservative Infidel (How come they call it "Tourist Season" if we can't shoot them??)
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To: mhking

Read the rest of my posts...

Just as you should have the right to keep out whomever you please on your own private property.


65 posted on 08/11/2005 1:21:48 PM PDT by Dolphan ("If you get caught in the thunderstorm, please move inside, fast! " - 1360 WKAT)
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To: Howlin; Ed_NYC; MonroeDNA; widgysoft; Springman; Timesink; dubyaismypresident; Grani; coug97; ...
 

Double-barrelled Mega-PING! to both lists! If you want on, FReepmail me!

66 posted on 08/11/2005 1:23:26 PM PDT by mhking (The world needs a wake up call gentlemen...we're gonna phone it in.)
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To: NASBWI
It's a valid question, but had that been taken into account and explained to the family, I'm sure there would not have been a lawsuit

Based on what? Ive seen suit for dumber things and so have you.

67 posted on 08/11/2005 1:23:53 PM PDT by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: AppyPappy
Yeah but refusing to allow black people to use the pool when you allow white people to use it is clearly a civil rights violation.

Funny, I see lots of restrictions on what the Govt. can do in the 14th Amendment. I don't seem to see the part restricting what citizens can do.

This whole thing could have been better dealt with by bad publicity, and private organizations and customers stopping their patronage. There is no longer a need for these laws; the public opinion of bigots like the manager of this resort has firmly settled and Jim Crow businesses won't thrive.

68 posted on 08/11/2005 1:23:54 PM PDT by LexBaird (tyrannosaurus Lex, unapologetic carnivore)
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To: Dolphan

I agree 100%.


69 posted on 08/11/2005 1:24:12 PM PDT by Skooz (Political Correctness is the handmaiden of terrorism)
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To: N3WBI3
safe capacity

Thank you for suggesting this also. See my post # 54.

This whole issue could be race related, but I doubt it.

We've been down this road before with the MSM and their one-sided view of the news. I call it selective reporting. I suppose if ALL the facts were truly presented, we would not be having this discussion.

If all the facts were known... this would be a non-story.

70 posted on 08/11/2005 1:24:41 PM PDT by Responsibility1st
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To: mhking; Dolphan

Now you've done it, Dolphan. You got a "just damn" from the "king" of "just damn".


71 posted on 08/11/2005 1:25:03 PM PDT by SlowBoat407 (A living affront to Islam since 1959)
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To: SlowBoat407
If it happened as presented, a fair call. I notice that there was no defense presented in the article. Did the resort offer any?

They settled giving an apology and an undisclosed sum of money. That usually means that they either don't have a defense or they don't have one that they think a jury will buy.

72 posted on 08/11/2005 1:27:20 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: SlowBoat407

Just as long as I don't get a "just banned" from the King of FR, I'm OK.


73 posted on 08/11/2005 1:27:54 PM PDT by Dolphan ("If you get caught in the thunderstorm, please move inside, fast! " - 1360 WKAT)
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To: Tumbleweed_Connection

Outrageous.


74 posted on 08/11/2005 1:31:04 PM PDT by Alexander Rubin (Octavius - You make my heart glad building thus, as if Rome is to be eternal.)
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To: Dolphan
Agreed.

What about the rights of the business owner? He has the right to determine for himself who he wants to to do business with. If a black businessman wanted to exclude whites he should have that right as well. The consumer's rights have also been violated since they do not have a choice to go to an all whites/blacks business or an integrated business. The government does not have(or at least shouldn't have) the constitutional authority to interfere.

Blacks organizations and institutions exclude whites all the time and no one seems to make a fuss over that. Lets name a few: black businessman's associations, college fraternities, political organizations, black MBA Association, black pages (like the yellow pages but only black owned business are included),
75 posted on 08/11/2005 1:33:13 PM PDT by Mulch (tm)
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To: Tumbleweed_Connection
Geez, this kind of thing still happening in the 21st century.
76 posted on 08/11/2005 1:33:18 PM PDT by colorado tanker (The People Have Spoken)
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To: mhking
So they should be permitted to keep us "filthy dark people" out, right?

Why should the Government be used as a tool of first choice to address this type of issue? Aren't the other methods of punishing this type of antisocial behavior just as effective: boycotts, bad publicity (such as the resort is getting right here), public shunning, picketing, even FReeping? Shouldn't those approaches be the preferred method for a conservative to push social values, as opposed to resorting to the apparatus of the Federal Government?

77 posted on 08/11/2005 1:35:08 PM PDT by LexBaird (tyrannosaurus Lex, unapologetic carnivore)
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To: Gabz

I can't tell you how many times I've heard a litigant say after getting a boatload of money in a lawsuit, "but money can never replace . . . ." But they always take the money anyway.


78 posted on 08/11/2005 1:35:17 PM PDT by colorado tanker (The People Have Spoken)
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To: Mulch

To me this is not a black or white issue.

I have no problem with the black this or black that organization.

I believe in the freedom of association, and if X number of black ____ want to organize, god speed.


79 posted on 08/11/2005 1:35:29 PM PDT by Dolphan ("If you get caught in the thunderstorm, please move inside, fast! " - 1360 WKAT)
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To: Hatteras

Well, Hatteras, why don't you follow up with this story and let us know. In the meantime, I see no reason to speculate bad things about people and criticize them for it when they had a valid complaint.


80 posted on 08/11/2005 1:35:41 PM PDT by HostileTerritory
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