OC BLOG

 
 

The State Gone Crazy

Posted by: Jubal | 07/11/2008 11:17 AM

There's a virulent strain of thought on the American Left in which the elimination of discrimination of any kind trumps our constitutional rights.

Here in Orange County, that strain is malignantly embodied in the  state Department of Fair  Employment and Housing 's persecution of OC property owner Daniel Bader. As readers may be aware of via media reports, the state filed suit against Bader last December for allegedly "discriminating" in a Craigslist add for a granny flat on his property. Per the comment Mr. Bader just posted:

Just in case you missed it, the State of California filed a discrimination lawsuit against me (Daniel Bader), a OC homeowner with a mother in law rental unit in the back of my house, in OC Superior Court on November 30, 2007.

Even though the State investigator for the Department of Fair Employment and Housing (DFEH) found no evidence of past or present discriminatory practices, DFEH Chief Counsel, Paul Ramsey, Esq., and staff attorney, Ralph Tsong, Esq., still felt compelled to file the lawsuit anyway.

The State alleges that an 8 word phrase I used in a Craigslist rental posting in 2006 amounted to discriminator advertising ("perfect for 1 or 2 professonal adults") on the basis of familial status. The State is seeking 'unlimited damages'. The 5 day jury trial is set for January 5, 2008.

Mr. Bader maintains a website providing a treasure house of info on the state's war against him.

Is the state's action insane? Of course. Unexpected? Of course not. When "discrimination" is elevated too the status of ultimate societal evil, we should be surprised when government forbids the reasonable use of ones property, or redefines an utterly ancient human institution, in the name of combating discrimination. That turns the government into a weapon to our fellow citizens to impose on us their choices about our own property.

It's cases like this that make Kurt Vonnegut classic story "Harrison Bergeron" look less and less like fiction and the year 2081 too near for comfort.

In any case, I encourage readers to visit Mr. Bader's website and contact him to see how they can help.

Comments

Richard Spix said:

Mr. Bader is a recently licensed real estate agent whose training supposedly includes how to avoid the notorious real estate practice of "steering". In California it is illegal to discriminate against children, or try to steer them away from your business. The blog does not accurately quote Mr. Bader's two ads, one expressing a preference for one or two adults, and the other preferring "professionals". Children are not included in the term professionals. Similarly, landlords use a substitute for child discrimination by imposing artificially low occupancy restrictions. Thus, Mr. Bader's limit of "one or two" occupants in his two bed room unit on Newport Peninsula is discriminatory. He rails mightily against the state, when a real estate professional need only BE professional to avoid liability. I note that neither the Register, nor the LA Times would permit Bader's ads as a policy matter. It is only on the "new wild frontier" of the internet that Bader could hope to get away with his child discrimination which has been illegal in CAL since 1983.

redperegrine said:

Say Richard, weren't you the legal brain behind this transparent shake-down (at 350 bucks an hour)?

Fortunately Mr. Bader on his website provides accounts of his discussions with gov't housingcrats. The only word that suitably describes his experience is: extortion.


Richard Spix said:

I didn't have anything to do with writing Bader's ad. At least I use my real name and say, is it any indication of a lack of intelligence that Bader is a recently licensed real estate agent? And why would he misstate his own ads? A guilty mind? Also just keep giving to his "defense fund" that is unmonitored, you've already paid for a real nice cross-complaint that the judge has found to be frivolous. "Full employment for lawyers!"

Richard Spix said:

Bader's "extortion" argument was rejected by the OC Judge when he struck his cross-complaint against the state. This is because the investigating agency is entitled to recoup its resources spent on Bader's frivolous cross-action as a matter of law. Here's good recent case:
On Thursday, July 10, 2008 a federal court jury sitting in Columbus, Ohio returned verdicts totalling $11 million against the City of Zanesville, Ohio, Muskingum County, Ohio, and the East Muskingum Water Authority for illegally denying water service to a predominantly African-American community on the basis of race. Jerry Kennedy, et al. v. City of Zanesville, Ohio, et al. Case No. 2:03-cv-01047, S.D. Ohio. The sixty-seven plaintiffs in the case alleged that the City of Zanesville, Muskingum County, and the East Muskingum Water Authority refused to provide them public water service for over fifty years because they live in the one predominantly African-American neighborhood in a virtually all-white county. The jury also awarded $80,000 IN DAMAGES TO Fair Housing Advocates Association, a fair housing agency that assisted the plaintiffs by conducting an investigation and assisting them with their administrative complaints before the Ohio Civil Rights Commission. The Ohio Civil Rights Commission was also a plaintiff in the case, and received a verdict in its favor.
I didn't become involved in Mr. Bader's case until after he served OC Fair Housing's CEO with his cross-complaint seeking unlimited damages against her, AFTER HE HAD ALREADY LOST AGAINST THE STATE. Would a reasonable person think that their losing arguments can be saved if only they repeat them enough? Does Mr. Bader just need to borrow my shovel to dig his own hole deeper? Does this reflect on the quality of Mr. Bader's representation? Ironically, Mr. Bader continues to cry extortion even though the state did not seek its attorney fees against him for his frivolous cross-complaint, which it had a right to. So, you taxpayes just donated the AG's costs and fees to Mr. Bader. Way to go, much better than investing in public transportation or some other needed items in CAL. Just 'cause it's the Red County doesn't mean that you don't have to think. You may not like the law that Reagan signed prohibiting discrimination against kids, but if you decide to do business, you have to comply with it.

redperegrine said:

Say Richard, you don't happen to know Nativo Lopez, do you?

Jubal said:

Yep, Richard: God knows a citizen of a free nation shouldn't have the liberty not to rent his or her granny flat to someone with children.

Let's say I have a granny flat in my backyard that I'd like to rent out. And that I also have a pool that is unfenced because I have (in this example) no children at home. Should I have rent to someone with a child and thus expose myself to liability issues? Should I be allowed to discriminate against potential renters with children who don't know how too swim? Or make swimming lessons a condition of renting the place? Or will I be forced to install a safety fence that I don't need?

You Nanny Staters either don't understand, or don't care -- or both -- how these intrusive petty anti-discrimination policies place more and more of our ordinary decisions under the purview of government minders.

Daniel Bader said:

Dear Mr. Spix,
Ms. Pierson has already stated that I was 'targeted' because I was a real estate professional. I had a temporary license at the time and had never listed a home, rental or any other housing accomodation other than my 3 room apartment in back of my house.

And your argument about children not being 'professionals' in curious. I don't know how many children are perusing Craigslist looking for rentals, do you? Also, by your measure, anyone who advertises for "Students" is also in violation of discrimination laws.

And what about the plethora of ads written totally in Spanish? You don't target those people, do you?

Your writting style and tone sound a lot like Ms. Pierson's? You know, the former Fair Housing Counsel CEO who paid you $350/hour and who you cohabitate with?

We'll see what a jury will think of this wholly frivolous lawsuit, won't we?

Shakedown said:

100% total shakedown; Jesse Jackson should be proud.

What an abuse of a system that is supposed to protect, but instead is being used to prey.

$350/hr... how can you sleep at night?

Richard Spix said:

"Students" may be either minors (required by law to attend) or adults (voluntary). Regardless, try the "everyone else was speeding" defense on the next cop you see. An unfenced pool also violates the law, 'cause you can't be watching all the neighborhood kids all the time now can you? Check with your local code inspector. What is petty to you is chilling to the families with children that just want a place to live. Pierson writes much better than I (too much passive voice), and your fabrications of pay are known by you to be false based on your review of the court file. By the way, you should not communicate with me directly, your attorney can tell you why, just lose my email. Thanks. See you on Aug 15 where the same judge will decide whether your complaint against Ms. Pierson is as bogus as it was when the state was there in April. And it won't have anything to do with how far you can put youe nose up Ms. Pierson's pantyhose.

Daniel Bader said:

Dear Mr. Spix, AKA the self-appointed Traffic Cop,
I wasn't speeding. You just said it 'looked like' I was speeding. Then you billed me $4,000 plus 5 years of traffic school to be taken at $250 a class through your own organization. Then you had the State try to collect your preposterous fee under the threat of legal action against me.
Now, you can jump up and down and shout 'speeder', 'speeder', 'speeder, all you want. Sorry, I don't think a jury will buy it. And the transcripts of the State's anti-SLAPP motion are on my website for anyone interested to read. In no uncertain terms, the judge made it very clear that he would 'welcome an appeal' as he was shocked to learn that the State has given itself absolute immunity. We'll see if he thinks the same for a cash strapped, private corporation.

redperegrine said:

"And it won't have anything to do with how far you can put youe nose up Ms. Pierson's pantyhose."

Richard, that's just a little weird. Thanks for the mental image - but it's you I keep seeing.

BTW, do you know Nativo Lopez?

Daniel Bader said:

Mr. Spix,
What's it going to take for you to understand? It took me less than two minutes to pull these two Craigslist rental ads up.

$2800 4 BR 3 BA Close to Fwy 5 Culver UCI/IVC (IRVINE) (map)

Reply to: hous-733516031@craigslist.org
Date: 2008-06-26, 11:02AM PDT

Conveniently located in quiet community, walk to association pool,park and transportation. Detached home. Looking for responsible students. Call for details. 949-295-0572

$2100 / 3br - Laguna Hills Beauty (Laguna Village) (map)

Reply to: hous-745199535@craigslist.org
Date: 2008-07-07, 1:05AM PDT


Great View Home in Laguna Village. This beautiful unit has a very unique view of greeneries and trees from every room. Very private with no one behind you. This upgraded home has 3 bedrooms, 2 Bathrooms, and about 1,460 square feet. The home has been upgraded with new Paint & Carpet, new Granite Counter Top, Dishwasher, Microwave, new Tile Flooring in the kitchen and bathrooms, and much more....

This property has great association amenities, Pool, spa, Tennis Court, and is only 5 minutes away from Irvine Spectrum. It is a perfect location for UCI students, and it is available on July 1st. For more information, please call (714)746-2424.

How many minors do you know attend UCI? chilling, isn't it?

redperegrine said:

You know, Daniel, I feel compelled to apologize for my earlier extortion and shakedown comments. They do an injustice to gangster protection rackets everywhere - those really are "just business."

OTOH you have run afoul of an attitude that combines self-interest and self-righteousness in a most unpleasant way. It really is personal, obviously, which is a shame since your adversaries are able to deploy the police powers of the State bureaucracy (paid for by lots of little guys just like you) to bleed their opponents dry.

Good luck!

Daniel Bader said:

Red,
Actually, anyone can form a non-profit corp. for as little as $900. Simply call it Discrimination Busters, Inc and create a righteous sounding Mission Statement like, We're Here to Wipe Out Discriminatory Advertising. Then, just sit back in your PJ's and cruise Craigslist's fertile field of ads that simply 'sound' discriminatory (not to mention the dearth of ones that really do state a preference. I've posted dozens on my website) and simply file a one page, template complaint with the State. The State doesn't require the accuser (the FHCOC in my case) to prove up his 'out of pocket' monetary demands, but simply threatens legal action if the accused doesn't pay whatever demand the non-profit is says it cost them to open a file, investigate and send out a few dozen, black and white Xerox flyers into the community. Wow, now that's one heck of a business model.
I appreciate your support. Thank you.

Daniel Bader said:

Hey! Mr. Spix. I found this ad on Craigslist this morning (it took 5 seconds). Sounds like 'steering' to me. What do you think? Should I file a $4,000 complaint?


$1325 / 2br - **** Lindo y Bien Localizado Aprt. **** (Anaheim) (map)

Reply to: hous-729797036@craigslist.org
Date: 2008-06-23, 11:35AM PDT

Bien Localizado Departamento para alquilar.

2 Dormitorios, 1 bano, sala, area de servicio y garage.

Alquier: 1,325.00
Deposito 1,000.00
Horario de atencion: Lunes a Viernes de 7:30 a 12:00 y de 13:00 a 16:30
**** ACEPTAMOS HOUSING *****


2025 E. Balsam Ave, at State College / 91FWY google map yahoo map

Daniel Bader said:

This just in: Ms. Pierson, Esq, the former Fair Housing Corporation CEO who Mr. Spix is representing against me has just filed a cross complaint against the FHCOC board members with no less than 14 causes of action. She's covered just about the entire spectrum of charges including; Racial Discrimination, Disability Harassment, Racial Harassment, Racial Retaliation, etc. You see, the Board members are made up of African Americans and Hispanics.
Well, certainly, Ms. Pierson is a discrimination expert. However she is under awful lot of , heavy, heavy medication, according to the court docs.
Mr. Spix, you don't think the massive amount of pain killers she's taking has clouded her judgement, do you?
Anyway, for anyone interested, you can read the entire complaint on my website stategonecrazy.com.

Leave a comment

 

Type the characters you see in the picture above.

 

SPONSORED LINKS

Community: Get Involved

Blogpen Login RSS Feeds Daily Dose
Please Enter Your E-Mail Address


Advertise Here

Comments

Biff commented about

My Take On The Anaheim City Council Race

08/20/2008 7:42 PM

colony rabble commented about

My Picks For Anaheim City Council: Harry Sidhu And John Karczynski

08/20/2008 7:16 PM

MrWhipple commented about

Greenhut's Broad Brush

08/20/2008 6:44 PM

Jubal commented about

Greenhut's Broad Brush

08/20/2008 6:00 PM

Carolyn Cavecche commented about

A Farewell To The LA Times' David Reyes

08/20/2008 5:07 PM

Daniel commented about

My Take On The Anaheim City Council Race

08/20/2008 4:56 PM

MrWhipple commented about

Greenhut's Broad Brush

08/20/2008 4:54 PM

Daniel commented about

My Picks For Anaheim City Council: Harry Sidhu And John Karczynski

08/20/2008 4:49 PM

Jubal commented about

Greenhut's Broad Brush

08/20/2008 4:10 PM

Travis commented about

Greenhut's Broad Brush

08/20/2008 4:02 PM

Brett R. Barbre commented about

A Farewell To The LA Times' David Reyes

08/20/2008 3:53 PM

Jubal commented about

Greenhut's Broad Brush

08/20/2008 3:20 PM

Travis commented about

Greenhut's Broad Brush

08/20/2008 3:14 PM

Dan Chmielewski commented about

Profiles Of OC's Democrat and GOP Nat'l Convention Delegates

08/20/2008 3:01 PM

Dan Chmielewski commented about

O.C. MOVIE PREMIERE: "Blocking the Path to 9/11"

08/20/2008 2:59 PM

Categories

1st Supe District Watch (149)
1st Supervisor District (19)
1st Supervisor District Special Election (350)
2006 Races (1)
2007 Wildfires (11)
2008 Elections (136)
2010 Elections (1)
241 Tollroad (66)
33rd Senate District (11)
34th Senate District (6)
4th Supervisor District (1)
AD60 Watch (69)
AD71 Watch (103)
AD73 Watch (17)
Add category (1)
AHUSD Special Election Drive (9)
At The Trough (92)
Blogworld Expo 2007 (1)
Buena Park (1)
California Stuff (290)
Carol Rudat (6)
CD46 Watch (19)
CD47 Watch (11)
CUSD Recall (27)
Daily News Roundup - 2008 (181)
Daily News Roundup -- 2007 (309)
Debbie Cook Ballot Title Lawsuit (3)
Erwin Chemerinsky (1)
Fairness Doctrine (1)
FEATURE (36)
Fullerton (3)
Fund 130 Watch (1)
Garden Grove (2)
General OC Stuff (68)
Greeniacs (8)
Harkey Agonistes (8)
In re Rachel Home School Ruling (1)
Irvine Mayor's Race (4)
Ladera Peaker Plant (1)
Leftosphere (2)
Liberty (64)
Loretta for Governor (2)
Making of the President (51)
Making of the President 2008 (67)
Measure D (1)
Measure M Renewal (1)
Mike Carona (62)
Monsignor John Urell (13)
National Stuff (57)
Nativo Lopez (1)
Newport Beach (1)
News (31)
Nimby Mouse (45)
NIMBY Watch (1)
OC Blogosphere (60)
OC Blogpourri (7)
OC Judge Races (40)
OC Parks (2)
OC Register Website Lameness (2)
OC Sheriff's Department (47)
OC's Next Sheriff (83)
OC/DC (17)
OCTA (20)
Old School (4)
OUSD (14)
Politics Behind the Orange Curtain (519)
Property Rights (14)
Raymond Chandler Quote of the Week (28)
Red County blogs (5)
Red County magazine (3)
Red County Radio (25)
Retroactive Pension Rescission (23)
SanTana (4)
SD29 Watch (7)
SD33 Watch (97)
SD34 Watch (1)
SD35 Watch (13)
Steve Ambriz (1)
Tan Nguyen (1)
The 3rd Floor (6)
The 5th Floor (146)
The New Majority (3)
The Perils of Chriss Street (29)
The Sheriff's Race (2)
Theo Lacy (1)
TIN CUP 2 (16)
Transportation (31)
Viet Politics (41)