Murphy's Law Blog

As a candidate for public office I got to meet a lot of people. I enjoyed hearing the stories and perspectives of so many different people. I genuinely like people so this is great job for me. I learn something with each meeting. At a recent meeting I was talking with a gentleman who told me that he is worried about our country. He thinks we are in decline. I hear this a lot. There is a real sense that the American Dream is falling apart and our leaders have lost their way. These seem to be the darkest days our nation has faced.

I often think back to my grandparent’s generation. They grew up during the Great Depression and came of age in World War II. I asked this man a question that I often ask concerned citizens. “On December 7, 1941, who would the smart money have bet on winning the war?” When you consider the state of this nation at that point it would be hard to place much faith in the the USA. After years of economic depression-with a third of the adult population unemployed in some places, our people were not prepared for a long war. Our military was not up to date and the physical health of the citizenry was subpar due to years of poor nutrition. Our enemies were organized, prepared and determined to win. Clearly this was a bad time and we had no chance of winning. People usually agree with me that this was a bad time and we talk about how hard everyone–

everyone

worked to win that war. Children collected cans, fashions changed so that women wore shorter skirts and gave up nylons to save materials for the war effort. They conserved gas and tires, rationed supplies, and planted victory gardens. This nation, faced with almost certain defeat, pulled together and won the war.

In talking about this I have faith in the this nation and this state. I know that working together we can ensure that the best days for Texas and the nation can be ahead of us. I’m inspired by Barack Obama’s statement that together we can write the next great chapter in this improbable story that is America.

The Gentleman I was talking to caught me off guard with his answer. He told me that he could not believe that we could have lost the war. His brothers had both volunteered as soon as they could and he lied a year later to get in to the Marines before he was old enough. He said, “I was a Soldier for my country in Uniform and now I am a soldier for my country out of uniform.” That is the spirit that makes this nation great. In a monarch or totalitarian regime you don’t need people like this. But in a democracy you need everyone, or almost everyone, to believe that this is their nation. It is not the just soldier who secures our freedom. There are plenty of nations with huge armies that lack our freedom. It is the dedication of the citizen soldier who never stops fighting for his or her country and its high ideals that secures our freedom I took this comment as a good challenge for all of us to meet: Be a soldier for your country, in what ever you do. The best way to honor our veterans today is to continue the work they started. [This was orginally posted on Veterans Day]

I’m back in the office after a great day with the Texas Society of Architects in Fort Worth. I presents a seminar with my brother, Jeromy, on Fair Housing Act Essentials. The big hit of the weekend was the design requirements song. I think we’ll open on broadway soon.
Anyone who has engaged in any act of discrimination prohibited by the fair housing act laws can be sued. The courts have applied general principles of agency in accessing responsibility under the fair housing laws Coates v. Bechtel, 811 F2d 1045, 1041 (7th Cir 1987) The have held also that the duty to obey the law is non delegatable. Moore v. Townsend, 526 F2d 482, 485 (7th Cir 1985) A principal may be liable even if the agent was instructed in writing not to discriminate.
Plaintiffs have a full range of choices when seeking remedy discrimination under FHA. Most state and local governments provide remedies. An individual can file a complaint with HUD within one year after the discriminatory practice occurred and HUD will then investigate. HUD can request that the DOJ file a civil action. The aggrieved party can also elect, upon receipt of notice that a HUD charge has been filed, to have the Justice department file a suit on his or her behalf in the name of the US. Sec 3612(a). The matter may also be tried by a HUD administrative law judge. Finally, the aggrieved party may bypass the administrative route and file an action directly in state or federal court. The 1988 amendments removed the cap on the amount of punitive damages that can be recovered in a private civil action . Sec. 3613 (c)(1).

I was told today that I need to make a new post. I’ve been so busy campaigning that I have let this slip. My big legal project–outside of winning the election in HD 29– is prepping a presentation for the Texas Society of Architects on the Fair housing act. This is just the sort of regulation that makes sense in a civil society. There are some quirks–all laws have some unintended consequences– but it is a good law that allows people access to homes. Any multifamily residence that had first occupancy after March of 1993 is covered. Think of it as the residential version of the Americans with Disabilities Act. I’ll post more as we get closer

I am shocked and horrified at the murder of two people at the Tennesee Valley Unitarian Universalist Church sunday morning in Knoxville. The idea that this man murdered these people because the are an open and affirming church makes me want to holler. I have heard one too many intolerant hate monger squeal “where is the tolerance for the intolerant?” I struggle to be forgiving and faithful to the beliefs I hold.