TERRY L. MORRIS and DIANE MORRIS, Complainants,

VS.

DARREL COX and PATTI COX, Respondents.

FINDINGS OF FACT

1. The Complainant, Terry L. Morris, timely filed verified complaint CP# 10-85-13676, with the Iowa Civil Rights Commission on October 16, 1985 alleging a violation of Iowa Code, Chapter 601A, discrimination in housing on the basis of race, against Darrel Cox and through amendment on February 13, 1986 against Patti Cox.

2. The Complainant, Diane Morris, timely filed verified complaint CP #10-85-13677, with the Iowa Civil Rights Commission on October 16, 1985 alleging a violation of Iowa Code, Chapter 601A, discrimination in housing on the basis of race, against Darrel Cox and through amendment on February 13, 1986 against Patti Cox.

3. The two cases were consolidated for purpose of public hearing.

4. The cases were investigated, probable cause found, conciliation unsuccessfully attempted and the cases proceeded to public hearing with Notices issued on September 15, 1986.

5. Diane Morris and Terry Morris are wife and husband, married on October 4, 1974. Diane is a white person and Terry is mixed Indian and a Black person. The children were mixed and their Black characteristics were observable. Terry and Diane have four children: Janon, age 11; Terry, Jr., age 10; Jesma, age 8; and Elijah, age 7. Diane grew up in Iowa. Prior to moving to Boone, the Morris family lived in Sioux City, Iowa.

6. In June 1985, the Morris Family visited with Amy Sinn, Diane's sister who lives in Boone, for two weeks. During that time Diane and Amy contacted Century 21 Realty and specifically Laura Quam, a Century 21 agent, for help in finding a rental unit. Diane informed Quam that she had four children. They were shown several properties. The one which Diane was interested in was located at 1140 Union Street, Boone, Iowa, a three bedroom house. She was then referred to Clark Realty, who was handling rental of that property. Clark Realty informed her that there was a $275.00 deposit and the monthly rent was $275.00. Diane felt the deposit was too high because considerable cleaning was needed and offered to pay $100.00 deposit. Clark Realty then called the owners of the house [Allen and Alma Hoffman, Scottsdale, Arizona] to see if they would accept the lesser amount.

They agreed and the deposit and rent for one month were sent directly to the Hoffmans in the form of a money order. The oral agreement was for a month to month rental. The Morris family had no direct contact with the Hoffmans. Clark Realty representatives were informed that there were four children and a dog.

7. On July 6, 1985, the Morris family moved to Boone. The decision to move to Boone was based on Terry's drug related associations in Sioux City and the resulting marital problems. The Boone move was an attempt to solve their problems. They chose Boone because Diane's sister lived in Boone at that time and felt a small town environment would help them solve their problems.

8. The house at 1140 Union Street was in a residential district. Complainants moved into that house late afternoon on July 6, 1985. They used a Ryder truck and had several friends helping them unload the truck. The children and the dog were still in Sioux City. Sometime during the unloading, Diane noticed a group of people gathered on the front lawn of the house directly across South Benton Street and facing the side of the Union Street house. Lawrence Happel lived in that house. The people just lined up and watched the unloading process. No one said "Hi" or offered to help. It was dark by the time they finished unloading. The next morning they got up at 4:00 a.m. and drove the rented truck back to Sioux City.

9. The Morris family including the children and the dog, returned to their new home at 1140 Union on July 7, early evening. Diane spent the next day or two unpacking and organizing the house; the children played outside; and, Terry was pretty much incapacitated because he was having problems with his arm. He was receiving workers compensation at the time. No one from the neighborhood visited them. They had no phone. On the 9th, Diane went back to Sioux City with Terry who was scheduled to have surgery on his arm; he was hospitalized and they again returned to Boone on the evening of the 11th. The children had stayed with Amy during this trip to Sioux City.

10. The next several days were spent unpacking and organizing the house. For about the first week after the surgery, Terry was in bed recuperating from the surgery. He did go out to do some shopping several times. The dog was chained to a ground hook near the garage. About a week later, because some neighborhood children teased the dog, he was moved and chained to the garage. No one complained to the Morris's that the dog barked nor that he was wearing paint off the garage because of where he was chained. Amy visited Diane frequently after she got off work in the afternoon.

11. On July 16th, the Morris's drove to Sioux City to pick up the workers comp checks and to get Terry's cast removed. They left around 9 or 10 in the morning and returned after dark. Amy watched the children at 1140 Union and was there when they returned. Upon their return, Amy informed them that they had been served with an eviction notice. This was 10 days after they had moved in.

12. Diane was not shocked by the eviction notice. She felt unwanted in the neighborhood and had a bad feeling from the time they unloaded the truck. She had observed cars driving back and forth slowly past the house and felt they were just staring at them. One neighbor child told the Morris children to get out of Boone; a couple others called the children "nigger", including Joel Cox, son of Respondents.

13. The eviction notice ignited the problems between Terry and Diane. She blamed him, they argued; and, around August 5th Terry left. He returned to Sioux City and then to South Dakota. Diane and the children were left to face the eviction on their own.

14. Darrel and Patti Cox, husband and wife and both white, owned and lived in the house at 1136 Union Street next door to 1140 Union. Their son was named Joel. Their driveway was between the two houses. Otherwise the houses were fairly close together. The Morris house was on a comer directly across South Benton Street from the house of Lawrence Happel, also a white person. The Coxes moved into 1130 Union in August 1980. For almost eight months prior to that, they had rented 1140 Union from the Hoffmans. Darrel Cox is a law enforcement officer of the Iowa State Patrol and was serving as a community service officer. Patti Cox is a registered nurse employed by the Des Moines Area Community College in Boone as a clinical nursing instructor. Lawrence Happel was semi-retired.

15. When the Morris family moved in, the Coxes were on vacation. They did not return until late evening on July 10, 1985. When they returned home that evening they noticed lights on in the house at 1140 Union and a car in the driveway. On July 11th, Darrel mowed his lawn. He noticed that the children who had moved in were Black children. He noticed that the lawn at 1140 Union had not been mowed for quite some time. His own had not been mown for eight days. It should be noted that the Hesser's across the street had been gone for about two weeks and their yard had not been mown either. Several neighbors came over and talked with Darrel. Their main concern was who was living in the house at 1140 Union. Their expressed concern was that they saw "a Black man and a white woman with the moving van", and didn't know how many people were living there. The neighbors reported to Darrel that they had seen a Black man and two white women and seven children in the area of the 1140 Union residence. [Transcript 293]. It is noted that Terry, a Black man, and Diane, a white woman, and four children of mixed race were living in the house. Diane's sister and her two children who lived in Boone, all white, did visit at 1140 Union, but did not live there.

16. It should be noted that the Cox family arrived home late afternoon on July 10th. Diane and Terry Morris returned from Sioux City late on July 11th. The children and Amy Sinn were present at 1140 Union on the 10th and 11th. On the morning of July 12, 1985, the next day and less than a day and a half from the time they returned from vacation, Darrel Cox went to Clark Realty to talk with John Clark about the rental of 1140 Union. The rental precedent with the Hoffmans was that when renters move out, they help find other renters. The Coxes did so when they moved out. The last renter was Linda Henesco who moved out when she married John Clark. For that reason, Darrel Cox went to see John Clark. He said he wanted to know who was living at 1140 Union. When Darrel returned from the meeting with John Clark, he conferred with his wife, Patti Cox. At 12:30 p.m. on July 12, 1985, that same day, the Coxes placed a phone call to the owners of 1140 Union, Allen and Alma Hoffman in Scottsdale, Arizona. During that phone conversation, Patti told the Hoffmans that there was a Black man and two white women and seven children in and out of the house. Darrel stated that the purpose of calling the Hoffmans was to see who was living in the house, how many people were living in the house, and whether or not they had rented the house. The Coxes owned no interest nor had any rights in the property located at 1140 Union.

17. John Clark testified that on July 12th, Darrel Cox inquired as to whether or not there was an ordinance which would prevent two families from living in a house such as 1140 Union. He was told by Darrel that there was apparently a Black man and four children with a white wife and another lady with three or four children moving in. Sometime after the Coxes had called the Hoffmans, the Hoffmans called John Clark in a belligerent manner inferring he should have checked the renters out. They threatened to sue Clark. Clark found out about the eviction notice from Leonard Nelson, attorney for the Hoffmans, when Nelson called Clark and said that: "We're in a lot of trouble." Clark denies being a party to leasing the house to the Morris family. [Transcript 210].

18. Amy Sinn, sister of Diane Morris, helped in the moving and witnessed the people gathered in the yard of the Happels. Amy was staying with the Morris children on the day the Sheriff served the eviction notice. She had two children. Amy accompanied Diane to John Clark's office after the eviction notice. John did not deny or admit the reasons the Hoffmans gave for eviction was based on race. He said it was because of the lawn, junk cars, and such things. He did show Diane and Amy the non- discrimmation plaque that was posted in the Realty office.

19. One day when the Morris family returned from Des Moines, they found their dog frightened and cowering because someone had thrown bottle rockets at him. This was after the 4th of July. No one had ever complained to them about the dog. [Transcript 1491.

20. Gene Hesser, who lived across Union Street from the Morris family, had been on vacation and returned just after the Morris family moved in. Shortly after he arrived home, Lawrence Happel and another neighbor, Bob Greco, came over and expressed concern about a Black man, two white women and seven lads moving in. Later at work, he heard rumors that a petition was being circulated in the neighborhood to force the Morris family out and rumors of an eviction notice. He never saw the petition. Darrel's son had told him his dad was going to see John Clark. Gene Hesser did not know of any reason why the Morris family should be evicted. His wife, Karen, also knew of no reasons for the eviction. [Transcript 463]. Gene was concerned with what he felt were racist feelings in the neighborhood.

21. The Morris family felt and believed that there were neighborhood meetings held to discuss getting them out of the neighborhood. Hesser had heard rumors of such meetings but knew of none. [Transcript 252].

22. Leonard Nelson, attorney for the Hoffmans, prepared and had the eviction notice served. He claimed attorney-client privilege on questions relating to the Hoffmans' reasons for requesting that an eviction notice be served.

23. Darrel Cox stated that he was concerned about the lawn, the dog, toys in the driveway, the fact that they didn't know who was living in the house. [Transcript 333].

24. On July 11 th, Patti Cox observed the lawn needing to be mowed, the dog, and seven children. On the 12th, they were going to see John Clark to find out if he had rented 1140 Union. She said the neighbors were confused as to whom had moved in. Darrel reported to Patti that Clark had not rented the property. They decided then to call the Hoffmans and Patti initiated the call at 12:38 p.m. on July 12, 1985. They talked for 13 minutes. Patti stated that her inquiry of the Hoffman's was: "I'm calling to inquire about your rental policies." When Mrs. Hoffman asked: *Why? What do you see?", Patti described the occupants of 1140 Union "to be a Black man and a white woman and four children, and another white lady with three children to be there frequently. " She also reported that there was a dog in the backyard and that the lawn had been umnown. [Transcript 350].

25. Patti Cox stated that the call to the Hoffmans was also based on the confusion expressed by the neighbors as to the tenants of 1140 Union, i.e., a Black man, white woman, four children, and frequently another white woman and two children. Neither Patti, Darrel, or any of the neighbors who expressed confusion as to the actual tenants at 1140 Union walked across the driveway or across the street to introduce themselves and find out who actually was renting that house.

26. Diane and the children, without money or a place to live, were forced to sell or give away most of the furniture they owned; she had to sell her daughter's hamster farm; she had to pawn her wedding ring for $20.00. They were forced to move into a one-room motel room at the Shangri-La Motel in Boone, not one of Boone's finest. Both Diane and Terry were observably emotionally distraught in testifying about the problems caused as a result of the eviction. It should be noted that the four Morris children were present in the courtroom throughout the hearing and were exceptionally attractive children and remarkably well behaved.

27. The Morris family believed that formal meetings were being held to discuss their removal from the neighborhood. There were get-togethers for various reasons - just talking, picnics, fixing kitchens - but the neighbors all testified that there were no formal meetings, not even discussions of the Morris family. It is admitted that the Morris family was invited to the Block picnic. This occurred after the eviction notice had been served.

28. On August 5th, when Diane and Terry were having the argument which resulted in his leaving, the Morris family believed that the Cox family and some neighbors were looking in their windows from the driveway and that Darrel Cox said, "We should try harder to get them out of Boone." Terry Morris, Jr. so testified, [Transcript 120].

29. No other Black persons lived in the neighborhood of 1140 Union Street, Boone, Iowa.

30. John Pulver, age 14 and a neighbor behind the Morris house, testified that some of the neighborhood kids teased the Morris children and called them nigger. The children would go in the house crying. John witnessed some kids shoot fireworks at the dog. He testified that Joel Cox would not play with the Morris children because they are Black. [Transcript 430]

31. Lawrence Happel admitted telling neighbors that "a dark man and a white woman and four dark children, and there was three extra children living there, white - or was there but I didn't think they were living there." [Transcript 475].