Federal Judge Dismisses Suit Against Newspapers
Fair Housing Council of Philadelphia Does Not Have Standing In Real Estate Ad Complaint.
A federal judge Monday dismissed a suit by the Fair Housing Council
of Suburban Philadelphia against Montgomery Newspapers, publisher of
this newspaper.
The suit alleged that the newspapers and their publisher printed
discriminatory real estate advertisements and made false statements
about the council in the newspapers and in testimony before the
Pennsylvania Legislature.
Judge Clarence C. Newcomer of the U.S. District Court granted a motion
for summary judgement by the newspaper company and co-defendants Arthur
W. Howe, publisher of the newspapers, and Naomi Brownstein, former
classified advertising manager.
The council does not have standing to bring any of the claims in its
complaint, Newcomer said is his order.
"In this case," he wrote, "plaintiff has not set forth any evidence
indicating that it has suffered...an 'injury in fact' from defendants'
newspaper publications or statements to legislators. The deposition
testimony offered by plaintiff reveals instead that plaintiff has
not lost any revenue, income, government contracts, or members as a result
of the publications and statements at issue."
Howe said the newspapers "believe that housing discrimination is
reprehensible and that certain code words in housing advertisements can
serve to discourage families and minorities from housing opportunities. We
try our absolute best to keep this kind of wording out of the papers."
"But that does not give these fair housing groups the right," he said, "to
go around threatening newspapers and real estate professionals with lawsuits
unless they fork over thousands of dollars."
"From everything we've been able to determine, the money is used not to
compensate someone discriminated against but to finance the operations
of the fair housing group. We refused to cooperate and spoke in favor of
state legislation that would curb these practices, and we got sued in the
process for our positions."
Reuben A. Guttman of Provost & Umphrey, attorney for Montgomery Newspapers,
called Newcomer's order "precedent-setting."
"We think that the newspaper group made the right decision to stand up for
its rights," Guttman said. "We believe civil-rights laws are important and
sacred laws, but they should be used to protect people who have been
discriminated against and not as trip wires for the unwary by parties that
do not have any injury."
Samuel Klein of the Philadelphia law firm of Dechert Price & Rhoads, a
recognized expert in laws affecting publications, called the order a "big
loss" for the fair housing group. "If Judge Newcomer's decision is upheld,"
he said, "that will be the end of these lawsuits."
The newspaper learned of the order late Tuesday. Efforts at that time to
reach Cliff P. Boardman, attorney for the Fair Housing Council of Suburban
Philadelphia, were unsuccessful.
The advertisements at issue in the claim included words such as "mature
person," "ideal for quiet & reserved single and-or couple," "professional
male," and "mature setting."
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