Court issues injunction in case of alleged housing discrimination
Published 3:59 am Thursday, October 8, 2015
- David Dodd, left, and Stephanie Brown. Andrew D. Brosig/Tyler Morning Telegraph
The U.S. District Court Eastern District of Texas has issued an injunction against an East Texas property owners association in a case involving a man who claims he was prevented from buying a property because he is black.
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David Dodd accused the Clearwater Bay Property Owners Association Inc. of racial discrimination by harassing him and attempting to prevent his purchase of property at 114 Nob Hill Circle.
In his suit, Dodd cites discriminatory language found in a 1964 deed restriction that until it was changed last year read, “No lot shall be conveyed to any person of African descent.” Dodd said he was stopped from buying the property due to the restriction, while the property owners association claims the restrictive language was changed after property owners learned of its existence.
Dodd also claims his residence was vandalized and racial slurs were used against him and his fiancee.
The injunction issued restrains Clearwater from discriminating, harassing or involving itself in the sale or rental of property to Dodd or any other person of color. Magistrate Judge K. Nicole Mitchell is presiding over the case.
On Tuesday the court stated in the injunction Dodd would likely suffer irreparable injury if Clearwater or its members were allowed to harass or interfere with Dodd’s right to reside in the subdivision or purchase the property.
The injury was deemed irreparable because the court recognized it as a civil rights violation based on his race, color and ethnicity. The court said “there is a substantial likelihood the Plaintiff will prevail on the merits of one of his claims against (the) Defendant.”
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