Mt. Holly and “Disparate Impact”

Roger Clegg, Center for Equal Opportunity, November 19, 2013

This year the Supreme Court had agreed to resolve a fundamental question about the Fair Housing Act that it has never answered: Can you be found guilty of racial discrimination if you have not engaged in racial discrimination?

Suppose, for example, that the owner of an apartment complex decides that she does not want to rent units to individuals who have been convicted of drug offenses. She makes that decision without regard to race, her policy on its face does not treat people differently because of race, and indeed she enforces it in an evenhanded way, so that it applies equally to all applicants, without regard to race. Should she be liable for racial discrimination under the Fair Housing Act if it turns out that the policy in her neck of the woods has a disproportionate effect on this or that racial or ethnic group?

The Obama administration and the civil-rights establishment say, “Yes,” even though most everyone else would say, “No.” The administration and the civil-rights groups are afraid, in particular, that the Supreme Court will answer the question, “No,” too, and so they want very much to keep the Court from resolving this issue.

As a result, they pressured the City of St. Paul recently into withdrawing its case presenting this important issue, which the Court had already accepted for review–essentially by offering St. Paul a $180 million deal (the administration backed out of an entirely different case in which U.S. taxpayers stood to recover that amount of money, in exchange for the city withdrawing its case from the Court).

As it happened, however, there was another case, presenting this same issue, which the Court then accepted for review this year, which was fully briefed, and which was scheduled for oral argument in just two weeks, on December 4. It involves another town: Mount Holly, New Jersey.

But guess what:  The Mount Holly township council, at the eleventh hour last week, approved a settlement agreement in its case, which again denies the Supreme Court the opportunity to decide this issue, which is of great importance to many cities and towns, not to mention owners of apartment buildings and other real estate, banks and insurance companies that do real-estate-related business, and of course many other Americans, like those living in apartment buildings who would prefer not to share living space with drug dealers.

The settlement negotiations with the Mount Holly township council had been shrouded in secrecy. So here are some questions that the township council and other involved parties should answer for public discussion:
1. Was the Obama administration involved in pressuring the township to settle the case?
2. Likewise, what pressure did the civil-rights establishment brought to bear?
3. How, exactly, did this proposed settlement get put together?
4. To the extent that money is the reason for the settlement, what consideration was given to exploring financial terms from other sources that might not have required the township to scuttle a case most thought it was likely to win?
5. What other quid pro quos were involved here, like promises of future political support – or political revenge?
6. What consideration was given to the fact that leaving this legal issue unresolved favorably to the city may result in future lawsuits against it, like the one in this case?
7. What consideration has been given to the fact that leaving this legal issue unresolved hurts individuals and individuals’ businesses, particularly in Mount Holly but also elsewhere?

It is really very unseemly that these cases keep waking up dead just before the Supreme Court is about to decide them. The public ought to be provided with the details of what’s going on here. Fortunately, the House Committee on Oversight and Government Reform last week opened an investigation.

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  • Jesse James

    Disparate impact needs to be strangled in the crib.

    • Anon

      Why?

      The more overt the racism is against white people the more likely our people will be to withdraw their consent.

      We currently have a society that puts up with incredible human rights abuses against whites because we live more segregated today (and lie about it) then ever we did under Jim Crow…..hell, even under overt slavery. It allows the majority to pretend what is happening to other whites either doesn’t happen or (increasingly) doesn’t matter. If it isn’t happening to them, they don’t give a damn.

      Denial should be painful and shameful behavior like turning your back on victims should have severe consequences. Forcing others to live with what they created and OWN it, is a necessary component of forcing change.

      As long as it is always someone else….someone poorer, with fewer options, with less power etc. that is raped, robbed, murdered, and beaten by non-whites, the others won’t lift a finger to stop it. Our society has come uncomfortably close to actually CELEBRATING these bad things happening to other people.

      Collectively, our fellow whites have alot to answer for, but that is a separate issue. A much more serious one is how do we make them care. Or even, how do we make them act, when there is still enough humanity left in them that they are even capable of caring.

      Put another way. Of course, disparate impact is inappropriate. Today’s whites are still capable of perceiving that. But, tomorrows whites might not be. Why do I say that? Because it should be obvious that a race should actively discriminate in favor of its own. Your own race is good. All other races are not…or, at least, individuals of those races have to prove they are good and EARN acceptance. All races, including whites of the past, take this for granted. But today’s whites have lost that basic common sense. Instead, we tolerate race treason and hatred of some of us against others. That conceit has had a very specific punishment in all past societies that dared to allow it to happen…..they died out.

      It is….a rather big deal that requires whites to do a complete 180 on the issue…or, ummm, die. Anything that enables us to live today with this while putting off such drastic change, is not a good idea. Such a change, made today, would easily succeed.

      Tomorrow, not so easily.

      Another generation or so….it might not be possible.

      Two generations….no one left.

      Time is not on our side.

      • Jesse James

        Because we have been pushed far enough, we need massive resistance against anything the Progressives are pushing. Time to stop letting them throw wood under the kettle. Time to stop carrying the damned wood for them. Time to start pissing on the fire.

        • SFLBIB

          “…we need massive resistance against anything the Progressives are pushing.”

          “The indispensable condition of any conservative or traditionalist movement, as well as of our personal spiritual survival, is that we say NO to the prevailing values of the liberal order and that we keep saying NO.” — Lawrence Auster

      • Mergatroyd

        Things are stepping up after those Jews were targeted in Brooklyn (?) for the knockout game. Now, it’s getting national attention. Before that when it was only whites, the press, cops and politicians looked the other way.

        • saxonsun

          Greta Van Susteren on Fox called out black “leaders” on this. My local news reported it without drawing attention to the racial aspect. I’m here in Manhattan and have always been wary of black males.

          • Non Humans

            Why just the males? The sheboons are equally as dangerous…maybe even moreso given their shiftiness and levels of testosterone.
            .
            But on that note, how do you tell the difference between them? With the extra testosterone that the shezillas have, they all have very masculine features. One is just as ugly and stoopid as the next.

  • This is probably going to be the SCOTUS case of this term, and maybe the most important one in a long time.

    What I want to know is this:

    Is it possible to engage in housing discrimination when you don’t even have any authority over housing decisions? Use AR’s search engine to look up the names Derrick Donchak and Brandon Piekarsky.

  • dd121

    When America existed, you could do as you wished with your private property.

    • Alexandra1973

      That America died in the 1860s with the “ratification” of the 14th Amendment.

  • Lewis33

    Obama’s just praying one of the conservatives on the SC will croak during his term. His team probably has it all written up and ready to drop on them just as soon as they think they have the votes.

    • Homo_Occidentalis

      I wouldn’t be surprised if Obongo just has Scalia silently assassinated. He has already shown us how ruthless he can be. This president would make quite the African dictator.

      • AndrewInterrupted

        O’Bummer and his Chicago thugs would make Idi Amin blush as this point.

      • Non Humans

        Would? No…..IS!

  • Alexandra1973

    So it shows blacks are more likely to be druggies…and they can’t let the cat out of the bag, can they?

  • Extropico

    There isn’t a single WASP on the Supreme Court. “Disparate impact” should be declared to be in violation of the Equal Protection Clause.

    • SFLBIB

      That doesn’t “fit the narrative.”

    • Mike Conrad

      It’s only disparate impact if it favors White Christians. For example, look at Ivy League admissions (“The myth of American meritocracy: How corrupt are Ivy League admissions?”).

  • JohnEngelman

    Discrimination used to be considered a good thing. A person with “discriminating taste” had good taste. Just because blacks tend to be dangerous and stupid does not mean that is wrong to discriminate against people who are dangerous and/or stupid.

    • Gislia Jackson

      Just as I would discriminate against Asians for being pigs when they shop in a grocery store.

      • JohnEngelman

        I have known many Orientals and people from India. I have never known any who were “pigs when they” shopped at a grocery store, or anywhere else.

        • Gislia Jackson

          Chinese will throw every green onion on the floor in search of the “perfect” one. Japanese do it as well, but they have enough shame to stop when you see them do it. Indians are the worst of the lot, they drop tomatoes on the floor and run over them with the shopping carts, and then give a “FU YT, Do Something About It” look. Pigs.

          • JohnEngelman

            I have been going to Oriental grocery stores for years. I have never seen that. I have never seen Asians do that in American grocery stores.

          • Katherine McChesney

            There is a Thai International Market a few blocks from me. The interior is filthy. I wouldn’t shop there if my life depended on me.

    • Alexandra1973

      Agreed. To be discriminating means to be discerning. And how can you make a good choice if you can’t discern?

    • SFLBIB

      I remember a cigarette commercial that claimed its brand was “for the discriminating smoker.”

      “When it comes to discrimination, we have to be willing to distinguish between different types of discrimination. Discriminating between different concepts is called intelligence. Refusing to lump all forms of discrimination together is called common sense. It is what keeps us from having blind bus drivers.” – Prof. Mike Adams

      When we fail to discriminate between good and evil, right
      and wrong, and the behaviors that lead to success and those that lead to failure, we do not end up objective, neutral, tolerant, or even indifferent; we end up hating what is good, right, and successful.

      We have seen this pattern over and over. The idea that one man’s terrorist is another’s freedom fighter has led to a resurgence of anti-Semitism and more terrorism; a successful person is not a testimony of the opportunities in America; he is an example of American greed; the belief that America is no better than any other country has led to hatred of America. Equal rights for women in the marketplace has led to stay-at-home moms being scorned. Concern for the rights of criminals has led to hatred of their victims. The repeal of Don’t Ask, Don’t Tell has not led to “tolerance and understanding” of homosexuals; it has led to Christians having to go underground and in the closet – for fear of retaliation and reprisals. Likewise, the idea of “separation of church and state” has not led to increased religious freedom, tolerance, objectivity, neutrality, or even indifference, but to hatred of faith and those of faith. The idea of affirmative action based on nothing more than skin color did not lead to increased opportunities for minorities; it has led to marginalization of non-minorities.

      Therefore, we can expect that the idea of disparate impact will not lead to increased civil rights for criminals, but to hatred of honest people and more crime.

      – Paraphrased from The Closing of the American Mind

      • JohnEngelman

        a successful person is not a testimony of the opportunities in America; he is an example of American greed.

        – SFLBIB

        The dominance of Jews in various fields requiring superior intelligence is seen by antisemites as something sinister, rather than proof that the Ashkenazim are biologically the most superior race in existence.

        • ms_anthro

          Do your knees ever get sore?

  • Spartacus

    If you see a dark-skin in your neighborhood, just shoot it, and no others will come your way again.

    • Alexandra1973

      I beg to differ.

      They will. They’ll march to your door led by your usual gang of race-hustlers and opportunists screaming for your head on a pole.

      • Spartacus

        Then you shoot those too .

        • AndrewInterrupted

          Why do you think God made high capacity magazines (rhetorical).

        • Alexandra1973

          Lock and load!

        • Mergatroyd

          Will you be my neighbor? It’s either you, Goetz or Zimmerman. I could put a sign up at the corner stating, proud neighborhood of Bernard Goetz and George Zimmerman.

    • bigone4u

      Spartacus, we must be more humane in our approach to our beloved black brothers and sisters. First, post warning signs, then let those who disobey, pay the penalty. In a small town in Alabama that I know, there was a sign on the courthouse lawn until the 60s that said, “N–, be out of this town by sundown.” They couldn’t say they weren’t warned.

      • Mergatroyd

        You are assuming the groids can read, which they can’t. Better to use pictures and not words, such as a sign with a profile of a black with a gun inches from his face.
        The old people around here talk about signs that was once at my city’s borders that said “N– don’t let the sun go down on your head.” That was back when people left the keys in the ignition of the cars, doors unlocked, windows wide open in summer, etc. Now, we’ve got burglar bars, home security signs on our lawns, guard dogs, high fences, etc.
        I wish I were alive in the “bad old days” of evil, boring whiteness. Things were orderly then and blacks knew not to attack us otherwise there’d be holy hell to pay.

  • bigone4u

    Back in the 60s an older married couple ran a small hotel in New Orleans French Quarter. The wife, who was in charge, would only rent rooms to married couples, and certainly not to homosexuals. The business went bust. After all, this was the notorious French Quarter. Her husband, who was opposed to it from the beginning, used to say that she tried to run a Baptist Mission. Today, she would be raided by a SWAT team and paraded around as an evil homophobe. Too bad that decent folks can’t set their own policies any more.

    • Alexandra1973

      The business might have gone bust but at least her conscience was clear.

      • Mergatroyd

        Or, it might have been patronized by those who feel the exact same way she does, and there are a lot who feel that way.
        Let the free market run. If she goes out of business, well that’s the price she has to pay, but at least she and other citizens aren’t being told by the government what they can and can’t do. That’s what the Soviet Union did, and what we are fast becoming, like in NY city for example where the government is trying to ban certain foods.

        Who the F are they to tell me what I can and can’t eat? Nanny state indeed.

        • Non Humans

          It started long before New Yorks soda ban. When was the last time, if ever, that you have had real milk, straight from the teet?
          .
          The fda has long been manipulating our food.

  • rowingfool

    Speaking of Mounts, only around 5% of all successful climbs of Mount Everest have been women. Talk about disparate impact!

    This is unacceptable. Either all climbing on Everest should be banned or the mountain should be leveled with thermonuclear devises to that elevation at which success is proportioned to reflect the 51/49 ration of women to men in the world.

    Support gender equality on Everest today! Write your Congressperson or at least boycott Nepalese products, prayer wheels and such.

    • Reverend Bacon

      Yes, and why is the Dalai Lama always a man? Unacceptable I tell you!
      Ever read Vonnegut’s “Harrison Bergeron?” It’s a dystopian short story that you’d really like. You can find the full text on the web, even.

      • My sixth grade class was assigned it. It’s the seed that was planted in my head which grew into the tree of my doffing egalitarianism for good.

    • rowingfool

      There have been more males who have succeeded in “conquering” Everest because more men have tried.

      Why, in spite of the very real threat of death, do men dare to take on new challenges and push the frontiers of knowledge and skill?

      Those who push their “disparate impact” agenda try to outlaw exploration and creative enterprises for the sake of a phony, forced “togetherness” in which we sit in a circle and hold hands while “sharing” our autobiographic dramas. If they were serious about “empowerment” then they would teach their followers the requisite skills that would enable each of them to go forth and make something of themselves. All the spokespersons for reining in bold action are women. Whether this is motivated by fear, envy or both is debatable.

      Again, the very real question. What are men seeking when they pit their prowess and acumen against grave challenges? When, for example, the Vikings, Polynesians or Columbus sailed into the unknown? Space exploration in our time? What is it about guys, who when they do something that carries a high risk of calamitous failure, nevertheless say to themselves, “I can do this, if only I keep my cool and don’t blow it.”?

      What would a society look like in which women succeeded in squashing all male bold behavior? A culture in which everyone were equal and any male who displayed an iota of assertive, reckless behavior were drugged into a stupor? Is there progress without risk?

      • dukem1

        Far as I’m concerned, when the meek inherit the earth, they can have it.

  • Sick of it

    When the government is run like a corporation, it can use vast amounts of OPM (Other People’s Money) to buy off anyone doing anything they do not like. Our high taxes are not benefiting the American people but rather those in power with an agenda.

  • MBlanc46

    “Disparate impact” is heinous.

    • AndrewInterrupted

      It is a steaming pile of anti-American poop alright.

      ‘Historically disadvantaged’ (EEOC language) has a funk to it, too.

  • dd121

    My ancestor tried to prevent this and I’m very proud of them. They shot all the GD Yankees they could find. They just didn’t get enough of ’em.

  • AndrewInterrupted

    If you witnessed the preference/quota dysfunction at federal contractors you would have a stroke.

    Don’t send your sons to fight. I saw the defense product being made.

  • Alexandra1973

    Lincoln was against it, from what I’ve heard, and that’s one of the reasons why he was shot.

  • Mergatroyd

    There’s tons of disparate impact under Obamacare. Productive citizens work hard and pay the bills, moochers, slackers and layabouts (not talking about those who truly cannot work) get services for free paid for by those same productive citizens.

    I’d say that is the very definition of disparate impact.

  • Reverend Bacon

    “Those who deny history are condemned to repeat it.” I often look to history for analogs to the situations in which we (i.e., White America) find ourselves. Here, as is often the case, I hearken back to the great smoking debate of the mid-to-late 20th century. Previously, I have noted that the dangers of miscegenation are on a par with, or exceed, smoking; a woman who dates a black man is 12 times more likely to die at his hands than a woman who dates a white man. A smoker is 12 times more likely to die from lung cancer.
    Here, the government is using the Big Tobacco tactics that successfully prevented public court decisions determining that smoking causes cancer. RJR and others would simply settle the wrongful death cases out of court, with a gag order being part of the settlement. That worked for a long time, until the accumulated body of evidence against smoking became overwhelming.
    Had our government been as overtly complicit in helping Big Tobacco back in the day, I can’t even begin to imagine the righteous indignation from those same people who are being overtly complicit in helping Big (Black) Crime. When viewed in this context, I think even the typically shameless liberals should feel ashamed.

  • Mergatroyd

    Fewer years than that. After that, there will be no stopping the anti-white, cultural marxist agenda.

  • Mike Conrad

    If I offer jobs to the most qualified candidates, I’m engaging in ‘disparate impact’ too. Disparate Impact essentially means anything that ‘officially-approved’ groups don’t like.

    If I lock my doors at night against criminals, I’m engaging in ‘disparate impact’ too. It probably won’t be long until ‘disparate impact’ laws eviscerate what’s left of our enforcement of fraud and racketeering laws on Wall Street as well. America’s Ruling Class definitely doesn’t like that ‘disparate impact’.

  • Mike Conrad

    We need to have blacks working at grocery stores. That way they and all of their friends can get free food (they turn their backs when their own kind walk out of the store with arms full of unpaid groceries). And because food stamps (even with EBT cards) are too demeaning–and just too complicated.

    • Alexandra1973

      Then, due to lack of forward thinking…they whine and complain that they’re out of a job when the store goes out of business. Never mind that they shot themselves in the foot…as far as they’re concerned, someone else pulled that trigger!

      • NordicHeritage

        This is all by design. They are taking us down from the inside and it’s our own that are the worst offenders of all.

        “A nation can survive its fools, and even the ambitious. But it
        cannot survive treason from within. An enemy at the gates is less
        formidable, for he is known and carries his banner openly. But the
        traitor moves amongst those within the gate freely, his sly whispers
        rustling through all the alleys, heard in the very halls of government
        itself. For the traitor appears not a traitor; he speaks in accents
        familiar to his victims, and he wears their face and their arguments, he
        appeals to the baseness that lies deep in the hearts of all men. He
        rots the soul of a nation, he works secretly and unknown in the night to
        undermine the pillars of the city, he infects the body politic so that
        it can no longer resist. A murderer is less to fear.” Cicero

      • Non Humans

        Ive never heard of nonhumans whining about loss of employment. Jobs/Work are cyptonite to nonhumans.
        .
        What they were probably whining about was finding another job that will pay just enough to not compromise their assorted handouts.

  • Katherine McChesney

    “They’ say that black unemployment is high. I don’t believe it. Our local grocery stores are staffed with black managers, cashiers and stock persons. These are in a predominately White neighborhoods. Furthermore, all the drug stores, convenience stores are filled with black employees for miles around my neighborhood. So far my bank has had only one black cashier and she was temporary. I believe blacks are given the jobs over Whites.