Filed Date: 1973
Closed Date: 1973
Clearinghouse coding complete
The Department of Justice filed suit against the six Defendant-realtors, alleging that the Defendants, acting singly and in concert with each other, induced homeowners to sell their properties by telling them that African-Americans were moving into the neighborhood. U.S. District Court Judge Edenfield rejected the Defendants motion to dismiss on May 17, 1970, and found that the DOJ's allegations were sufficient to support a cause of action under the Fair Housing Act, 42 U.S.C. 3601-19. United States v. Bob Lawrence Realty, Inc., 313 F. Supp. 870 (N.D. Ga. 1970). Brought as a blockbuster case, the DOJ sought only injunctive relief against further violations of the FHA. Judge Edenfield granted one Defendant-realtor's motion for partial summary judgment on January 28, 1971, after finding that that Defendant may have violated the FHA by acting on its own but did not act in concert with the other Defendants. United States v. Bob Lawrence Realty, Inc., 327 F. Supp. 487 (N.D. Ga. 1971).
On December 27, 1971, the District Court entered a permanent injunction barring the Defendant-realtors from violating that FHA by making statements about the alleged influx of minority homeowners into Atlanta neighborhoods. United States v. Mitchell, 335 F. Supp. 1004 (N.D. Ga. 1971). The District Court noted, however, that while many of the Defendants' agents had made statements to homeowners in violation of the FHA, the Defendants had also reacted to expressions of racism held by private homeowners, which were not barred by the FHA. The Fifth Circuit Court of Appeals affirmed the entry of an injunction on February 13, 1973, after rejecting a Defendant-appellant's argument that Congress lacked constitutional authority to enact the FHA. United States v. Bob Lawrence Realty, Inc., 474 F.2d 115 (5th Cir. 1973). The Supreme Court denied the Defendant-appellant's petition for a writ of certiorari on October 9, 1973. Bob Lawrence Realty, Inc. v. United States, 414 U.S. 826 (1973).
The case is now closed.
Summary Authors
Andrew Nash (8/2/2008)
Ainsworth, Robert Andrew Jr. (Louisiana)
Barenblat, Martin (District of Columbia)
Asinof, Wesley R. (Georgia)
Dorsey, Hugh M. (Georgia)
Eberhardt, C.W. (Georgia)
Last updated March 29, 2024, 3:09 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Georgia
Case Type(s):
Fair Housing/Lending/Insurance
Key Dates
Filing Date: 1973
Closing Date: 1973
Case Ongoing: No
Plaintiffs
Plaintiff Description:
USA sought injunctive relief against Atlanta real estate firm for allegedly engaging in pattern of inducing persons to sell/rent their homes by representations regarding the entry into neighborhood of persons of a particular race, religion or nationality.
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Bob Lawrence Realty, Inc. (Atlanta), Private Entity/Person
Ray Mitchell Realty Company (Atlanta), Private Entity/Person
Case Details
Causes of Action:
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1971 - None