October 24, 2000
Worcester Telegram & Gazette (MA)
Author: George Barnes
WORCESTER -- Improving the racial atmosphere in public housing in Winchendon was a key element in an agreement hammered out over the weekend by lawyers from the Winchendon Housing Authority and tenant Demetrius F. Brinson.
"I'm very pleased with the affirmative relief we got,'' said lawyer Francisca D. Fajana of the Legal Assistance Corp. of Central Massachusetts.
Ms. Brinson, the first black tenant at the Winchendon Housing Authority's Pearl Drive complex, alleged in her lawsuit that she and her children have been subjected to both physical and verbal racial attacks from the day they moved in six years ago. She alleged the Housing Authority failed to stop the attacks.
The agreement in U.S. District Court included a monetary settlement, but the case was sealed by Judge Charles Swartwood III and the amount Ms. Brinson will receive will not be made public. The lawyers in the case also agreed to limit their comments about the outcome of the case, other than by issuing a joint statement they expect to release later this week.
NO ADMISSION
The agreement does not include any admission of the Housing Authority's responsibility, but Ms. Fajana said changes will be made to prevent future racial incidents. Some of the changes will include mandatory cultural sensitivity training over five years for tenants and Housing Authority employees, and amendments to leases to say there is zero tolerance in Winchendon Housing Authority properties to racial intolerance.
During the trial, which began Oct. 16, Ms. Brinson and several other tenants testified to many incidents of racial harassment the plaintiff and her children suffered during the six years they have lived at 31 Pearl Drive.
The testimony indicated the Brinson family members were called racial slurs by both adults and children, and comments included, ``Go back to Africa where you came from.''
The witnesses also testified that actions by the Housing Authority were not enough to stop the harassment.
BEHIND ON RENT
Testimony brought out on cross-examination indicated that Ms. Brinson was either behind in paying her rent or failed to pay it on time, and the Housing Authority unsuccessfully tried to evict her twice. A third eviction effort is under way.
The defense also raised issues during cross-examination indicating the Housing Authority evicted some problem tenants and tried to set up a mediation process to resolve the disputes. During the trial, the eight-member jury was reduced by one when a juror asked to be dismissed early to allow her to go on vacation.
As it turned out, the jury was not needed. Judge Swartwood thanked the jurors before dismissing them. He told them that although many civil cases are completed by agreement before testimony is completed, the jury is an important part of the process. "Without you here, this agreement would not have been reached,'' he said.
Copyright (c) 2000 Worcester Telegram & Gazette Corp.
Record Number: 0010244883