The Inclusive Communities Project’s (ICP) Fair Housing Case is affirmed. U.S. District Judge Sidney Fitzwater’s use of disparate impact liability under the Fair Housing Act was affirmed as was the United States Court of Appeals for the Fifth Circuit’ decision affirming the use of disparate impact liability. This case, involving the State of Texas’ perpetuation of racial segregation in its Low Income Housing Tax Credit program, will now be sent back to Judge Fitzwater for further proceedings.
Patricia McGee was living in the Mandalay Palms Apartments in a rough section of Dallas a few years ago when one day her ten-year-old son said, “Momma, look.” McGee peered out the window and saw a sex worker hanging out at the bus stop in front of the apartment “doing some things she shouldn’t be doing.” McGee was horrified. “Your kids, they pay attention to everything,” she says. They began “talking about stuff they ain’t got no business talking about,” she says.