ALLEN CHRISTOPHER DAVIS, Complainant,
and
IOWA CIVIL RIGHTS COMMISSION
vs.
LOCAL P-3 RETIREES, INC., Respondent.
I. JURISDICTIONAL AND PROCEDURAL FACTS:
A. Subject Matter Jurisdiction:
1. Complainant Davis alleges that Respondent Local P-3 Retirees, Inc. effectively denied him rental of the Respondent's hall through different treatment on the basis of race because he was required to hire police officers as security in order to rent the hall. He also alleged that Jessie Taken, who was acting on behalf of the Respondent, made blatant discriminatory remarks regarding Blacks renting the hall. (Notice of Hearing-Complaint). These allegations bring his complaint within the subject matter jurisdiction of the Commission. See Conclusions of Law Nos. 1-2.
B. Procedural Matters:
2. Complainant Davis filed his complaint against Local P-3 Retirees, Inc. with the Iowa Civil Rights Commission on September 3, 1992. The date of the alleged discriminatory failure to rent is on or about August 20, 1992. Thus, the original complaint was filed less than one hundred eighty days after the alleged act of discrimination.
3. The complaint was investigated. After probable cause was found, conciliation was attempted and failed. Notice of Hearing was issued on July 13, 1994.
II. BACKGROUND:
4. Complainant Davis, a Black male, has lived in Cedar Rapids, Iowa for approximately seven years with Andrea Arneson, a white female, and their two children. (Tr. at 6). Complainant Davis has a college degree in communications from Kirkwood Community College. His original major was in criminal justice as, at one time, he wished to be a police officer. (Tr. at 7).
5. Complainant Davis has been active in community activities which oppose criminal gangs in the Wellington Heights residential area of Cedar Rapids. (Tr. at 8, 54, 56). In the summer of 1992, gang activity in this area became well-known and publicized for the first time. (Tr. at 53). The participants in the hearing were aware that these gangs were believed to be Black gangs. (Tr. at 94-95).
6. Respondent Local P-3 Retirees, Inc. is a nonprofit corporation. (Tr. at 117). It's membership is composed of approximately 5000 former employees of the Cedar Rapids meatpacking facility previously operated by Wilson and Company and Farmstead. (Tr. at 83, 116, 118). Eligibility for membership in the Respondent is held by anybody who was ever a member of the former union local at this facility or their spouses. (Tr. at 85). The last such union local reflected in the record was UFCW Local P-3. (Tr. at 114-116). The purpose of the corporation is to provide the former union hall as an asset for the use of the former union members. (Tr. at 117-19). Various activities of the organization, such as bingo, are held there. (Tr. at 119). The hall is located in a business area at least 25 blocks from Wellington Heights. (Tr. at 55-56). The Respondent's address is 116 14th Avenue S.E., Cedar Rapids, Iowa 52405. (Notice of Hearing-Complaint).
7. Twenty-five to thirty percent of the membership are minority persons. Minorities, Blacks and Hispanics, have held office in the Respondent's organization and were active in the predecessor union. (Tr. at 84, 90, 139-41). The union was an active supporter of civil rights. (Tr. at 140).
8. In order to finance the maintenance of the union hall, it is also rented out for various functions. Ron Sevening, Jessie Taken, and Dale Bevill are the three persons authorized to make reservations for the hall. (Tr. at 98, 105, 109, 111, 120). Their race is not set forth in the record but, from the visual observation of the administrative law judge, they appear to be white. Each of these individuals has a calendar on which to record reservations they make. They meet periodically to reconcile their calendars. (Tr. at 105-06, 124). These individuals' telephone numbers are given in a recorded message on an answering machine at the union hall. The message indicates they should be called if a person wishes to rent the hall. The message is given if no one answers the telephone at the hall. While there is a calendar of scheduled events at the hall, the record does not show whether or not it is normally kept up to date. (Tr. at 108-09). If a call concerning a rental were answered by someone at the hall, the inquiry is to be referred to one of these individuals as opposed to being written on the hall calendar by whomever answers the telephone. (Tr. at 98, 109).
9. On April 20, 1992, the Respondent's Board, which included Jesse Taken, passed the following motion concerning the rental of the hall:
[T]hat no parties be held on the premises where liquor would be sold. If the subject of selling alcohol or suspicion of selling was brought up during the rent interview than rent of the hall will be denied on that basis. The rental contract clearly states no selling of alcoholic beverages on premises. Security would have to be hired.
R. EX. D (Minutes of Board Meeting of April 20, 1992).
10. This motion was passed due to parties resulting in damages to the premises. A Halloween party was thrown by Quality Electric in 1991 which resulted in "a total disaster." Damages included broken bottles, holes in the walls, broken tables, a thermostat ripped off the wall, and bottles and glass inside and outside, including a parking lot filled with glass. (Tr. at 122, 149, 155-56). There is no evidence in the record to indicate that Quality Electric is associated with persons of any particular race. Another such party was a graduation party thrown by George Leach, a Black male, for his son. (Tr. at 126-27, 148-49). Ms. Taken had informed them that no liquor would be sold, but liquor was sold or brought in because several broken liquor bottles were found in the garbage cans. Several tables were turned upside down and the place was generally a mess. The participants had to be told at 2:00 a.m. to leave while Ms. Taken, Ron Sevening, and Jim Cavay cleaned the hall. (Tr. at 127).
11. In August of 1992, Complainant Davis was still attending Kirkwood. Complainant Davis and Joe Ingram, who is a Black male, decided to have a back to school party. (Tr. at 9, 59) . Davis had learned about the P-3 hall from an acquaintance. He phoned the hall and was informed of a telephone number to call for reserving the hall for a party by an answering machine message. (Tr. at 12). While Davis' testimony is that he called this number and spoke to Jessie Taken, it appears more likely that he was contacted by Ms. Taken after leaving a message with Ron Sevening. (Tr. at 12-13, 128). It is more likely that he first contacted Sevening as the reservation entry was made on Sevening's calendar, not Taken's. (R. EX. A; Tr. at 125). In any event, he spoke to Jessie Taken by telephone. (Tr. at 12-13, 128). Jessie Taken and Complainant Davis discussed when he wanted to have it, when he could pick up the keys and make the deposit. (Tr. at 13). He was able to reserve the hall at that time. (Tr. at 13-14). His name was placed on the calendar for Saturday, August 22, 1992 . (R. EX. A; Tr. at 40-41, 98, 125).
12. Complainant Davis and Joe Ingram went to the P-3 hall in person on Thursday, August 20, 1992, to pay the deposit and pick up the keys for the hall. (Notice of Hearing-Complaint; Tr. at 41-42, 63, 84, 86,119, 130-31, 147-48). Ultimately, however, they were not able to rent the hall because they could not afford to pay for two Cedar Rapids police officers to provide security at the party as required by Respondent P-3 Retirees, Inc. (Tr. at 29-30). The reservation made was then canceled, leaving the hall open for others to rent on August 22nd. (R. EX. A; Tr. at 125). Whether this requirement of two Cedar Rapids Police officers for security at parties is applied equally to those who wish to rent the hall, without regard to race, is in dispute.
III. OFFICIAL NOTICE IS TAKEN OF FACTS REQUESTED IN THE COMMISSION'S
NOTICE OF SEEKING OFFICIAL NOTICE:
13. On February 25, 1995, the Commission filed a Notice That Iowa Civil Rights Commission Will Seek Official Notice of Facts Within the Specialized Knowledge of the Agency. (Notice of 2/25/95). The Notice was not resisted by the Respondent. Therefore, official notice is taken of the following facts, as listed in the Notice, which are within the specialized knowledge of the agency:
1. A common racial stereotype in America is that young African-American men are more likely to be criminals and/or members of criminal gangs than other members of the public.
2. A common racial stereotype in America is that young African-American men are more likely to cause public disturbances than other members of the public.
3. A common racial stereotype in America is that young African-American men are more prone to violence than other members of the public.
4. The above common stereotypes of young African-American men are specific to sex, race, and age. The above described stereotypes are not as pervasive with respect to young European-American men, elderly African-Americans or female African Americans.
(Notice of 2/25/95).