TAMMY R. COLLINS and LARRY W. COLLINS, Complainants, and IOWA CIVIL RIGHTS COMMISSION,

vs.

HOWARD C. FLOOK, Respondent.

VI.Emotional Distress:

28. Both Tammy Collins and Larry Collins suffered severe emotional distress as a result of the discrimination inflicted on them by Respondent Flook. Mrs. Collins's initial reaction to being informed that she was not being rented the apartment because of her "nigger kids and a nigger husband" was to say "thank you" and leave. See Finding of Fact No. 8.

29. At first blush, this reaction may seem contradictory to a claim of distress. However, this reaction may support, not contradict a claim of distress. Knowledge of the effects of discrimination is within the specialized expertise of the Commission. Official notice is taken that the initial reaction of a victim of overt racial discrimination may be one of acute embarrassment and of a desire to immediately withdraw from the situation. In response to the overt act, the victim may say "thank you" and immediately leave, as opposed to becoming engaged in a discussion or argument. In a similar prior case before this Commission, a Black woman was told she was being refused day care for her infant son because "We are not going to mix races." Her initial response was to say "Okay. Thank you," and leave. Diane Humburd, 10 Iowa Civil Rights Commission Case Reports 1, 2 (1989). Fairness to the parties does not require that they be given the opportunity to contest these facts.

30. When Tammy Collins came back to the homeless shelter she was crying because she didn't get the apartment and because of what Flook had said. Larry Collins, too, broke into tears upon hearing of these events. (Tr. at 14- 15, 48, 51).

31. The emotional impact on the Collinses was especially traumatic for two reasons: First, they were all excited and happy with the apartment. When the Collins family looked at the apartment together through the window, earlier that same day, they repeatedly commented to each other on how nice it was. They understood that they were finally going to have a real home. (Tr. at 10, 45, 47).

32. Second, the Collins family, based on the prior understanding with Flook that they would have the apartment once they presented the voucher, had checked out of the homeless shelter. Someone else had taken their place and there was no more room at the shelter. (Tr. at 15).

33. Tammy, Larry, Leo, Larry (the son), and Treva Collins had to live in the family car, a station wagon, for two to three weeks. This involved all the attendant stresses and strains inherent in caring for three small children, ages eight weeks, two years and three years. (Tr. at 6, 16, 49). After this time, the Collinses were able to get adequate shelter. (Tr. at 71-72).

34. Tammy Collins credibly testified that she was and still is heartbroken over being rejected for the apartment due to race. (Tr. at 16). She worries about her children suffering race discrimination in the future. She remembers how they had to suffer living in the car. (Tr. at 19-20). Tammy Collins often thinks about the day Respondent Flook rejected her voucher and what he said "No nigger kids, no nigger husband." (Tr. at 20).

35. Tammy Collins has had nightmares about this incident. "I sleep very lightly now, I toss and turn." Before this incident, Mrs. Collins "was a very hard, tight sleeper." (Tr. at 21). She believes this incident shall affect her for the rest of her life. (Tr. at 22).

36. When Larry Collins found out what had been happened, he was angered and hurt. (Tr. at 48). "I was humiliated, I was hurt, and I felt like, hey, I was a dog or something." "[I cried] [b]ecause we got put outdoors. We left a place--we thought we had a place to live, and after he did not rent the place to us, it put us in the cold." (Tr. at 51).

37. Every day, Larry Collins worries that, because of racism, his children "are going to have it harder than I'm having it right now." (Tr. at 53-54). He did not have these concerns prior to this incident. (Tr. at 54).

38. When Larry Collins is among white persons, he now asks himself the question, "Do these people . . . feel the same way that Mr. Howard Flook did?". Due to this incident, he now feels that, as a Black man in Iowa, he will be treated "[l]ike a dog out on the street." (Tr. at 55). "I feel out of place . . . [b]eing in a room with a bunch of white people." (Tr. at 57). He was comforted by the fact that a Black investigator was present in the hearing room while he testified. (Tr. at 55). He believes this incident will affect him for the rest of his life. (Tr. at 57).

39. Larry Collins's sleep is adversely affected by the incident with Respondent Flook "[b]ecause I got to go to bed thinking about this. I have to wake up thinking about this. It happens every day. It's to the point that once I feel just like crawling off in a hole somewhere because of what this man did." (Tr. at 53).

40. This incident has caused severe difficulties with the Collinses' marriage. Because of this incident, Larry Collins has often come to believe that all whites, including his wife, are alike in that they are prejudiced against Blacks. (Tr. at 17-18, 34, 66). This has resulted in fights, including one argument where Larry hit Tammy with a thrown coffee cup. (Tr. at 17, 52). The Collinses nearly got divorced due to arguments arising from the incident with Flook. (Tr. at 17-19, 52-53). Such arguments had not occurred prior to the incident with Flook. (Tr. at 18, 52-53). Since approximately July of 1992, the Collinses have been in interracial counseling, to aid them with the marital and other emotional problems resulting from the racial discrimination they suffered at the hands of Howard Flook. (Tr. at 21-22, 56). Although numerous areas were explored on cross-examination, there is no evidence in the record showing that other causes account for the complainants' emotional distress.

41. In light of the severity and duration of the ongoing emotional distress inflicted on Tammy Collins by Respondent Howard Flook, she is entitled to damages in the amount of fifteen thousand dollars ($15,000).

42. In light of the severity and duration of the ongoing emotional distress inflicted on Larry Collins by Respondent Howard Flook, he is entitled to damages in the amount of fifteen thousand dollars ($15,000).

VI: Respondent Flook's Assertions Regarding Limitations on Damages Are Not Only Contrary to Law, They Are Not Supported By Any Evidence In the Record:

43. On brief, it is claimed that damages should be reduced because "Respondent is without substantial assets" and that his "apartment buildings are both in a state of repair, and one was closed to the public at the time of hearing." (R. Brief at 4). There is absolutely no evidence in the record supporting either of the factual propositions stated. Basing a compensatory damages decision, in any respect, on such considerations would be contrary to law. See Conclusion of Law No. 33.