To: Lazarus_Long who wrote (9819 ) 5/20/1999 12:18:00 PM From: SIer formerly known as Joe B. Read Replies (2) | Respond to of 62549
Attorney Sues To Enter 'Lawyer-Free' Community Thursday May 20 5:40 AM ET dailynews.yahoo.com BAKERSFIELD, Calif. (Reuters) - The developers of the new Fairway Oaks community designed their dream homes to have five bedrooms, a Jacuzzi, a yard roomy enough for an in-ground pool -- and no lawyers. That made attorney Timothy Liebaert angry enough to sue. ''I was very mad,'' Liebaert told Wednesday's San Francisco Chronicle after learning that his offer on a new Fairway Oaks house in central California had been rejected because of his profession. ''One (colleague) said I was so mad that I left burn holes in his carpet. It was an immediate, visceral reaction.'' Liebaert's next reaction was to sue Fairway Oaks developer Donavan Judkins, saying that his civil rights had been violated because of anti-lawyer discrimination. The developer's lawyers say the ''no lawyer'' policy is the builder's prerogative based on sound business reasoning: lawyers, in general, are more apt to threaten litigation, requiring greater management time and legal fees. Thomas Clark, part of Judkins' legal team, told the Chronicle that the move to bar Liebaert was ''a valid and rational business decision'' and therefore not subject to California's Unruh Civil Rights Act, which bans many kinds of discrimination, including that of sex, race and religion. Liebaert, who with his wife had already picked out the carpet and tile colors for their new, $149,600 Fairway Oaks home when the deal was canceled, said that discrimination was discrimination and should be fought. ''I think that is repugnant to the American brand of freedom,'' he told the Chronicle. ''Who is next? Maybe they are afraid if they sell to a police officer that a crime would be exposed.'' California officials said Liebaert's case, which began Wednesday before a Kern County Superior Court judge, was taking the law into uncharted waters. ''As far as I know, there is no case law deciding this one way or another,'' Ann Noel of the state's Fair Employment and Housing Commission told the newspaper.