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Craigslist sued over housing ad bias

Alleged discriminatory advertisements violate Fair Housing Act

         

balam

5:56 am on Feb 11, 2006 (gmt 0)

10+ Year Member



Chiago Tribune: Craigslist sued over housing ad bias [chicagotribune.com]

A Chicago fair housing group has sued groundbreaking Web site Craigslist for allegedly publishing discriminatory advertisements, a case that could test the legal liabilities of online ad venues.

The suit is part of an emerging attempt by housing watchdogs nationally to hold online classified sites to the same strict standards as the publishers of print classifieds, such as newspapers.

oneguy

11:15 am on Feb 11, 2006 (gmt 0)

10+ Year Member



I'm not interested in promoting housing discrimination...

Besdies other issues, I have this academic question... does it matter that craigslist isn't paid for the ads?

kaled

11:47 am on Feb 11, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If the argument can be made that those who post the adverts are the publishers (rather than the website) then it should be possible to hold the posters accountable for any law-breaking.

In the UK, it is common practice to put cards up in local shops to advertise various local services, etc. Surely no one believes a shop could be sued for what an anonymous individual places on a free noticeboard.

Having said that, we are entering a new era and the law is playing catchup. A principle needs to be established whereby test cases are argued using public funds and without threat of financial penalty.

Kaled.

txbakers

12:01 pm on Feb 11, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



[louisville.craigslist.org...]

is a link to their response.

Go Craigslist!

HRoth

1:20 pm on Feb 11, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I don't know. I think "women of color need not apply" is pretty darn offensive and can't be excused as free speech. And how can Craigslist say they cannot be held responsible? Haven't a couple of forums been held responsible for the libelous postings of the forum users?

Craigslist does charge employers for listings, btw.

oodlum

3:54 pm on Feb 12, 2006 (gmt 0)

10+ Year Member



FWIW it was ""Non-women of Color NEED NOT APPLY".

moishe

5:08 pm on Feb 12, 2006 (gmt 0)

10+ Year Member



so let me see if I understand this:

It is ok for the kkk, nazis, skinheads, the black panthers and al quieda to have websites where they espouse their views, but Craiglist gets sued if a POSTER says in an advert for someone to come live in his house, I don't want a non-white, male roomate?

Also this advert is for a ROOMMATE, it is not posted by a landlord, does this person not have a right to choose who he wants to live with? I admit that mentioning out loud his exclusions was a bit foolish but does his lack of common sense make Craiglist liable?

kaled

5:58 pm on Feb 12, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Wasn't there a film made a while back called "Single White Female"? I was under the impression that discrimination laws do not apply to sharing any more than they apply to personal ads of the "love wanted" variety.

If sharing ads are being cited, I would not be surprised if a fine were imposed for wasting court time.

Kaled.

JollyK

6:44 pm on Feb 12, 2006 (gmt 0)

10+ Year Member



I'll be interested to see how this pans out.

It's not *quite* the same thing, but I'm just waiting for someone to sue because a website posted a job announcement for a position in Saudi Arabia that specifies "Male Only" or a job announcement in South Korea that specifies, "Must be under 35 years of age." (Both of these are against the US "equal employment opportunity" laws which don't, of course, apply anywhere other than the US.)

Oh, and I can't resist commenting on this:

In the UK, it is common practice to put cards up in local shops to advertise various local services, etc. Surely no one believes a shop could be sued for what an anonymous individual places on a free noticeboard.

Maybe no one in the UK believes that, but I think in the US, lawsuits are 97% of our gross domestic product. I'd actually be surprised if no one's ever sued a shop for an anonymous notice placed on its noticeboard here in the US.

Whether they won or not is almost beside the point. :-)

JK

andrea99

6:51 pm on Feb 12, 2006 (gmt 0)



I suppose the rule is (or will be): if you want to choose the race of who you date, share a room with, or marry, think it, do it, BUT NEVER, NEVER PUBLISH IT.

JollyK

6:54 pm on Feb 12, 2006 (gmt 0)

10+ Year Member



andrea99: You can publish it -- just not in the US. hahaha!

balam

7:43 pm on Feb 12, 2006 (gmt 0)

10+ Year Member



It's not in the least bit clear, in (re-)reading the article cited in the original post, as to who is responsible for the ads in question. That is, there is no mention as to whether the ads were posted by landlords and/or tenants. (Although, I don't doubt both parties are responsible.)

The closest attribution for responsibility seems to be this paragraph:

Laurie Wardell, a spokeswoman for the Chicago Lawyers' Committee, said landlords realize that the Internet has a lower bar for housing ads. "You just shift to the Internet if you want to discriminate," she said.

Emphasis mine.

Again, I don't doubt that both landlords and tenants have posted inflammatory requirements. But one cannot assume that the quoted statements were solely made by those looking for compatible roommates.

walkman

10:15 pm on Feb 12, 2006 (gmt 0)



>> I suppose the rule is (or will be): if you want to choose the race of who you date, share a room with, or marry, think it, do it, BUT NEVER, NEVER PUBLISH IT.

Yeah. Soon you will have to date anyone that asks you out, or else you will face Civil Rights violation lawsuits.

;)

HRoth

12:51 pm on Feb 15, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It's not a free speech issue to discriminate against people in housing. It's a legal issue. Most cities have laws against it. Yes, you can have a site encouraging people to be hateful. But you can't be hateful in your hiring, providing services, or housing. I guess some people feel this oppresses their right to be a hateful idiot. Tough.

peggster

3:55 pm on Feb 15, 2006 (gmt 0)

10+ Year Member



This one piqued my interest. My day job is working in the classified department of a local newspaper. You would be amazed at what the law says we can and can't publish. According to the law (the federal Fair Housing Act), both the newspaper and the advertiser can be held liable for discrimination in advertising, and so we have to police what the advertisers want to print. Protected classes include race, color, sex, handicap, religion, national origin, and family status. State laws and local ordinances also protect things like age and sexual orientation. It's always been interesting to me to find things online that we're not allowed to print, and I've wondered why there's a difference. If it's discriminatory in print, why wouldn't it be if it's online? I'm sure others will disagree, but it's something I've wondered about.

Lobo

4:04 pm on Feb 15, 2006 (gmt 0)

10+ Year Member



It's an odd one, and I wouldn't know how to legislate about it..

Lawyers and governments a so scrambling to get some control over WWW that something seems to be legally tested evey other week..

Will it mean that people will host sites completely off US soil? could it mean that the US will start to censor all incoming connections?

The point seems petty but as we go on where is it going to end up?

walkman

4:21 pm on Feb 15, 2006 (gmt 0)



>> If it's discriminatory in print, why wouldn't it be if it's online?

and the real questions is: who prints it, Craigslist that provides a forum to do so, or John who places the discriminatory ad? I say Craigslist is innocent, just as one can't hold Verizon accountable because one uses their phone lines to arrange for a murder.

peggster

4:37 pm on Feb 15, 2006 (gmt 0)

10+ Year Member



and the real questions is: who prints it, Craigslist that provides a forum to do so, or John who places the discriminatory ad? I say Craigslist is innocent, just as one can't hold Verizon accountable because one uses their phone lines to arrange for a murder.

I tend to agree with you, except that in the case of print media, both the newspaper and the advertiser are held liable for discriminatory speech. So should it be different for online vs. print, new media vs. old? I'm not so certain that I'm in favor of greater regulation of the web, but these issues do raise lots of questions, that's for sure...

walkman

5:30 pm on Feb 15, 2006 (gmt 0)



>> So should it be different for online vs. print, new media vs. old?
Because papers review everything before they publish it. Imagine the effect on free speech if moderators, on all sites, had to approve every comment?

Absolutely

5:04 am on Feb 16, 2006 (gmt 0)

10+ Year Member



When I was thinking of renting out some of the extra bedrooms in my house 5yrs ago I did some checking and at the time people renting out rooms in their home were not under the fair housing laws. Landlords in apt buildings are.