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[T] People v. Ventura5/6/2004
nd even took a picture of the resident's teenage foster daughter coming out of the shower wearing only a towel.
Moreover, Village inspectors routinely and discriminatorily have assumed that the presence of a large number of persons in a Latino family's home at the time of an inspection indicated a multiple occupancy violation and therefore automatically have issued summonses in those situations. In numerous cases, Latino residents have informed inspectors, inter alia, that all persons present were members of their immediate family or that other family members or friends were staying temporarily with them as guests. Although neither circumstance would have supported an over-occupancy violation, the inspectors issued summonses nonetheless, many of which later were dismissed by the Village Court.
Further, the Village's policies, procedures and customs effectively encouraged inspectors to violate the Fourth Amendment rights of Latinos in order to gain entry into their homes in particular and to issue summonses against Latinos for over-occupancy violations based on stereotypical lives of Latino families.
The Village's policies, procedures and customs directly and proximately caused these violations of the Fourth Amendment.
The Village has thereby violated the Fourth Amendment to the United States Constitution, as cognizable under 42 U.S.C. § 1983.
The Fourteenth Amendment to the United States Constitution prohibits denial of the equal protection of the law on the basis of race or national origin.
The Village of Freeport's deliberate policy has been to target the homes of Latino residents for inspection based on the national origin of their occupants.
The Village of Freeport, through its targeting of the homes of Latinos for inspection, and through the Village inspectors' pattern and practice of unlawful searches has both intentionally and in effect made housing unavailable to Latinos on the basis of their national origin.
Under § 3604(b) of the Fair Housing Act, it is unlawful to "discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin."
The Fair Housing Act ("the Act"), 42 U.S.C. § 3617, makes it unlawful to coerce, intimidate, or interfere with any person in his or her exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by, inter alia, section 3604 of the Act.
Under § 3617 of the Act, it is unlawful to interfere with persons' enjoyment of their right to live in housing free from discrimination on the basis of national origin.
The best way to guard against liability for this Village is for this Court to be proactive by carefully considering the rights of all and laws which were made to protect us from a violation of those rights. The Village of Westbury cannot fight this battle alone. If we are opening our national boarders to migration and free trade, then our state and national governments must begin to address the problems associated with a shortage of affordable housing. They have not done so. Instead, a modern de facto, feudal system has occurred where indentured day laborers have replaced the serfs and slaves of another time. However, make no mistake about it, political anger and bitterness are brewing within the underground migrant community to the point where a veritable revolution will occur if elected offic
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