Suing Craigslist — with your money

The federal taxpayer, by way of the Department of Housing and Urban Development, funnels substantial sums to private “fair housing” advocacy groups for purposes of suing landlords, newspapers, and other likely suspects over alleged housing discrimination; raising consciousness among potential claimants and others; and generally promoting expansive readings of housing-bias law. For example, in this listing of $20 million worth of fiscal 2002 grants, HUD boasts of bestowing $242,339 on the Chicago Lawyers’ Committee for Civil Rights Under Law, Inc. for something called its Private Enforcement Initiative (PEI), described as follows:

While addressing the needs of minorities in the metropolitan Chicago area, the Chicago Lawyers’ Committee for Civil Rights will increase awareness of fair housing rights; empower victims to report incidents of discrimination; develop credible, legitimate evidence to support discrimination complaints; increase the number of complaints referred to HUD for enforcement; and provide relief to discrimination victims. Utilizing access to pro bono attorneys from Chicago’s most prominent law firms, as well as their resources, the Chicago Lawyers’ Committee will receive, document, and investigate individual complaints of discrimination.

If the Chicago Lawyers’ Committee sounds vaguely familiar, it’s probably because it’s the group that last month filed a widely criticized lawsuit against Craigslist (Feb. 9, Feb. 20) seeking to force the online service to pre-censor users’ postings of roommate and other housing classifieds (rather than just pull them off after complaints, as now).

Even if the Chicago Lawyers’ Committee suit fails in court — as is widely expected — the controversy is likely to continue. In yesterday’s New York Times, Adam Liptak says the activists are likely to push for federal legislation stripping website operators of their current protection against being held liable for users’ postings. (“The Ads Discriminate, but Does the Web?”, Mar. 5). Don’t assume that “fair housing” advocates are powerless on Capitol Hill these days, either: at one set of hearings last week, all the witnesses called (including this one (PDF), quoted in the Times piece) were there to speak up for expansive enforcement of the law, with nary a dissenting word about any possible competing values at stake. More: Maggie’s Farm.

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