Assistant Attorney General for Civil Rights Thomas E. Perez and United States Attorney Barbara L. McQuade Announce Renewed Efforts to Enforce Civil Rights

Today, United States Attorney Barbara L. McQuade, Assistant Attorney General for Civil Rights Thomas E. Perez, and Special Agent in Charge Andrew G. Arena, Federal Bureau of Investigation, announced the creation of a civil rights unit in the Eastern District of Michigan. This is a renewed effort to ensure that all citizens enjoy the rights and freedoms guaranteed by the Constitution and laws of the United States.

The United States Attorney’s Office is committed to increasing its efforts in the area of civil rights enforcement. Earlier this year, United States Attorney McQuade announced a restructuring of the office which included the establishment of a Civil Rights Unit. That unit is headed by Assistant United States Attorney Judith Levy. It will handle investigation and litigation of housing discrimination cases under the Fair Housing Act, discrimination by mortgage lenders and small business lenders under the Equal Credit Opportunity Act, violations of the Americans with Disabilities Act, violations of the Uniform Service Members Civil Relief Act, employment discrimination and police misconduct, among others. The Civil Rights Unit complements the work of our criminal civil rights attorney, who focuses on hate crimes and police misconduct. In addition, the office has set up a hotline where citizens can call in to report suspected civil rights violations. The number to call is 313-226-9151.

The Civil Rights Division of the Department of Justice and the United States Attorney’s Offices have enjoyed a long successful history of working together as partners in prosecuting civil rights cases. Along with our partners at the Federal Bureau of Investigation and the Department of Housing and Urban Development, we are using our existing authority to bring individuals to justice who commit hate crimes and engage in unlawful conduct.

Fighting illegal housing discrimination is a priority of the Justice Department. The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. The United States Attorney’s Office and the Civil Rights Division have prevailed in a number of fair housing cases with the most recent being the August 6, 2010 favorable jury award to victims of housing discrimination in Ypsilanti, Michigan. In this particular case, the jury found that Glenn Johnson subjected female tenants to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment, in violation of the federal Fair Housing Act. The complaint also alleged, and the jury agreed, that Ronnie Peterson and First Pitch Properties LLC, the owners of the properties, are liable for Johnson’s discriminatory conduct.

In another case, the Justice Department and the United States Attorney’s Office settled a case alleging racial discrimination involving an apartment complex in Ann Arbor, Michigan. The owners and operators of Ivanhoe House Apartments agreed to pay $82,500 to settle a lawsuit that alleged that they had discriminated against African American home-seekers in denying them housing based upon their race, in violation of the Fair Housing Act.

In a case involving a violation of the Americans with Disabilities Act (ADA), the Department of Justice was successful in obtaining amicus status in a civil rights case brought by Sacred Heart Rehabilitation Services (Sacred Heart Rehabilitation Services v. Richmond Township). In this particular case, Sacred Heart alleged that it was denied a zoning permit because it services individuals with substance abuse issues. The government’s brief was filed in response to a motion to dismiss, which United States District Judge Marianne O. Battani denied. The case is currently set for trial for October 25, 2010.

The prosecution of hate crimes, which can strike at the heart of communities and tear apart neighborhoods, is also a top priority. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 provides critical new tools for hate crimes prosecutions. The Shepard-Byrd Act allows for the federal prosecution of violent bias crimes based on race, color, religion, national origin, gender, sexual orientation, gender identity or disability. On September 7, 2010, United States District Judge Thomas Ludington in Bay City, Michigan ruled in favor of the Department of Justice, dismissing a complaint that questioned the constitutionality of the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009. The judge ruled that plaintiffs lack standing to challenge the Act because they did not allege that they intended to violate it, and because it is entirely speculative that their conduct would ever be prosecuted under the Act.

In addition to the cases we have resolved, the office has important ongoing ADA and fair housing investigations, a fair lending investigation, and hate crimes investigations. We also continue to focus on the enforcement of the Detroit Police Department Consent Judgment.

The renewed mission of the Department of Justice’s Civil Rights Division and the United States Attorney’s Office will ensure that many of our nation’s most critical and treasured laws continue to fulfill their purpose of advancing equal opportunity and protecting the rights of every American.