Guest Opinion: Weaker Anti-Discrimination Policy is Bad for Missouri

by Rachel Boeglin

HB205 and SB188 are harmful to the state of Missouri, its employees, and even to those looking for housing.

These bills change the language of the Missouri Human Rights Act to make it harder to prove discrimination.  If these bills succeed, instead of showing that discrimination was a “contributing factor” in an adverse action, victims of discrimination will have to show that discrimination was the “motivating factor”.  As the burden is already on the victim to prove discrimination, this change in language makes it much harder to prove that discrimination is the majority of the reason for the resulting firing or unequal treatment in employment or in housing. The bills make it easier for employers and housing providers to hide behind a pretext, or even simply ignorance of the law.

Despite the fact that this legislation has been brought to the table with the guise of bringing state law closer to that of federal law, it ironically may do the opposite, making state law no longer substantially equivalent to federal law. According to the Committee on Legislative Research’s Oversight Division, this would mean the loss of over $1.1 million, via the withdrawal of funding from H.U.D. and the E.E.O.C. to the Missouri Commission on Human Rights.

This loss of funds could even lead to the closing of the Missouri Commission on Human Rights, thus requiring that victims of discrimination file cases with H.U.D. and the E.E.O.C., federal entities that can already be overwhelmed. This, in turn, could also lead to Missouri discrimination cases being evaluated by out of state assessors.

The bills have other very negative impacts on employment, such as the capping of punitive damages that can be charged to discriminating employers and erasing individual liability against discriminators.

As of April 18th, Missouri Governor Jay Nixon has fifteen days in which to either approve or veto the bill.  Concerned Missouri citizens can contact the governor’s office to encourage a bill veto.

—

Rachel Boeglin is a senior social work major at St. Louis University, currently completing her practicum at the St. Louis Metropolitan Equal Housing Opportunity Council (their mission is to “ensure equal access to housing for all people through education, counseling, investigation and enforcement”).

Readers Optimistic We Can Elect More Independent Candidates

Yesterday Scott Ogilvie was sworn in as alderman in St. Louis’ 24th ward.  Ogilvie is a political independent, whereas the 27 other aldermen are Democrats. Republican Fred Heitert was defeated by Democrat Larry Arnowitz earlier this month.

Q: Can we elect more Independent candidates like Scott Ogilvie to the St. Louis Board of Aldermen?

1. Yes, bright young candidates free of the local Democratic machine can be elected again 66 [61.68%]
2. Maybe, but Tom Bauer winning the Democratic primary helped Ogilvie win 21 [19.63%]
3. No, won’t happen again for years 5 [4.67%]
4. Unsure/no opinion 5 [4.67%]
5. I hope not. We need to stick to electing democrats. 5 [4.67%]
6. Other answer… 5 [4.67%]

Clearly most who voted were optimistic as a result of Ogilvie being elected.  The combination of a fresh face, hard work and Bauer winning the March primary got Ogilvie elected.  Ogilvie could have beaten Waterhouse, but it would have been very close. Interesting that so few think we should stick with Democrats.

The five other answers were:

1. Democrats are sooo last century!
2. I hope so.
3. who cares
4. Yes, but most likely only in a few South City wards and the central wards.
5. Too many wards in the city…

Hopefully we will have more Independent candidates in 2013 — start planning now!

– Steve Patterson

Century SLAPP Suit Six Years Old Today

Six years ago today  a “malicious prosecution” lawsuit was filed against two downtown residents/property owners over their earlier lawsuits questioning the legality of the deals that ultimately led to the razing of the historic Century Building (case #22052-01373).  Marcia Behrendt & Roger Plackemeier, both friends,  remain defendants today. The plaintiffs have delayed the case numerous times over the years.

To win a suit for malicious prosecution, the plaintiff must prove four elements: (1) that the original case was terminated in favor of the plaintiff, (2) that the defendant played an active role in the original case, (3) that the defendant did not have probable cause or reasonable grounds to support the original case, and (4) that the defendant initiated or continued the initial case with an improper purpose. Each of these elements presents a challenge to the plaintiff.

I’m no lawyer but here is what I know:

1. The original case was dropped after demolition crews began razing the building, making a court victory a moot point.
2. True, they did.
3. Based on what I’ve seen they did have probable cause, proving otherwise seems difficult.
4. Like #3 their purpose seems legit.  But that was 2003-04, a lot has happened since then.

Plaintiffs are the Missouri Development Finance Board, Land Clearance for Redevelopment Authority of the City of St. Louis and two private developer entities. So the State of Missouri and the City of St. Louis have been parties in this case for the last six years.  Wow, I can only imagine the legal fees they, I mean we, have payed so far in this case against these two.

I consider this a SLAPP (strategic lawsuit against public participation) suit.  A jury trial is currently scheduled to start on May 16, 2011 before judge Ohmer, but I’m not holding my breath.

– Steve Patterson

Prior posts:

• Plaintiffs Delay Century Case Again (9/2009)
• Mayor Slay, Geisman, & Rainford To Be Deposed in Century Case (2/2009)
• Century SLAPP Suit Pushed to April 2009 (9/2008)
• Century Case Set for Trial Next Month (8/2008)
• Century Building Case Continues Wind Through Court System (12/2007)
• Legal Wrangling Over Century Building and Parking Garage that Mocks the Century Continues (11/2007)
• Century Building SLAPP Suit in Court Today (10/2005)

Sine Die at the St. Louis Board of Aldermen Today, New Session Starts Tomorrow

Today is “Sine Die” at the St. Louis Board of Aldermen.  This Latin term is used, in this case, to mean the last day of session. Today is the last day in office for two aldermen not reelected: 32-year member Republican Fred Heitert (12th ward) and Democrat Bill Waterhouse (24th ward).

Not enough change for my taste.  Hopefully in 2013 we can replace 3-4 long time incumbents, Phyllis Young and Fred Wessels come to mind. At the end of their current terms they will have served 28 years. They were both sworn into office in April 1985, the year I graduated high school. Give it up guys, let someone else have a chance to lead!

Tomorrow 15 aldermen elected, and reelected, this Spring will be sworn into office.  This includes all 14 even numbered wards and one odd numbered ward. Carol Howard, elected to the 14th ward seat last fall after Stephen Gregali resigned, was elected to a full four-year term.  Freshmen aldermen are Larry Arnowitz (D-12), Scott Ogilvie (I-24) and Thomas Villa (D-11). Villa replaces Matt Villa who resigned earlier in the year to spend more time in the family business, Villa Lighting.

The following is the swearing in of odd numbered aldermen two years ago:

httpv://www.youtube.com/watch?v=x7Pm1Lqx0NQ

Lewis Reed, President of the Board of Aldermen, will be sworn into his second term tomorrow.  Thank you to Matt Villa, Bill Waterhouse and Fred Heitert for your service to the city.

– Steve Patterson

Poll: Will You Use the New Downtown Bike Station & Shop?

Very soon downtown will have a commuter bike station and shop.

The station provides a place for cyclists who commute to shower and change clothes, leaving their bike securely parked indoors while they go off to work.  The shop will provide sales & service.

The Downtown Bicycle Station will be 1,450 square feet, offering secure 24-hour access and featuring more than 100 bike racks, showers and locker rooms, ideal for those cyclists commuting to work. This new Downtown Bicycle Station will be next to a new 3,500 square foot full service bike shop that will offer all necessary bike equipment, repairs and bike rentals. Big Shark Bicycle Co., presently located in the Delmar Loop, plans to open this 2nd location, named Urban Shark, in Downtown St. Louis before the end of the year. (source)

But the location on Locust St between 10th & 11th has me concerned it is too far west of most downtown office workers, hopefully I will be proven wrong.

So the poll question this week is “Will you use the new downtown bike station & shop?” As always the poll is in the upper right corner of the blog.

– Steve Patterson