Slashdot Mirror


Craigslist Sued For Violating Fair Housing Laws

The Good Reverend writes "The Associated Press has a report today about online classified site CraigsList being accused in a federal lawsuit of violating fair housing laws by publishing discriminatory classified ads. Current law, which applies to newspapers, prohibits ads that discriminate on the basis of race, gender, family status, religion, all of which can be found on Craigslist."

328 of 429 comments (clear)

  1. The Actual postings... by MorderVonAllem · · Score: 3, Insightful

    ...are not the property of craigslist, it has far too many listings per day to constantly check each and every post to make sure it follows all applicable laws for each state it is accessible in. It's essentially a clearing house and as such it is protected against such lawsuits anyway.

    1. Re:The Actual postings... by biocute · · Score: 4, Funny

      True. Slashdot also has a fine print: "The following comments are owned by whoever posted them. We are not responsible for them in any way."

      Oh by the way, I have an apartment for rent, only one requirement: Clean Godly Christian Male.

    2. Re:The Actual postings... by Jerf · · Score: 1
      It's essentially a clearing house and as such it is protected against such lawsuits anyway.

      Citation?

      I believe you are thinking of the safe harbor part of the DMCA, a part of the DMCA which could use some tweaking perhaps but is fundamentally sound. But that only protects:
      A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider's transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material
      Emphasis mine (obviously). This is a limited protection against copyright claims, not carte blanche to violate the law as long as you do it in a big way with your eyes closed.

      So, you got another specific safe harbor in mind?
    3. Re:The Actual postings... by mattjb0010 · · Score: 4, Funny

      Oh by the way, I have an apartment for rent, only one requirement: Clean Godly Christian Male.

      I have just the tenant for you...

    4. Re:The Actual postings... by tmittz · · Score: 5, Informative

      Not sure if he's specifically thinking of this act, but the Communications Decency Act will almost certainly protect them. The Ninth Circuit already came down in a very similar case (Fair Housing Council of San Fernando Valley v. Roommate.Com, LLC., 33 Media L. Rep. 1636 (C.D. Cal. Sept. 30, 2005)) that the online ads were protected. While this certainly isn't binding on the present case, it is persuasive, and there are various other rulings that suggest the CDA is a very broad and powerful statute.

    5. Re:The Actual postings... by utlemming · · Score: 1

      Mod parent up! That is really funny.

      However, with that sad, the site is pretty sad. That is all I have to say. That guy has a one way ticket to hell. He is out there pan handeling saying he is homeless, and at the same time advertising bubble baths, and has a website trying to get woman?

      --
      The views expressed are mine own and do not express the views of my employer.
    6. Re:The Actual postings... by DerekLyons · · Score: 1
      The Actual postings are not the property of craigslist, it has far too many listings per day to constantly check each and every post to make sure it follows all applicable laws for each state it is accessible in.
      That's very nice - but the laws in question are Federal laws and not state laws.
    7. Re:The Actual postings... by maggot4 · · Score: 2, Insightful

      Craiglist has absolutely nothing to worry about. It is an issue of editorial control. Unless it can be proven that Craiglist limits certain types of free speech in favor of another, they are just fine.

      It would be like holding the owner of a stadium responsible when someone in the crow yells something that could be considered ofensive.

      --
      Innovate or become obsolete.
    8. Re:The Actual postings... by rs79 · · Score: 2, Insightful

      (IANAL)

      If a newspaper prints discriminatory ads they're liable as they e3xercise editorial control. Thet know what they're printing and (in theory) know what they're allowed to print. They're a publisher.

      If I pin up an ad for a house to rent in a super market and then when somebody enquires via the telephone and I say I only want 19 yr old blond nymphomaniacs as tennants, can you sue the phone company? No. Why? As a common carrier Bell cannot control what is being said.

      CL is a common carrier, not a publisher your honour. Move to dismiss.

      --
      Need Mercedes parts ?
    9. Re:The Actual postings... by DerekLyons · · Score: 4, Informative
      (IANAL)
      And it shows.
      If a newspaper prints discriminatory ads they're liable as they e3xercise editorial control. Thet know what they're printing and (in theory) know what they're allowed to print. They're a publisher.
      True. They are also a publisher because they make information available to the public. (That's the argument bloggers are making in their efforts to be recognized as 'real journalists'.)
      If I pin up an ad for a house to rent in a super market and then when somebody enquires via the telephone and I say I only want 19 yr old blond nymphomaniacs as tennants, can you sue the phone company? No. Why? As a common carrier Bell cannot control what is being said.
      True. But note an important distinction, Bell facilitates communications, it does not publish. It's equally free of liability no matter who posts the ad where. You'll also note that many supermarkets do act as a sort of publisher, as they not only make the information (ad) available, they exercise a measure of editorial control. Every one with which I am familiar routinely polices it's public notice board and removes offensive or overage ads.
      CL is a common carrier, not a publisher your honour. Move to dismiss.
      CL provides editorial control - it sorts and categorizes the advertisements. It publishes in that it amalgamates ads and makes them public (which Bell does not). It actively edits the content of the site. CL is not a common carrier. (That's how BBS systems remained common carriers, there was no editing or moderation of posts, while Prodigy was ruled to not be a common carrier - they did provide mechanisms for editing and moderation.)
    10. Re:The Actual postings... by gmby · · Score: 1

      Does this still apply when they charge money?

      --
      I don't want a pickle; I just want a Motor-Cycle! A four foot cop arrived with a five foot gun!
    11. Re:The Actual postings... by koltrane · · Score: 1, Insightful

      As for going to hell, we all know there's no such place as heaven or hell. You don't seriously believe that nonsense do you?

      Yes, of course I do. Truth does not cease to be truth merely because you wish it to be falsehood, and all the bloviating and animadverting you wish to publicly display will not change that.

      Now if you will excuse me, I am off to EAT THE FLESH OF GOD AND DRINK HIS BLOOD.

      This is hate-filled, vitriolic flamebait, pure and simple. I know you were trying to be funny, but you failed. It's interesting how those secular humanists who sing the hue and cry of tolerance are always at the ready to mock Christians in the most nasty (and juvenile) way possible. The truth has a way of bringing out that type of behavior in those who have turned their backs upon it.

    12. Re:The Actual postings... by Shanep · · Score: 2, Insightful

      They are caused by people like you who are unable to see another point of view of the world, regardless of what that view may be.

      On the contrary, I was FORCED through Catholic teachings for more than 10 years as a child. I got one of those points of view rammed down my throat by Nuns who were known for their brutality (I copped my fair share) and Priests and Brothers who are known for their soddomy of little boys (thankfully I missed out on that one, but came close). My post is merely to point out how crazy it is that people put all this emphasis on what is written in some old books, when a lot of what is written in those old books is pretty much incredible fairytale esque stuff that cannot be backed up in the real World and flies in the face of real science.

      Sorry but I think for myself and reject faith.

      --
      War crimes, torture, lies, illegal spying... Would someone give Bush a blowjob, already, so he can be impeached?
    13. Re:The Actual postings... by Shanep · · Score: 2, Informative

      This is hate-filled, vitriolic flamebait, pure and simple.

      Considering I wrote it, I can tell you with absolute authority that it was not "hate-filled". I don't hate Christians. I do reject faith and merely wish to put forth why I think it is so ridiculous that various groups of people are willing to kill each other (the real) in the name of some things which cannot be shown to be real and are really out there.

      --
      War crimes, torture, lies, illegal spying... Would someone give Bush a blowjob, already, so he can be impeached?
    14. Re:The Actual postings... by Pig+Hogger · · Score: 1
      Oh by the way, I have an apartment for rent, only one requirement: Clean Godly Christian Male.
      I have just the tenant for you...
      Jesus christ, that guy's not christian, he's a jew born out of wedlock!!!
    15. Re:The Actual postings... by VendettaMF · · Score: 2, Insightful

      You know these protests about cartoons of Muhammad? They are caused by people like you

      You say that like it's a bad thing.

      In the short view, these cartoons have brought to light a very important fact (which various media outlets are scrabbling to bury again). The middle east and other affected areas are by and large still culturally and socially backward. 17th/18th century backward. Which isn't to say other countries and cultures have all the answers, but we don't burn or bomb their embassies every time they print mockeries of (for example) the vatican hierarchy, Jesus or the beard in the sky modern christian god. Which they do. Non-stop. It's surprising to find a cartoon (in those areas which actually allow pictures) or editorial in any of the media there that isn't scathing, mocking and considerably more offensive (and deliberately so) to all that the western religious fanatics hold dear.

      In the long view, there are two viewpoints. Correct and incorrect. Otherwise known as religious and non-religious.

      I have very few genocidal wishes, but the day the atheists and deists finally eradicate each other completely in a 3 way war and leave those of us with working intellects in peace will be a very very good one. I just hope they can be reasonably professional about it and take their propagandistic "holy" books with them.

      --
      kartune85 : Incapable of reason, observation or learning. A kind of dim, drab, flightless parrot.
    16. Re:The Actual postings... by Cal+Paterson · · Score: 2, Interesting

      It's interesting how those secular humanists who sing the hue and cry of tolerance are always at the ready to mock Christians in the most nasty (and juvenile) way possible.

      I would never discriminate against someone for their religous beliefs, but I'm likely to mock them. You cannot ban satire.

      There is an important difference between freedom of speech and discrimination. Everyone is willing to accept you as members of society, but no one is safe from satire. I'm sure you'll come to terms with it.

    17. Re:The Actual postings... by rs79 · · Score: 2, Insightful
      "CL provides editorial control - it sorts and categorizes the advertisements. It publishes in that it amalgamates ads and makes them public (which Bell does not). It actively edits the content of the site. CL is not a common carrier. (That's how BBS systems remained common carriers, there was no editing or moderation of posts, while Prodigy was ruled to not be a common carrier - they did provide mechanisms for editing and moderation.)"

      Prodidy was deemed not to be a common carrier - fair enough, private carrier - because it employed a staff of editors that would monitor content and delete it where it felt appropriate.

      Compuserve did not do this and was afforded private carrier status.

      CL does not monitor or remove posts, rather the user comminity does. Cl merely provides the infrastructure for this to be possible.

      This makes it much more aligned to our tradition definition of private carrier than a publisher.

      http://www.mttlr.org/volthree/frieden_art.html

        In Stratton Oakmont, Inc. v. Prodigy Services Co., a New York court held that the Prodigy commercial on-line information services company rendered itself liable for defamatory statements carried over one of its electronic bulletin boards, because it actively assumed the task of monitoring the messages and held itself out as exercising editorial control:


      By actively utilizing technology and manpower to delete notes from its computer bulletin boards on the basis of offensiveness and "bad taste," for example, Prodigy is clearly making decisions as to content and such decisions constitute editorial control. . . . Based on the foregoing, this Court is compelled to conclude that for the purposes of Plaintiffs' claims in this action, Prodigy is a publisher rather than a distributor. . . . Prodigy's conscious choice, to gain the benefits of editorial control, has opened it up to a greater liability than CompuServe and other computer networks that make no such choice.



      In Cubby, Inc. v. CompuServe, Inc., a court gladly exempted an on-line information services provider from liability by choosing a "hands-off" approach to content:


      CompuServe has no more editorial control over such a publication than does a public library, book store, or newsstand, and it would be no more feasible for CompuServe to examine every publication it carriers for potentially defamatory statements than it would be for any distributor to do so . . ..
      Technology is rapidly transforming the information industry. A computerized database is the functional equivalent of a more traditional news vendor . . .


      Move to dismiss.
      --
      Need Mercedes parts ?
    18. Re:The Actual postings... by bellers · · Score: 1

      NO HIPPIES.

      --
      This space for rent.
    19. Re:The Actual postings... by AmericanInKiev · · Score: 1

      The question posed is whether or not Craigslists is (merely) an "Internet Service" provider - or a provider of a specific product which uses the Internet as its medium. The distinction will be obvious to those inclined to see it. Napster, for example was a fine purveyor of (mostly) stolen IP, and it's use of the Internet did not release it from liability as a purveyor of specifically advertised goods. The point is that Napster advertised itself as a place for music - not a place for internet service. Craigslists is well advertised as a place for housing advertisements, and as such ought to be fully accountable under the fair housing laws. That said, if Slashdot - which in no way holds itself out as a housing exchange where to host the same text, it should not be held accountable. Thus, it is not the speech itself which is unlawful, but rather it is the maintaining of a specific use forum which flaunts the regulations attendant to that use. "Internet Service" is limited to the mere retransmission of packets under the various IP protocols.

      AIK

    20. Re:The Actual postings... by eMartin · · Score: 1

      "CL provides editorial control - it sorts and categorizes the advertisements."

      It doesn't even do that.

      You are free to post your ad in any section you want.

      It's then up to other CL readers to report it as being in the wrong place, and only after a whole lot of them complain will anything be done.

    21. Re:The Actual postings... by tmittz · · Score: 1

      The reason Napster wasn't protected is that the CDA specifically exempts certain federal laws from the protections it offers, many of which are IP related. So whether Napster could be considered a "provider or user of an interactive computer service" (the exact language used in 230) wasn't neccasarily relevant due to the exemptions for IP rights infringment allowed by the CDA.

    22. Re:The Actual postings... by bnenning · · Score: 2, Funny

      You know these protests about cartoons of Muhammad? They are caused by people like you who are unable to see another point of view of the world, regardless of what that view may be.

      Yeah. Just like Columbine was caused by John Carmack.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    23. Re:The Actual postings... by AmericanInKiev · · Score: 1

      Statutes won't trump Constitutional concerns however, and the plaintiffs have a complaint alleging discrimination across state lines. I'd put my money on plaintiffs.

      AIK

    24. Re:The Actual postings... by cait56 · · Score: 1

      A very relevant question.

      Nobody can reasonably expect Craigslist to pre-filter free ads. The only way I could see them being liable is if they somehow promoted their service as a way to evade censorship by newspaper classifieds, or if they were unwilling to remove clearly abusive ads when they were pointed out to them.

      Once they charge, it would be reasonable to apply the same standards that newspapers must meet for their classifieds.

    25. Re:The Actual postings... by byteguy1 · · Score: 1

      As a friend said: If they kill the internet, it will be like this--little nitpicking here and there, gradually challenging all free speech wherever they can, subtly exerting more and more government control. And you know what over-regulation does!

      The internet is the last free speech frontier--we need not conquer it--we need to embrace it.

      --
      "There is nothing more frightful than ignorance in action." Johann Wolfgang von Goethe (1749-1832); German poet.
    26. Re:The Actual postings... by rjshields · · Score: 2, Insightful
      Yes, of course I do. Truth does not cease to be truth merely because you wish it to be falsehood, and all the bloviating and animadverting you wish to publicly display will not change that.
      Religion is not the truth, it's invented by mankind. You might consider religion the truth, and I hope you enjoy it, but people with sense and enough insight to think for themselves knows it's invented.
      --
      In this world nothing is certain but death, taxes and flawed car analogies.
    27. Re:The Actual postings... by rjshields · · Score: 1
      It's interesting how those secular humanists who sing the hue and cry of tolerance are always at the ready to mock Christians
      People foolish enough to believe that a human-invented set of beliefs and values represent the truth and try to bestow their misguided beliefs on others deserve to be mocked. I for one choose to milk the sorry fuckers for all they're worth. Anything else would be sacrilege ;)

      Mod me down I have karma to burn.
      --
      In this world nothing is certain but death, taxes and flawed car analogies.
    28. Re:The Actual postings... by Eivind+Eklund · · Score: 1
      Please define "truth". I'm sure you're aware that even though you feel very strongly about this, there's islamists that feel much stronger - so they'd be right and you'd be wrong. There's New Agers that feel really, really strongly too, and I'd expect you to say that they're wrong, too.

      So, we agree that "I feel strongly" isn't truth - so what's truth? Why aren't you lying to yourself and to us, like you accuse the followers of Islam of doing, the Hinduists, the New Agers, etc?

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  2. For real? by iamlucky13 · · Score: 3, Insightful
    Wait a sec, doesn't craigslist have one of these?
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    And surely there must be some similar cases that have been brought up (and dismissed, I hope) before.
    1. Re:For real? by Zeinfeld · · Score: 4, Insightful
      The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.

      And like the sign in the garage that says 'we are not responsible for anything' it has no effect. The point of those disclaimers is that they discourage the ignorant from filing suit, not that they have legal effect. If you can proved that you suffered a loss as a result of negligence on the part of the garage then you can sue, the right to sue for negligence cannot be surrendered under contract law.

      I don't think that the arguments being advanced by the Internet legal experts are the right ones for craigslist to use. They are the ones that those lawyers would like craigslist to use but that does not make them the ones most likely to win this particular case.

      There is plenty of case law that has upheld the constitutionality of anti-discrimination laws such as the fair housing act. Congress did not intend to give online companies a pass on those acts and intentionally facilitate discrimination.

      If craigslist did win that way it would be a shortlived victory. Congress would clarify its intentions soon enough.

      The best defense for craigslist is to do what they are doing and saying that they have taken every reasonable precaution to ensure that discriminatory ads are not published and that these precautions are effective.

      Saying 'not our problem' is the worst thing they could do. Courts do not like people telling them that the law does not apply to them.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    2. Re:For real? by tehwebguy · · Score: 1

      doesn't the dmca protect craigslist from silly lawsuits like this? according to tfa most of the offending posts are removed relatively quickly, and while they can't hire a screening staff, the users tend to do a good job of flagging/removing stuff.

      --
      -- lol pwned
    3. Re:For real? by Quadraginta · · Score: 2, Insightful

      Courts do not like people telling them that the law does not apply to them.

      I'm not sure this is true. I think the question of whether a given Court has jurisdiction, and whether a given law applies to a given situation, are both arguments that lawyers routinely make before a Court. I don't think Courts think these arguments are tantamount to saying the law doesn't apply to someone. They're just saying a particular law doesn't apply, or a particular Court doesn't have jurisdiction.

      Indeed, I think questions of jurisdiction and applicability of the law are often raised first by good lawyers, because they can be decided by a judge in preliminary hearings -- the expense of a trial is not necessary, and if they win on these "procedural" questions, then they don't need to win on the merits.

      In this case, for example, the Craigslist people would make this argument: Judge, even if a trier of fact (e.g. a jury) finds that each and every allegation made by the plaintiff is true, they can't prevail, because the law does not make what they say we have done illegal. If the judge buys this claim, boom, Craigslist wins immediately, and doesn't need to present a shred of evidence as to what they did or did not do, or intended to do. It's a very cheap victory.

      So I would expect they will raise these arguments first. If they lose, then they will argue that they were not, in fact, discriminatory as defined by the law. I find it significant that the lawyers quoted think the suit is entirely without merit, a complete nonstarter. Given that the AP will be sympathetic to the plaintiffs, if they could have found a respected lawyer to say they stood a chance, they would have.

      Incidentally, I don't agree the FHA is on sturdy legs here. The constitutionality of the FHA rests on a fairly creative interpretation of the Commerce Clause, which is why it does not -- and cannot -- apply to strictly private transactions, meaning those in which none of the parties is "in the regular business" of buying, selling, or renting property. If the Court finds that Craiglist is just a conduit here, just a way for one private party to communicate to another, like posting in a chat-room or standing up at a neighborhood barbecue and announcing you've a room for rent, then I don't see how the FHA can apply.

    4. Re:For real? by TopSpin · · Score: 1

      Courts do not like people telling them that the law does not apply to them.

      vee hauf vays oft deeling vit chu

      Don't taunt the Court.

      --
      Lurking at the bottom of the gravity well, getting old
    5. Re:For real? by Tellalian · · Score: 1

      And like the sign in the garage that says 'we are not responsible for anything' it has no effect. The point of those disclaimers is that they discourage the ignorant from filing suit, not that they have legal effect. If you can proved that you suffered a loss as a result of negligence on the part of the garage then you can sue, the right to sue for negligence cannot be surrendered under contract law.

      So what you're saying is if I loose a lot of money because some badly written software crashed in the middle of a transaction, then the software vendor can't hide behind the clause in their EULA/license that basically states "use this at your own risk". If that's the case, why haven't Microsoft, or even some large open source projects, been sued over large bugs or security holes?

    6. Re:For real? by Zeinfeld · · Score: 1
      So what you're saying is if I loose a lot of money because some badly written software crashed in the middle of a transaction, then the software vendor can't hide behind the clause in their EULA/license that basically states "use this at your own risk". If that's the case, why haven't Microsoft, or even some large open source projects, been sued over large bugs or security holes?

      Something called the Hands test.

      The expected harm is less than the cost of the remedy. It would be hard to convince the judge that the cost of avoiding the problem was less than the expected harm.

      Software liability lawsuits will come though.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    7. Re:For real? by maxume · · Score: 1

      So if I lie to you over the phone, AT&T should do something to let you know I am lieing? It isn't exactly the same, a phone conversation isn't stored quite the way that a bulletin board message is, but whatever.

      --
      Nerd rage is the funniest rage.
    8. Re:For real? by blakestah · · Score: 1

      The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.

      And like the sign in the garage that says 'we are not responsible for anything' it has no effect. The point of those disclaimers is that they discourage the ignorant from filing suit, not that they have legal effect. If you can proved that you suffered a loss as a result of negligence on the part of the garage then you can sue, the right to sue for negligence cannot be surrendered under contract law.


      According to the DMCA, Craiglist would be a service provider providing transitory caching for the data clearly identified as originating from users.

      As such, they bear no liability for its content.

      DMCA section 512A.

      Case closed.

    9. Re:For real? by cpt+kangarooski · · Score: 1

      Except that there is no such thing as DMCA 512A; you mean 17 USC 512(a). And that's wrong too, since the applicable subsection is 512(c), not (a). And in any event, that only applies to copyright infringement, which has nothing at all to do with this matter.

      The actual answer is that Craigslist is protected under 47 USC 230(c)(1). No applicable exception exists under 230(e).

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    10. Re:For real? by Russ+Nelson · · Score: 1

      There is plenty of case law that has upheld the constitutionality of anti-discrimination laws such as the fair housing act.

      There are no such laws. They don't exist. Congress does not have the authority to pass a law abridging my freedom of speech. Not only do they not have the authority to abridge my freedom of speech, they don't even have the ability to pass such a law. It says it right there in the Constitution.
      -russ

      --
      Don't piss off The Angry Economist
    11. Re:For real? by Russ+Nelson · · Score: 1

      Yup, it is. If you don't like that, then amend the Constitution. Hey, I recognize that there might be public good in restricting speech, so go ahead and amend the Constitution to take away people's right to free speech. I'm just saying that the Constitution is very clear on this point. "Congress shall pass no law". Not a big law, not a little law. NO law.
      -russ

      --
      Don't piss off The Angry Economist
  3. Well duh... by wbren · · Score: 3, Informative

    Well duh, it's Craigslist. I can also find prostitutes, free porn and Madeline dolls.

    --
    -William Brendel
    1. Re:Well duh... by Hecatonchires · · Score: 1

      And why did I click on the Madeline link first?

      (and while she may be very small, on the inside, she's tall!)

      --

      Yay me!

    2. Re:Well duh... by Minwee · · Score: 2, Funny

      And if you look around hard enough, you'll also find somebody who will combine the three for you for the right price.

    3. Re:Well duh... by Catbeller · · Score: 1

      Yep. The SF Bay erotic services are by far the most entertaining of all the cities. Damn you lucky SFers!

  4. That explains it... by wilburdg · · Score: 4, Informative

    I was wondering why craigslist added the following text to all their housing related pages:

    Fair Housing Is Everyone's Right

    Stating a discriminatory preference in a housing post is illegal

    When making any posting on craigslist, you must comply with section 3604(c) of the Federal Fair Housing Act.

    1. Re:That explains it... by Phanatic1a · · Score: 4, Informative

      Craigslist will be fine. Roommates.com was sued for the exact same behavior, supposedly violating the exact same statute, and they won an easy victory.

    2. Re:That explains it... by Anonymous Coward · · Score: 3, Insightful

      Of course that statute is in direct violation of the constitution and the right of free association guaranteed in the bill of rights. If I'm a Christian, and I have a room to let, I have EVERY right to deny satanists or blacks or women or three-headed pink wobbleboynkers from Neptune if I so desire. Nobody has an inherent right to be able to live on my property.

    3. Re:That explains it... by Arker · · Score: 1

      Give me your home address and we'll have a little chat. I think you'll be convinced after hearing what I have to say. ;P

      When you don't have any rational arguments, thinly-veiled threats can still make you feel superior, eh?

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    4. Re:That explains it... by eno2001 · · Score: 1

      Thinly veiled threats? I wasn't threatening anyone. I was asserting my comedic streak per my Slashdot. profile. (Hint: look at the bottom)

      --
      -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
  5. 47 USC 230; craigslist wins by Anonymous Coward · · Score: 5, Informative
    End of story.

    (although we're in the 7th Circuit, and the issue is therefore a little more subtle, you can bet your sweet bippy the above will be dispositive)

  6. Roommate listings by pin_gween · · Score: 3, Funny

    are they illegal? the ones like "23 yr old female seeks female to share rent, utilities"
    I mean, I'd love to offer my services despite that damning gender clause

    --
    Ignorance is not a crime; neither should it be a way of life

    Congress control $ = inmates run the asylum
    1. Re:Roommate listings by Anonymous Coward · · Score: 1, Interesting

      Good taste is the only rule governing roommate wanted ads (as opposed to for-rent ads by landlords.) Age and career are fair game, as well as lifestyle, etc. I've seen many that say "Asian seeking same". Since the idea is that you will be sharing a living space it's all based on preference (and chemistry) and you can't really sue for discrimination.

      Of course it's just simply not a good idea to say "blacks need not apply"... And no newspaper would run it... But it's not illegal.

    2. Re:Roommate listings by coyote-san · · Score: 1

      Are you sure about that? I thought that all of the restrictions were waived when you're physically sharing the same space.

      --
      For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    3. Re:Roommate listings by linguae · · Score: 3, Interesting

      Hmmm, read Section 804 of the Fair Housing Act, then come back with your findings. Here is one interesting section:

      [It shall be unlawful] to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.

      So, does that mean that all of the "looking for a nice Christan male" advertisements are illegal because they are discriminating against non-Chritstans and females? I see those advertisements all the time.

      Disclaimer/Warning: I am a black poster, who is also libertarian. Be prepared for libertarianism and discrimination issues.

      Hmmm, shouldn't the owner of the property have a say in what roommates they should pick? After all, no anti-discrimination law will stop racism, sexism, anti-homosexuality, ageism, xenophobia, and other social ills. It does no good to live in the same space as a bigot, or to accept services and goods from people who wouldn't serve me (what's better, a sign at a restaurant telling me that I'm not allowed, or shoddy service because of my background; they have to let me in, but they can give me terrible service and remain within the law as long as they don't utter a slur. And if I notice that, then I'm accused of "thoughtcrime" and paranoia.).

      Don't get me wrong. I am a vehemoth opponent of Jim Crow laws (that is when a city or state uses government power to restrict freedoms of certain people), and I do not support the types of discrimination enumerated in the various anti-discrimination laws. However, I am a supporter of private property rights, too. I believe that homeowners should be free to decide which types of roomates that they want.

      I wonder what other minority libertarians and minority people of other similar beliefs (such as classical liberals, small-government conservatives of the Goldwater mold, and anarchocapitalists) have to say?

    4. Re:Roommate listings by hsmith · · Score: 1

      wait stop the presses, you mean you wouldn't want to know ahead of time the person you may live with is a bigot!

      i never understand the limited forsight of elected politicians. the only thing we need protection from is government discrimination, because you can't do anything about that.

    5. Re:Roommate listings by soft_guy · · Score: 1

      Don't get me wrong. I am a vehemoth opponent of Jim Crow laws (that is when a city or state uses government power to restrict freedoms of certain people), and I do not support the types of discrimination enumerated in the various anti-discrimination laws.

      I don't see any inconsistancy in your view point. You don't like Jim Crow. You also don't like "Crow Jim".

      Also, "Nice Christian Male" discriminates against "Mean Christian Male".

      --
      Avoid Missing Ball for High Score
    6. Re:Roommate listings by Belseth · · Score: 1
      are they illegal? the ones like "23 yr old female seeks female to share rent, utilities" I mean, I'd love to offer my services despite that damning gender clause

      Yes and if you sued and won I think you'd have a better chance of getting laid at a lesbian biker convention. Sueing over gender discrimination isn't likely to endear you to your would be room mate.

    7. Re:Roommate listings by networkBoy · · Score: 1

      "Catholics are of course not Christian"

      I know several people who would like to beg to differ on that little point;)

      As far as the topic at hand:

      Room for rent, anyone may apply (because the law says you can).
      You will be sharing the flat with me: a homophobic white guy wo is not fond of other races or people who can't speek English good. You decide if you want to apply. . .

      -nB

      As a note, that is not me, and the statement should be "can not speak English well." for the grammer pedants out there.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    8. Re:Roommate listings by tpv · · Score: 1
      That is ridiculously stupid.

      So it means that black lesbian females are going to waste their time going to check out rooms that they have no hope in hell of ever being let.
      If the landlord is going to discriminate, then everyone's better off knowing it up front. The opposite law would make more sense: you can't discriminate unless you advertised that you're going to (although I have no idea how you'd police that.)

      --
      Read more of this story at Slashdot.Read more of this story at Slashdot.Read more of this story at Slashdot.
    9. Re:Roommate listings by tpv · · Score: 1
      Replying to myself (such bad form...)

      black lesbian females.
      I'm sure that lesbian males will be OK.

      --
      Read more of this story at Slashdot.Read more of this story at Slashdot.Read more of this story at Slashdot.
    10. Re:Roommate listings by shutdown+-p+now · · Score: 1
      no, actually catholics don't consider christians as part of their faith... meaning, even if you've been a follower of christianity (baptist, lutherine, methodist, etc...) you can't join the catholic church
      You do realise that Catholics are Christians as well?
    11. Re:Roommate listings by TallMatthew · · Score: 1
      I am a vehemoth opponent of Jim Crow laws (that is when a city or state uses government power to restrict freedoms of certain people), and I do not support the types of discrimination enumerated in the various anti-discrimination laws

      Vehement * Behemoth = Vehemoth?

    12. Re:Roommate listings by FinestLittleSpace · · Score: 1

      I think he was making the point that a Catholic is a Christian, but a Christian is not a Catholic

    13. Re:Roommate listings by Spazntwich · · Score: 1

      FUCK YOU, N00B.

      Slashdot requires you to wait longer between hitting 'reply' and submitting a comment.

      It's been 12 seconds since you hit 'reply'.

    14. Re:Roommate listings by rs79 · · Score: 1

      "Vehement * Behemoth = Vehemoth?"

      Except in Germany where it's Vermouth.

      Jah.

      --
      Need Mercedes parts ?
    15. Re:Roommate listings by An+Onerous+Coward · · Score: 1

      Basically, the FHA has an exemption for people who will be sharing living quarters with the people they rent to. If you're renting out your basement, or looking for a roommate, the FHA doesn't apply.

      --

      You want the truthiness? You can't handle the truthiness!

    16. Re:Roommate listings by Russ+Nelson · · Score: 1

      However, I am a supporter of private property rights, too. I believe that homeowners should be free to decide which types of roomates that they want.

      I may be only a member of the unprotected minority 'geek', but I'll stand behind your right to free speech and free association.
      -russ
      p.s. would we have had the Harlem Renaissance if blacks had been forced to include whites? Would jazz exist? Would the blues exist? Would rock and roll exist? Would Elvis exist without a black culture to emulate? (I don't think so.) Would we have men's fashion without gay boys? Taco Bell without Mexicans?? Why is it that we simultaneously steal from minority cultures and ALSO look down at them for not wanting to merge with white bread culture? Does the good create the bad? Does the bad create the good? Or can we have the good without the bad? Is it an American thing? Is it a human thing? I don't know.

      --
      Don't piss off The Angry Economist
    17. Re:Roommate listings by soft_guy · · Score: 1

      I was raised in the Disciples of Christ and my wife is Catholic. We got married in the Catholic Church no problem.

      --
      Avoid Missing Ball for High Score
    18. Re:Roommate listings by booch · · Score: 1

      Love your disclaimer. And I have to agree with you for the most part. I think the Libertarian Party should change its name to the Sane Party, because what you point out is just common sense.

      However, I think the anti-discrimination laws of the 1960s helped our society to remove a lot of the racism. Granted, the changes in society helped get the laws passed, but I think it flowed both ways -- a virtuous cycle. And perhaps integrating the government facilities, especially the schools, would have done enough.

      I'd argue that the main problem is that the anti-discrimination laws have done their part, and are no longer helpful. They've changed the minds of most people enough. And now they are changing more minds toward resentment.

      Another thing I'd point out, is that back in the 1950s and earlier, when a black person was traveling, they'd often not be able to find any place to serve them. In that case, I think it was better for them to get bad service than no service at all.

      --
      Software sucks. Open Source sucks less.
  7. Lawyers looking for work? by core+plexus · · Score: 3, Insightful
    While I am against discrimination, I believe there are far too many lawyers looking for fame and fortune.

    This case is a non-starter, and the Judge should sanction the plaintiffs, IMO.

    1. Re:Lawyers looking for work? by bladernr · · Score: 1
      While I am against discrimination, I believe there are far too many lawyers looking for fame and fortune.

      Welcome to the world of the Trail Lawyer's Bar. Just vote against anyone that lends them their support and our country will be a better place.

      --
      Sarcasm and hyperbole are the final refuges for weak minds
    2. Re:Lawyers looking for work? by Tyrant+Chang · · Score: 2, Informative

      Ummm, if you read the article it says that the lawsuit was filed by "Chicago Lawyers' Committee for Civil Rights Under Law, Inc." which is affiliated with "National Fair Housing Alliance" not some plaintiff lawyer.

      If you go to their site, it says it is a "public interest law consortium of Chicago's leading law firms" and it tries to "preserve affordable housing, advocates for the rights and interests of poor children"

      And if you go to National Fair Housing site it says it "is the only national organization dedicated soley to end discrimination in housing"

      While they might be looking for fame, I highly doubt that they are looking for fortune. I would say they are more like EFF, ACLU, NAACP - trying to advance their social issue through the legal system.

      Now if you want to argue that judicial system is not the best system to fix society's problems...that would be a whole different issue.

    3. Re:Lawyers looking for work? by Anonymous Coward · · Score: 2, Funny

      I'll bet you didn't vote for him, though.

      That's ok, it turned out he was lying anyway.

    4. Re:Lawyers looking for work? by damsa · · Score: 2, Interesting

      Actually, quite a few poverty lawyers make quite a bit of money on civil rights laws as the statutes award attorney's fees which is usually quite a bit more than actual damages. Not that their motives aren't noble, but it's not exactly a non profit organization.

    5. Re:Lawyers looking for work? by DerekLyons · · Score: 1
      While I am against discrimination, I believe there are far too many lawyers looking for fame and fortune.
      That may be true. But lawyers don't initiate suits - plaintiffs do. It's irrelevant that in this case the plaintiffs are lawyers. (And this is hardly a case that will garner either fame, or fortune.
      This case is a non-starter, and the Judge should sanction the plaintiffs, IMO.
      In other words, you aren't actually against discrimination - or your beliefs are plastic enough to allow you to be *for* discrimination when a group you don't care for (lawyers) are against it.
    6. Re:Lawyers looking for work? by cpt+kangarooski · · Score: 1

      Trail lawyers? Are they like, cowboy lawyers or something?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:Lawyers looking for work? by bladernr · · Score: 1
      I'll bet you didn't vote for him, though.

      You are right, I didn't... but I honestly don't know how me not liking trial lawyers made you think that. I think dislike of lawyers is bipartisan.

      --
      Sarcasm and hyperbole are the final refuges for weak minds
  8. Why sue the messenger? by Anonymous Coward · · Score: 1, Insightful

    ...shouldn't it be the folks who placed the discriminatory ad, rather than the publisher, who should be held accountable?

  9. anti-discriminatory laws by Anonymous Coward · · Score: 1, Interesting

    I've always wondered what's the point of these laws? I agree it is offensive to see a "NO MINORITIES" ad, but the reality is that the people who post such ads will never take a minority tenant regardless of whether they mention it in the ad or not.

    It's happened to me several times that when I call a landlord they sometimes refuse to even let me see the place under the pretext that it's already taken. Then I ask my girlfriend to call, and they tell her it's available and let her go see it.

    1. Re:anti-discriminatory laws by PaulBu · · Score: 2, Funny

      I've always wondered what's the point of these laws? I agree it is offensive to see a "NO MINORITIES" ad...

      Would you feel the same about a "NO MINORS" ad (err, "disclaimer")? ;-)

      Paul B.

    2. Re:anti-discriminatory laws by TubeSteak · · Score: 1

      Well I certainly wouldn't want to be renting out to Minors.

      I mean... They should be shooting for a Major. You don't get a diploma for a 'minor' in anything at college.

      I can discriminate if they won't double major can't I?

      --
      [Fuck Beta]
      o0t!
    3. Re:anti-discriminatory laws by ScrewMaster · · Score: 2, Interesting

      Well, I happen to be a white guy and for a few years had a girlfriend who was African. Probably the least bigoted person I've ever met. But, I remember when she asked me to call about an apartment for rent, and the African-American woman that answered the phone immediately demanded, "Are you white?" I said yes, and she said flatly, "Your girlfriend will have to call for herself. We don't talk to white people" and hung up on me.

      Discrimination is not a unilateral phenomenon. It's perpetuated on all sides.

      --
      The higher the technology, the sharper that two-edged sword.
    4. Re:anti-discriminatory laws by Shanep · · Score: 1

      Discrimination is not a unilateral phenomenon. It's perpetuated on all sides.

      Very true. And I HATE it with a passion, when people call what you described with that phone call "anti racism". Racism is racism.

      --
      War crimes, torture, lies, illegal spying... Would someone give Bush a blowjob, already, so he can be impeached?
    5. Re:anti-discriminatory laws by Shanep · · Score: 1

      Actually, they call it "reverse racism" or "reverse discrimination."

      Thank you, that's what I meant.

      And it's anti-racists who argue that racism can only be practiced by a socio-economically dominate racial group against a poor/underprivileged/lower-class racial group. So by definition blacks anywhere can't be racist because in America whites are dominant and in the world western nations are dominant.

      I don't dispute that this might be the case. But it seems like a ridiculous way to think. It's as if disliking someone due to their race is okay if you have a good reason to dislike them (they are dominant and racist towards you). But really it is still wrong because if you dislike people who are dominant or racist towards you, then you could hardly be blamed. But disliking those same people BECAUSE of their race is racism itself and wrong. Dislike people for real reasons, not because of the colour of their skin or where they are from.

      As far as I am concerned, racism is a hatred or judgmental feeling towards someone based on nothing but racial matters. As far as I am concerned you can be a racist regardless of your own race or social standing.

      BTW, I realise you were not necessarily putting your own stance in that post.

      --
      War crimes, torture, lies, illegal spying... Would someone give Bush a blowjob, already, so he can be impeached?
  10. Here is the difference. MONEY by layer3switch · · Score: 2, Informative

    If it was free service as in Slashdot posting free, sure, it shouldn't matter what crackpot ads are on Craigslist. BUT that's not the case. Craigslist DOES take money for posting ads by collecting fee from ad posters.

    Hence Craigslist is directly responsible for allowing discriminatory ads.

    Get the facts.

    --
    "Don't let fools fool you. They are the clever ones."
  11. Desperate Lawyers by putko · · Score: 2, Interesting

    It is a case of some desperate, moneygrubbing lawyers - trying to make something off of Craig.

    One option people are not talking about would be to get rid of the fair housing act, which would allow property owners the freedom to do with their property as they wish.

    One problem with the current regime is that the federal housing authority usually only goes after white people discriminating against non-whites. That's stupid because these days, in places like New York or LA, most of the discrimination is taking place between different non-white groups. E.g. hispanics only renting to hispanics (and not blacks).

    --
    http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    1. Re:Desperate Lawyers by ScooterBill · · Score: 1

      The common misconception is that a persons skin color, religion, or ethnic background make people more or less compatible. The more useful criteria are things like interests, hobbies, music, movies, etc. Sex could be considered an exception since a bathroom may be shared and it's ok to discriminate with public restrooms.

    2. Re:Desperate Lawyers by nomadic · · Score: 2, Informative

      It is a case of some desperate, moneygrubbing lawyers - trying to make something off of Craig.

      Next time read the article before making wild attacks. It's a bunch of pro bono lawyers, so they're not getting paid, and the article doesn't mention anything about seeking economic damages; they simply want them to initiate certain measures to prevent the discriminatory ads. I think they're wrong, and they're going to lose, but I can disagree with them without resorting to the tired old ignorant "blah blah lawyers only want money" idiocy.

    3. Re:Desperate Lawyers by bpd1069 · · Score: 1

      strawman...

      --
      --
    4. Re:Desperate Lawyers by putko · · Score: 1

      You don't think they'll move to get their fees (at the end)?

      If they win the case, they'll get paid their fees.

      Civil Rights lawyering is big business. It really pays. Just ask Jesse "baby daddy" Jackson.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    5. Re:Desperate Lawyers by bigtrike · · Score: 1

      "pro-bono" means free. I know many lawyers who donate their time for free without ulterior motives. Whether or not the majority of lawyers do this, I can't say as I have not conducted a study. But it does happen.

    6. Re:Desperate Lawyers by putko · · Score: 1

      Read here: http://www.abanet.org/irr/hr/summer04/sourcebook.h tml

      It is clear that if they win this case, they have a chance of getting fess.

      Pro bono my black ass!

      In any case, if they get a precedent, they open up a whole new field of litigation: suing online forum operators. That gravy train will have a long life.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    7. Re:Desperate Lawyers by putko · · Score: 1

      Here's more on this, from the parasites themselves: http://www.lawyerscomm.org/2005website/probono/pro bono.html

      Go to the bottom. You'll see the stuff about collecting the fees.

      So they get to "tikkun olam" and get paid! Great.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
  12. I'm Pro Choice by Anonymous Coward · · Score: 1, Insightful

    I believe individuals have a right to decide with whom they transact business. Like most people, I have my personal likes and dislikes. I don't want the state imposing its will on me. Government does not belong in getting involved with personal choice.

    1. Re:I'm Pro Choice by layer3switch · · Score: 2, Interesting

      Pro Choice goes both ways.

      For instance, by your definition of "Pro-choice";

      Your new boss comes over and fire you for not being "his/her" kind. That's a pro-choice, right?
      Your landlord tells you that he/she is not renewing your lease because you are not his/her kind. Pro-choice right?
      Gas attendant doesn't want to serve your kind. Pro-choice? Yup.
      Your application for a loan is turned down because Bank doesn't want your kind running business in the neighborhood. Pro-choice! yeah~
      Your kind can't use his/her kind's bathroom because bathroom isn't for your kind. Pro-choice written all over.
      Your kind can't shop at his/her kind's store. You have to walk 20 miles down the road to shop at your kind's store. Pro-choice is the brand of that sneaker!

      Get the point?

      --
      "Don't let fools fool you. They are the clever ones."
    2. Re:I'm Pro Choice by layer3switch · · Score: 1

      "Yup!"
      So you agree that Pro-choice goes both ways.. lets see...

      "But if they fire you because you remind them of their ex-*friend or their mother inlaw, that's fine?"
      Yup. You are only thinking of freedom for employer. What about freedom for employee? You don't need a reason to fire someone if you live in "hire-at-will" state as long as you are not firing anyone based on race, sex, religion and age which are protected by Constitution.

      "But if I discover I'm a "cat person", and want a cat, they can kick me out?"
      Yup. Cats are not protected by Constitution as humans. Animals Rights Act doesn't cover rent right issue.

      "So they lose me as a customer, and unbiased people get more business. Jerks losing money is a bad thing?"
      It's not about "jerks" losing money. It's about your equal right to access public facility. Someone puts business in public regardless it's privately owned or publically traded, "jerks" are to obey the law of the land, not obey only when it favors his/her preference.

      "If they don't want to give you money, why should they be forced to? It belongs to them."
      First of all, no money given by FDIC insured banks are excempted from FDIC rules and regulation. http://www.fdic.gov/regulations/laws/rules/2000-60 00.html
      If they don't want to be insured, banks can surely do without one could do business. It's called "loan sharks" and surely they can discriminate all they want.

      "Bathroom is for paying customers only".
      Good point. But if that sign says "Bathroom is for CERTAIN paying customers only," and you and your girlfriend have to piss by tree, you'll literally be "pissed," too.

      So we outlaw FUBU and women-only gyms?"
      First of all, FUBU means "For Us, By Us" so where do you get that idea that it's only for "certain" people? Now, "women-only gyms" is the good example. IMHO, it's unconstitutional. As some states already illegalized this type of estabilishment, but Penn. and Mass has voted in favor of single-sex gym. So the issue is still out there.
      http://archives.cnn.com/2000/HEALTH/diet.fitness/0 5/31/women.only.wmd/
      When NOW (National Organization for Woman) fights against women-only gyms, we know this issue is screwed up (without taking any side).

      "...when it comes to friends, family, associates, business partners, lovers, spouses, and people that ask me for dates I can discriminate freely by sex, age, intelligence, politics, race, beauty and kindness..."
      No. I rather have woman date me regardless. Matter of fact, it should be law that all woman should date me. I don't discriminate love~ or casual sex for that matter... (oh god..)
      Anyway, my point is, it's your life and your freedom, not other's you are affecting when it comes to your personal relationship. It's that "CERTAIN" kind of discrimination that made it possible for racism and separatism/sectarian states to be TOLERABLE in our previous society. Didn't we already learn this lesson during CIVIL WAR and Civil Rights Movement???

      --
      "Don't let fools fool you. They are the clever ones."
    3. Re:I'm Pro Choice by Just+Another+Poster · · Score: 1
      Yup. You are only thinking of freedom for employer. What about freedom for employee?

      People have no rights to anything that deprives others of their money, property or liberty; including their freedom of association.

      It's not about "jerks" losing money. It's about your equal right to access public facility.

      A public facility is one that is government owned or operated. A "public accommodation" is a legal distinction invented 40 years ago to justify infringements on private property rights and freedom of association.

    4. Re:I'm Pro Choice by yndrd1984 · · Score: 1
      What about freedom for employee?

      What about it? Outside of contracts that have already been signed, both can do what they like. If the employee can quit because the new boss is black, the employer should have the same liberty. And I can't imagine you're saying that people should be forced to keep working at their current job if they want to quit, even if their reason is immoral.

      not firing anyone based on race, sex, religion and age which are protected by Constitution.

      No. The state can't discriminate based on those traits because of the Constitution. Discrimination by individuals or companies is a matter for the legislature, not the Constitution.

      Someone puts business in public

      Private businesses, even publicly traded ones, are't public, by definition. "Public accomodation" is a legal fiction, like "corporate personhood", that allows the government to do things that it otherwise could not.

      I rather have woman date me regardless.

      Women only? You intolerant bigot! Big hairy men need lovin', too!

      Anyway, my point is, it's your life and your freedom, not other's you are affecting when it comes to your personal relationship.

      That's just silly. If I don't date redheads, blacks or men that definitely does affect them.

      My real point is that you've drawn an odd line around personal freedom, based on the areas of life that are touched by money. I can avoid being friends with black people, write books about how they were better of under slavery and put up a "Die, Nigger, Die!" poster in my room, all as part of being free, but if I advertise for a white roommate, then I've suddenly done something illegal?

      You've taken "The right to swing your arm ends at my nose" and added "unless money changes hands or certain groups are affected". Why?

  13. Re:From TFA by kfg · · Score: 1

    If by "threat" you mean the "lack of an FBI dossier on every man, woman and child who might do something we don't like, which means every man, woman, child and their pets":

    Yes.

    KFG

  14. *shakes head* by Xserv · · Score: 1

    You absolutely have to be kidding me. Craigslist has disclaimer's for that stuff. It's just like the people who were complaining about the fact that, in some markets, charging for listings of rental properties was "unlawful" and "unfair" when it's necessary to keep the people who are abusing the system from doing it.

    Damn lawyers . . .

    --
    "I love lamp."
  15. Here the Lawyers are now by putko · · Score: 1

    Here are the lawyers that are suing Craig: http://www.clccrul.org/list.htm

    --
    http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    1. Re:Here the Lawyers are now by BerkeleyDude · · Score: 1

      Here are the lawyers that are suing Craig: http://www.clccrul.org/list.htm

      If all of us suddenly decided to visit it...

      Is anyone else thinking what I'm thinking?

    2. Re:Here the Lawyers are now by Domo-Sun · · Score: 1

      Here are the lawyers that are suing Craig: http://www.clccrul.org/list.htm

      Oh my god, they're all white! Let's sue them.

      Anyone know a good lawyer? I here the Chicago Lawyers' Committee For Civil Rights are good at discrimination cases.

    3. Re:Here the Lawyers are now by putko · · Score: 1

      More preceisely, some are white, and some are Jews.

      Just imagine a soccer-game/war/contest between Israel and the US. The whites will (justa bout) all want the US to win. The Jews may or may not.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
  16. Bullshit. by Anonymous Coward · · Score: 4, Insightful

    There is nothing wrong withd discriminating when choosing a roommate. Some people naturally feel more comfortable living with the same sex. Some people are more comfortable living with people their own age.

    They listed:

    race, gender, family status, religion

    Race - although there is no good reason to discriminate based on this, some cultures have attitudes that create conflicts.

    Gender - some people (maybe most) are more comfortable being roommates with the same sex.

    Family Status - If I'm a college student, I don't want to be living with a single mother with a baby. That's not the housing situation you want to be in. People live very different lives and some people in some situations just don't fit together.

    Religion - If I'm a christian, I probably don't want a large atheist symbol decorated around the house.

    You see, in situations where it doesn't matter, discrimination is bad. In the case of living situations where roommates must get along, it's a necessity.

    You can't stop the discrimination anyway. Everyone has their preferences. Whether they screen in their post or after someone calls, people will still get screened, so the attempt is largely ineffective anyway.

    1. Re:Bullshit. by Anonymous Coward · · Score: 2, Funny

      ...there are atheist symbols?

    2. Re:Bullshit. by layer3switch · · Score: 1

      OP meant posters of JANEANE GAROFALO

      --
      "Don't let fools fool you. They are the clever ones."
    3. Re:Bullshit. by m50d · · Score: 1

      The invisible pink unicorn is an atheist symbol. Of course it's pretty hard to draw...

      --
      I am trolling
    4. Re:Bullshit. by rgoldste · · Score: 2, Insightful

      The "you can't stop discrimination anyway" attitude, had it been made policy, would probably have blocked the tremendous progress the U.S. has made in race relations and civil rights.

      Under your logic, the Supreme Court should never have ruled school segregation was unconstitutional because they predicted white-flight from urban schools. Imagine telling Chief Justice Warren, "Don't bother upholding the constitution because whatever you do, the white folks will still have their white-only (or white-dominated) schools. They'll just move to the suburbs."

      Furthermore, the "you can't stop discrimination anyway" attitude is empirically wrong. Laws don't change attitudes overnight, but the law is a tremendously powerful normative force. Before Loving v. Virginia, anti-miscegenation laws were common and interracial relationships--to say nothing of marriages!--were taboo. Roughly 40 years later, most people (or at least, more people) don't bat an eye when they see interracial couples, and some people think it should be positively encouraged.

      Fair housing laws are on the same line, in that by prohibiting many types of discrimination, they are an expression of social condemnation of those types of discrimination. By increasing the costs of discrimination, they further make rational actors engage in it less. And since discrimination is founded upon ignorance and fear of the unknown, forcing different races, religions, etc. to cohabit is a powerful way to reduce or eliminate discrimination in the long run.

      In response to your objection that some people feel more comfortable living with others of similar background, the Fair Housing Act generally exempts single-family residences and dwellings intended for four or fewer families, if the owner resides in that dwelling. 42 U.S.C 3603(b).

    5. Re:Bullshit. by Antony-Kyre · · Score: 1

      Isn't there a big difference between a person renting a housing unit wanting a specific roommateand a person who rents out the housing units to anyone they wish?

      Hypothetically, if I own some apartments, I shouldn't have the right to discriminate on who lives there and who doesn't live there. However, shouldn't the tenants be able to choose however they please (legally,not morally, speaking?

    6. Re:Bullshit. by magicchex · · Score: 1

      I am not a christian and would love to have one of these "atheist symbols." Please get back to me on what they are and where I can obtain them.

      --
      How many fulltime jobs can one man have?
    7. Re:Bullshit. by glesga_kiss · · Score: 1
      ...there are atheist symbols?

      Sure, the Flying Spagetti Monster is pretty much an athiest symbol, leaning more to darwinism as a "belief". Prior to that, the Darwin Fish has been around for a while.

      I'm all for the creation of an athiest "religion". More of a collection of people who are fed up of religious nutjobs fighting for their own place in heaven on a global stage. I reckon there are more of us than them and it's about time to tell them we've had enough of their bullshit dogma.

    8. Re:Bullshit. by JWhiton · · Score: 1

      I'm guessing maybe a portrait of David Hume or Richard Dawkins? Maybe Sigmund Freud or Socrates? Or maybe it's a big picture of Nietzsche that says "God is dead." Choose your furnishing wisely when living with your theistic landlord!

    9. Re:Bullshit. by ces · · Score: 2, Informative

      A number of people here seem to be confused as to how the Fair Housing Act applies to shared housing situations as opposed to rental or sale of entire units.

      If you are advertising for a shared housing situation you are allowed to state your gender, religion, age, race, etc. Similarly you are allowed to state preferences that otherwise would not be allowed in housing ads.

      Our local paper won't even allow ads that state an apartment or house for rent or sale is near a church (i.e. "Near St.Mark's"), however they do allow "wanted to share" ads with statements like "Wanted: Christian male professional to share with same". I suspect that it is a fairly safe bet there is an exception to the Fair Housing Act for shared living situations.

      From what I've seen on Craigslist 99% of the housing ads that could be considered to have discriminitory language are for shared housing. I don't think I've ever seen an ad for an entire apartment or house posted that would violate the Fair Housing Act. This isn't to say such ads haven't been posted but I suspect they are rare.

      Why is this? For one people tend to be much more picky about who they will get into a shared housing situation with. For another those who are posting houses or apartments for rent very likely have been in the business of renting property for a while and know the rules so don't post ads they couldn't post in the local paper.

      --
      Happy Fun Ball is for external use only.
    10. Re:Bullshit. by Rude+Turnip · · Score: 1

      1. How can the FSM be an atheist symbol if His Noodliness is real?

      2. There is way more than just one type of atheism. Atheism isn't a religion in and of itself, is an aspect of a set of religious beliefs. And, some beliefs could be more atheist than others. Some atheists simply don't subscribe to a personified, anthropomorphic god (ie Yahweh from the "Big 3") and believe in more of an impersonal force, if I may borrow from Star Wars, that may even be subject to scientific measurement. A number of Quakers could be considered atheists, but still follow certain christian values; mostly those about not being a dick to others. I even read of a catholic priest who's an atheist, which, in theory, is possible. Other atheists could be a bunch of nihlist emo kids into cutting themselves that don't believe in "anything," which seems more of a fashion statement than a religion.

    11. Re:Bullshit. by An+Onerous+Coward · · Score: 1

      Here in Utah, when you're looking at postings for apartments, you often see "LDS standards" as a qualification. I don't know where such a phrase stands legally, but it's usually interpreted as "no smoking, no drinking, no swearing, no carnal relations." Most of the time, I see it on ads for shared housing situations, which probably makes it safe. But if anyone ever took the phrase to court, I'm sure they'd argue that the phrase was specifying a standard of behavior, not a religious preference.

      I'm just wondering how well that would hold up in court.

      --

      You want the truthiness? You can't handle the truthiness!

  17. it's not a *newspaper* by sdnoob · · Score: 2, Informative

    craigslist is not a newspaper. if the law is that specific, then however flawed it may be today, it still does not apply.

    also, from the article:

    EBay Inc. owns 25 percent of Craigslist.

    perhaps someone is just smelling easy money?

    The site last month added a yellow link on each housing ad warning that "Stating a discriminatory preference in a housing post is illegal." When clicked, users get information about the Fair Housing Act and guidance on how to write ads that comply.

    that, along with a disclaimer stating that postings are the property and sole responsibility of the poster should remove craiglist's legal responsibility; however they can be good net citizens by taking some editorial control over listings (which they've also done); *especially* if they're being paid for the listing.

    Several Internet law experts said the suit seems likely to fail, citing a 1996 federal law that says an online service provider isn't considered a publisher or a speaker when it merely passes along information provided by someone else.

    this could come back to bite blogs right in the ass, because blogs are looking for credibility as news publishers. many contain summaries and links of other blogs, so they're just 'passing along' information as well; and they feature interactive services (such as comments, polls, and other content like a portal or other 'service provider')... yet a successful defense by craigslist on this ground would shoot that all to hell.

    1. Re:it's not a *newspaper* by Vellmont · · Score: 2, Insightful


      this could come back to bite blogs right in the ass, because blogs are looking for credibility as news publishers. many contain summaries and links of other blogs


      Well, assuming the 1996 law truly does cover online service providers, why would it cover blog authors? A blog clearly IS a publication, and obviously that's it's intent. Why would you think a blog author is an online service provider?

      --
      AccountKiller
    2. Re:it's not a *newspaper* by anaesthetica · · Score: 1
      EBay Inc. owns 25 percent of Craigslist.

      perhaps someone is just smelling easy money?

      Perhaps, but I highly doubt a housing organization's lawyers have enough juice to take on eBay's bevy of retained, fuck-off lawyer-ninjas.

  18. Housing Discrimination = better than alternative ? by freddie · · Score: 4, Insightful

    A lot of people on craigslist are looking for roommates. That is something more than just renting some random piece of property to a random person. Most people looking for roommates may have in mind somebody of an age-range, ethnicity, religion, or sex that is compatible with them. People ought to be able to select roommates on whatever criteria they feel is appropiate.

    Suppose people feel intimidated and stop posting their preferences in the ads. They're still going to have their preference though they might not tell you. For example, suppose you are a girl, and the person is looking for a male roommate. Then you'll end up showing to see a property that the owner is not really prepared to rent out to you, wasting your time and wasting their time. I don't think anybody really wants that.

  19. Who's the fair housing act applying to? by British · · Score: 1

    Is it applying to just official landlords who have apartments, all the paperwork, yackety yack...

    or...

    Is it applying to homeowners that has a spare room for rent? Ie someone that can't get ratted out if the a/c breaks and the owner doesn't fix it?

    1. Re:Who's the fair housing act applying to? by damsa · · Score: 1

      FHA doesn't apply to homeowners who rent out a room in their own home in which they also reside in. But if you move out and rent out rooms then the FHA would apply.

  20. Publisher or distributor? by beldraen · · Score: 2, Insightful

    IANAL.. blah, blah, blah..

    In general, if a service makes no attempt to censor its contents, it can be considered a distributor and is not responsible for its content; thus, that is why internet news groups do not get ISPs in trouble. If Craig's list makes any attempt to regulate the content (removes postings, states criteria, etc), it is a publisher and is subject to being liable for its content. As for where they stand? That's going to be up to the court.

    --
    Bel, the mostly sane.. "Of course I can't see anything! I'm standing on the shoulders of idiots." -- Me
  21. This /. article... by Scorpion_1169 · · Score: 2, Funny

    This /. article has been removed by the craiglist community.

  22. Re:Here is the difference. MONEY by log0n · · Score: 3, Informative

    I think you're confused. Or you've never used Craigslist.

    It doesn't cost anything to post an ad on Craigslist. And there's no traditional internet advertising (ie google adsense, yahoo ads, etc) from which to generate revenue.

    I'm not sure how Craig makes money, but I'm pretty sure it's not from advertising.

  23. Re:From TFA by Zeinfeld · · Score: 1, Interesting
    How fscking stupid can you iberals be? Next thing the weather you don't like will be the fault of GWB

    Only to the extent that he is doing nothing to stop global warming has done his best to prevent increasing fuel economy restrictions on cars and in particular SUV and has intentionally disrupted other nations attempts to address the problem.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  24. Obligatory Bill of Rights post by cr@ckwhore · · Score: 2, Interesting

    Amendment I - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    Sounds pretty clear to me.

    --
    Skiers and Riders -- http://www.snowjournal.com
    1. Re:Obligatory Bill of Rights post by kfg · · Score: 1

      Sounds pretty clear to me.

      You need 'training.' Let me take you into the 'classroom' and 'splain it to you. Thwap! Thwap! Thwap!

      KFG

    2. Re:Obligatory Bill of Rights post by Anonymous Coward · · Score: 1, Interesting

      Let me introduce you to the Sedition Act of 1798:

      That if any person shall write, print, utter. Or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them. or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

      You're allowed to speak freely only within a marginalized box. Thankfully, March 3rd, 1801, has passed come and gone... well, at least, we like to think it has.

    3. Re:Obligatory Bill of Rights post by linguae · · Score: 1

      And don't forget an overlooked, but very important amendment - the 10th Amendment:

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

      This is also known as federalism, or "state rights." Anything not covered under the Constitution is left to the states, cities, and people to decide. Ideally, that is the way the country was (and should be) structures, a small federal government handling certain national issues that states can't provide individually, and the states control the rest. Unfortunately, this amendment has been largely shoved aside since 1933 (and some people will say 1861), and the federal government has now became very big and uses its weight a lot.

      The other problem with the term "state rights" is that it has been attached to certain restrictive laws such as Jim Crow laws, to the point that whenever you say "state rights," some circles will think that this is a codename for Jim Crow laws and other similar laws. However, this disdain for the term has also lead to a disdain in the true spirit of federalism in general, and it is used as an excuse to expand federal power in all directions.

    4. Re:Obligatory Bill of Rights post by darkmeridian · · Score: 1

      Obligatory "fire in the theatre post. If I put an ad out which said, "Apartment for Rent: Blacks Need Not Apply", that's a problem. It's my house, sure, and I may really hate blackes (which is not illegal since it would be a thought crime). But I cannot exclude blacks. Nor can I post an ad saying that.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    5. Re:Obligatory Bill of Rights post by Keeper · · Score: 1

      You are indeed free to say and print whatever you want. That does not mean that you can say whatever you want and escape the consequences of those actions.

    6. Re:Obligatory Bill of Rights post by Sloppy · · Score: 2, Interesting
      You are indeed free to say and print whatever you want. That does not mean that you can say whatever you want and escape the consequences of those actions.
      You can publish a pamphlet saying that Britain's taxes are unfair and therefore the colonies should break away and form their own independent government, but that doesn't mean you can't be arrested for doing so.

      Uh.. wait... what was the motive for having the First Amendment? Oh, now I remember: escaping consequences.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    7. Re:Obligatory Bill of Rights post by RexRhino · · Score: 1

      The constitution is interesting as a historical document, but has no bearing on the modern day operation of the U.S. government.

    8. Re:Obligatory Bill of Rights post by mnemonic_ · · Score: 1

      Showing off your 5th grade civics education eh?

    9. Re:Obligatory Bill of Rights post by Keeper · · Score: 1

      You are one clueless fuck if you can't distinguish the difference between being prosecuted for saying "I'll give you $5 for a blowjob" to a prostitute and being prosecuted for soliciting a prostite. I'll give you a hint; you're not being prosecuted for the content of your speach, but rather your actions and intent.

    10. Re:Obligatory Bill of Rights post by Sloppy · · Score: 1
      You are one clueless fuck
      Hey now, please don't bring that up; it's been done to death.

      In a way, I was semi-trolling (actually, that shadowy world in between trolling and musing), but...

      I'll give you a hint; you're not being prosecuted for the content of your speach, but rather your actions and intent.
      And the publisher of an anti-British-taxes pamphlet in 1775 could be punished not for what he said, but his actions and intent (overthrowing British rule).
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    11. Re:Obligatory Bill of Rights post by Russ+Nelson · · Score: 1

      Unfortunately, this amendment has been largely shoved aside since 1933 (and some people will say 1861), and the federal government has now became very big and uses its weight a lot.

      Yep. The problem is that it's clear that some legislation is necessary, but how do you know what is and what isn't necessary? What produces good results both in the long term and the short term? You have to try the ideas out in a smaller venue. So maybe "free" health care is a good thing? If you want it, move to Minnesota, live there long enough to be eligible, live long, and prosper. Maybe you want to live some place where peaceful citizens cannot own handguns -- only policemen and criminals. They you'd want to love to New York City. Maybe you want to live some place where abortion is illegal? So move out to Kansas or whatever other states make abortion illegal once Paddle vs Swim is overturned.

      Our national government's design is a feature, not a bug!
      -russ

      --
      Don't piss off The Angry Economist
    12. Re:Obligatory Bill of Rights post by Russ+Nelson · · Score: 1

      If you shout "theatre" in a crowded fire, sure, there may be consequences. There may also not be consequences since you may be a well-known false-theatre-shouter. If you say that you don't want to rent your apartment to men because you think men trash apartments, then you are only telling the truth about your feelings. If some guy can't find an apartment, is it YOUR fault? Of course not, because it would have to be the fault of everybody who doesn't want to rent to reputed apartment trashers.
      -russ

      --
      Don't piss off The Angry Economist
    13. Re:Obligatory Bill of Rights post by Russ+Nelson · · Score: 1

      Only because people don't require that the government abide by its side of the compact. A right to free speech is still a valuable right.
      -russ

      --
      Don't piss off The Angry Economist
    14. Re:Obligatory Bill of Rights post by Keeper · · Score: 1

      There is a difference between saying "I don't want to rent it to men" and saying "I will not rent it to men". If you are a landlord advertising an apartment for sale, and state "men need not apply" in an ad, you're running afoul of anti-discrimination laws. It has nothing to do with your right to state your feelings on how men treat apartments.

  25. Re:Here is the difference. MONEY by Anonymous Coward · · Score: 1, Informative

    Except...you're wrong.

    Anyone can post a housing ad on Craigslist, for free.

  26. Speaking of ignorance... by porkchop_d_clown · · Score: 4, Informative

    There is plenty of case law that has upheld the constitutionality of anti-discrimination laws such as the fair housing act. Congress did not intend to give online companies a pass on those acts and intentionally facilitate discrimination.

    There's also plenty of case law saying that online services are not responsible for the content of messages published. There is no evidence that Craigslist itself was discriminating against anyone - particularly since they have procedures for removing any ads which trigger complaints.

    1. Re:Speaking of ignorance... by Jeian · · Score: 1

      Tell that to the Church of Scientology.

  27. I Challenge YOU... by PaulBu · · Score: 1

    ... to mod this one up! (posted before in this thread, you know...).

    Paul B.

  28. What if it was legal to state your preferences? by Anonymous Coward · · Score: 4, Interesting

    This may sound like a strange thing to say but as a lifelong tenant who's looked for dozens of apartments in a few different cities, I actually wish landlords were allowed to spell out their preferences (and prejudices.)

    Fair housing laws are pretty much all lip service, IMO. It's not like employment laws where you can judge by qualifications-- there is no real way to measure who would make a good tenant. And landlords almost always have a certain type of person in mind-- maybe a newlywed couple, maybe a certain income or professional range, maybe straight (or gay) only, maybe Asian, Hispanic, White or Black. They'll take all applicants and go through all the motions because they have to, but in the end the lucky tenant is always the one who comes closest to the preconceived notion.

    I'm not really saying we should go back to the days of "blacks need not apply"... But it would certainly save me as a prospective tenant a lot of time and hassle if landlords were free to let me know in advance I'm not what they're looking for.

    1. Re:What if it was legal to state your preferences? by sfjoe · · Score: 1


      Fair housing laws are pretty much all lip service, IMO. It's not like employment laws where you can judge by qualifications-- there is no real way to measure who would make a good tenant

      Possibly true. However, if two people with EXACTLY the same background and references show up to rent a place and the black/hispanic/gay one never gets "qualified", that says a lot.
      There are groups who do this exact kind of thing and they've whacked corporations like Wells-Fargo pretty hard for it.

      --
      It's simple: I demand prosecution for torture.
  29. This is utter stupidity. by Khyber · · Score: 1

    Screw that, hold the landlord posting these tenant requirements responsible, as they're the ones breaking the law advertising that crap in the first place! If it's within the United States' borders, then these people should be following the laws of the United States when posting stuff to the internet, especially when it's dealing with real estate, and just happens to be business in the United States, which is bound by US Law, as is any other business regarding equal opportunity.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    1. Re:This is utter stupidity. by Anonymous Coward · · Score: 2, Insightful

      You are wrong. Citizens have a responsibility to disobey corrupt laws. If we can learn anything from the late Dr. Martin Luther King, it is that. Civil disobedience against onerous "laws" is our duty as free men and women. Uncle Sam needs to stay out of our bedrooms in every way. Government interference with individual choices is intrusive, onerous, and beyond the pale. Just because some corrupt officials can push through a "law" does not make it "a right".

    2. Re:This is utter stupidity. by Lehk228 · · Score: 1

      you do realize that FHA DOES NOT apply to roommates or to homeowners renting a room in the house they reside at.

      --
      Snowden and Manning are heroes.
  30. Here is the difference. NO MONEY! by microcars · · Score: 1
    I corrected your post:

    If it was free service as in Slashdot posting free, sure, it shouldn't matter what crackpot ads are on Craigslist. SO that's not the case. Craigslist DOES NOT take money for posting HOUSING ads by collecting fee from HOUSING ad posters.

    Hence Craigslist is NOT responsible for allowing discriminatory ads.

    Get the facts.

    --
    I like microcars
  31. There is a response by Digz · · Score: 1
    on Craiglist already.

    You can see it here.

    Basically looks like a bunch of nothing (even moreso) when you read the response.

    --
    SYS 64738
    1. Re:There is a response by An+Onerous+Coward · · Score: 1

      Cool.

      A lot of the examples they cite are specifically of the sort that HUD refuses to pursue (shared housing environments, use of a church as a landmark for directions, etc.)

      I don't think this case has much of a chance. I think Craigslist protests too much when they complain that there isn't any way to have a person read through every listing looking for potential violations (there's a lot you can do with some basic natural language processing). But as someone who considers Craigslist wonderful, and is kind of toying with the idea of a Craigslist-ish site, I'd prefer to see this suit go down in flames.

      --

      You want the truthiness? You can't handle the truthiness!

  32. This would lead to superficial changes only by Girckin · · Score: 1

    Changing whether people post their preferences isn't actually going to change how people act. If a woman only wants a female room-mate her being forbidden to post that fact isn't going to change her preference. It only means that more people will contact her who she doesn't want to live with, and that she will have to turn down more contacts.

    It just decreases the efficiency of the system, and provides a superficial illusion of change. It doesn't even remotely address any of the deeper issues actually related to discrimination which these lawyers claim to care about.

  33. Re:Here is the difference. MONEY by soft_guy · · Score: 1

    I thought I read (a few days ago) that they were going to start charging for housing ads.

    --
    Avoid Missing Ball for High Score
  34. Freedom of Association by Void+Incarnate · · Score: 3, Insightful

    Whatever happened to people being able to freely associate, or not, with whomever they want? If someone has a place to rent and they only want to rent to a particular group, or exclude a group, who is anyone else to tell them what they can do with their property?

    1. Re:Freedom of Association by damsa · · Score: 2, Insightful

      You can freely associate, if you live in the property. You can discrimnate all you want. It's when you are using the home for income, then there is a problem. The act of excluding certain people from housing has a detrimental effect on commerce. If a motel refuses to rent to Canadians, then the city would lose money from Canadian tourists or there is a danger that Canadians would be forced to sleep out on the streets. So when you do business that is open to the public, you agree to certain rules, including the rule that you take in Canadians.

    2. Re:Freedom of Association by Jeff+DeMaagd · · Score: 1

      I think you have an excellent point. I would call this a frivolous lawsuit for those looking for roomates.

      It is one thing to restrict non-roomate renters or buyers based on the race, sex, etc, I think that is clearly wrong. I do consider it a free association issue, it shouldn't be turned to compusion in order to save on rent. I wonder how this would be seen if someone was objecting to a gay man wanting a gay roomie rather than straight.

    3. Re:Freedom of Association by linguae · · Score: 2, Interesting

      Disclaimer/Warning: I am a black poster, who is also libertarian. Be prepared for libertarianism and discrimination issues.

      Well, during the Civil Rights Movement, the original focus of the movement was to topple the Jim Crow laws, which stifled the freedoms of African-Americans (and other minority groups). Segregation was enforced throughout many businesses and government services, especially in Southern states; in fact, it was against the law for a business to not practice segregation. Affected people weren't even allowed to vote in many locales without many strings attached (such as literacy tests), despite the 15th and 19th amendments.

      The Civil Rights Movement toppled all restrictive Jim Crow laws, and the people were finally free. They achieved many other acts such as the Civil Rights Acts of 1957 and 1960, as well as the Voting Rights Act of 1965, which are compatible with freedom. However, the Movement shifted from liberty-based goals to a egalitarian-based goals. Certain civil rights leaders and politicians started pushing for more egalitarian-based regulations that (ironically) restricted the freedoms of private property holders to associate (or disassociate) with certain people. For example, the Civil Rights Acts of 1964 and 1968 are of a different character than the eariler acts. Plus, the entire politics of the nation at the time has switched from a limited government, conservative administration to an administration, which values egalitarianism over liberty (look at Lyndon B. Johnson's presidency. The federal government expanded like melted butter during his tenure).

      I am very grateful for the achievements of the Civil Rights Movement. However, certain legislation made during that area comes at odds with individual liberties. Besides, racism (and other forms of discrimination based on other characteristics) is still alive and kicking. No laws can or will eliminate those forms of discrimination. Those are social things that government can't fix. As Barry Goldwater said, "you cannot legislate morality." Perhaps it is time to rethink the role of government in social issues.

    4. Re:Freedom of Association by bpd1069 · · Score: 1

      Whatever happened to people being able to freely associate with whomever they want? If someone wants to rent some place who is anyone else to tell them what they can't rent their property?

      and yes these are conflicting statement...

      --
      --
    5. Re:Freedom of Association by 808140 · · Score: 1

      I share your basic view, but I think that some types of laws intended to enforce egalitarianism are, while inherently freedom-reducing or racist in character, nonetheless good for society as a whole. I am white and not a libertarian (although I used to be).

      Let me start with an anecdote. I grew up in the suburbs and didn't interact much with African Americans before university. Like most white kids who aren't affected directly by racism, I felt that racism was mostly dead (but as you pointed out, it's still very much alive and kicking, albeit more underground and subtle than it used to be). I was, in fact, quite racist without realizing it: not in a malicious way, but rather in an insensitive way. I see that now, and am much more aware, which I think is a good thing. I think the vast majority of American whites are like I was at that point: racist and insensitive without knowing it. They don't hate black people, they're just not aware of the discrimination blacks face everyday, and aren't aware of how they in their own small ways contribute to it.

      Now, what happened to me was quite accidental: I went to university and the dorms were filled, so I was placed in an African American interest dorm, where there was room. As a result, the vast majority of my friends (and my girlfriend, in fact) throughout college were black. And it was a major awakening for me.

      The reason I bring this up is because the civil rights movement has come a long way, righting the most egregious wrongs (like the Jim Crow laws and their ilk) but it has done precious little to curb the everyday annoyances that black people face that the vast majority of white people aren't aware of. Stupid things that I'm sure you're faced with all the time. Stuff that I, as a relatively priveleged white man, would never have otherwise been exposed to, and previously would not have believed existed.

      It is my feeling that being racist in this subtle, non-malicious way is a result of lack of exposure. It's certainly true that there is precious little interaction between whites and blacks. The two groups are inherently distrusting of each other. Blacks expect whites to be racist (because we often are) and whites expect blacks to be racist (because you often are) and the result is a lack of mixing which propogates the problem. Black people in my experience also often tire of explaining issues to whites, who more often than not simply don't get it easily. It is only through continuous exposure -- not one-time token discussions -- that people on both sides come to find common ground and recognize that the subtle stereotypes they've bought into are, well, stereotypes.

      I think that social ordinances that force mixing -- things like affirmative action, fair housing laws, and their ilk -- are good for this reason despite the fact that they restrict people's freedom to be racially judgemental, or are simply racist themselves (affirmative action is the canonical example). Anything that increases exposure is good. White people in the US are exposed to African American culture largely through the media, which is rather narrow in its depiction, and is no replacement for actual, one on one interaction.

      No legislation will ever eleminate the problem, but I hope that greater exposure between blacks and whites will help alleviate some of the more pressing issues. We've come a long way, when you consider that many places in the US were effectively apartheid states as little as 50 years ago. But it is important to remember that despite the magnitude of this achievement, it was only 50 years ago -- and people don't change that quickly. To become complacent in our struggle for an egalitarian society is to accept social segregation, which while less obviously wrong than legal segregation is nonetheless a major obstacle in our development as a society.

      Libertarianism is attractive, but remember -- always remember -- that your ancestors were at one time traded on the free market you now see as an efficient distributor

    6. Re:Freedom of Association by Void+Incarnate · · Score: 1
      and yes these are conflicting statement...

      Well don't just leave us hanging, please explain how my original two questions conflict with each other, because I don't see it.

    7. Re:Freedom of Association by damsa · · Score: 1

      The constitution allows for meddling in interstate commerce. Renting an apartment is considered interstate commerce as if you refuse to rent to certain people then businesses out of state are more reluctant to do business in that state. So it's not blatently unconstitutional, but it is however pretty controversial.

    8. Re:Freedom of Association by Russ+Nelson · · Score: 1

      Congress names laws by the opposite of the effect of the law, thus you can be sure that the Fair Housing Act will result in unfair housing practices. (And the CAN-SPAM law will result in more spam. Has anybody's spam load gone down since it was passed??)
      -russ

      --
      Don't piss off The Angry Economist
    9. Re:Freedom of Association by Void+Incarnate · · Score: 1
      The constitution allows for meddling in interstate commerce.

      Not in the way you think. See my post regarding the Commerce Clause.

    10. Re:Freedom of Association by damsa · · Score: 1

      The commerce clause has changed a few times in the last 200 years. As it stands now, it allows for meddling by the Federal government. In another 50-60 years, it may mean something different.

    11. Re:Freedom of Association by CRCulver · · Score: 1

      In a free market, there will always be plenty of other owners who will be happy to accept the business of those who were declined service.

      In many towns in Jim Crow areas, there weren't any compassionate owners who decided to serve those left out by other, racist restaurants. Sometimes personal bigotry overpowers the desire for economic advancement. That's a defect in the free market, and the government is then tasked to correct it.

    12. Re:Freedom of Association by Void+Incarnate · · Score: 1
      The commerce clause has changed a few times in the last 200 years.

      The wording and the intent have not changed, only the interpretation has.

  35. Re:Housing Discrimination = better than alternativ by Anonymous Coward · · Score: 1, Funny

    Yeah, now we will have to go back to waiting til the person shows up, see that they are niggers, and then tell them that the place is already rented instead of just writing, "No Niggers, please" in the ad and saving yourself a lot of time.

  36. On a related note... by trims · · Score: 4, Informative

    I'm not sure how the ruling will classify (no pun intended) the ads on Craigslist - though I suspect that since there is no fee involved, Craigslist will have Common Carrier or equivalent status - I'm all for holding on-line sites to the same standard as print newspapers, so long as it TRULY the same standard.

    That said, the relevant sections of the Fair Housing Act do NOT apply to ads for roommates or those looking to share a place they do not own. The law involves the Owner (or the duly-empowered representative) and any prospective lessee. I'm a little fuzzy on sub-leasing, but since most of that is a huge gray market anyway (most rental contracts forbid subleasing, but it's commonly ignored), I suspect that it isn't covered in the F.H.A. Note that if you own the place, renting out the spare room does make you the landlord, and you have to abide by the F.H.A. But if you're a renter, and just looking for a roommate, well, the F.H.A. doesn't apply, and you can specify that only Left Handed, Purple Skined Demon Sycophants can apply to be your roommate.

    Most likely, the suit will get a summary judgement and be punted. But it at least should make those services which DO charge think about complying with the F.H.A. Which is only, well, fair.

    -Erik

    --
    There are always four sides to every story: your side, their side, the truth, and what really happened.
    1. Re:On a related note... by DerekLyons · · Score: 1
      I'm not sure how the ruling will classify (no pun intended) the ads on Craigslist - though I suspect that since there is no fee involved, Craigslist will have Common Carrier or equivalent status
      The status of being a common carrier has nothing to do with fees. it has to do with acting as a publisher and exercising editorial control over the content which Craigslist does, (in the form of the flagging system).
      Most likely, the suit will get a summary judgement and be punted. But it at least should make those services which DO charge think about complying with the F.H.A. Which is only, well, fair.
      Why should Craigslist be allowed to violate the law because they don't charge?
    2. Re:On a related note... by autarkeia · · Score: 1

      Actually, back when I got my real estate license they were very quick to point out that if you rent out a portion of your primary place of residence the FHA does not apply, though it does vary from state to state. In California, at least, even in a place as crazy rent-controlled as San Francisco, as owner you are essentially king of your castle and can even go so far as to cancel a lease and kick someone out for any reason or for no reason at all, though it's usually couched in language along the lines of "You may remove tenants for the purposes of using the formerly-occupied space for your own or your family's usage."

    3. Re:On a related note... by cballowe · · Score: 1

      Interesting comment about owners looking for roommates - I would expect that, at least for roommate arrangements, you could judge someone to be a roommate that you could live with or not live with on whatever criteria you wanted. I had a 3 bedroom condo for a while and was tempted at times to put up an ad along the lines of "I've got a spare room and, while I don't need a roommate, I invite people to convince me that I want them as a roommate." and I might have been thinking to include a line "great for med students or residents, also great for nursing students or nurses" (mostly due to location - but it also indicats a class of people that I might have liked living with.)

      Are the laws different if you're offering a free room? (I was tempted to do that at times too)

    4. Re:On a related note... by flajann · · Score: 1
      I'm against *ANY* restrictions on speech, including how one advertises for housing. If I were a renter and did not want, for example, bible-banging Christians to apply, why should I waste my time screening them out? It's not like I would rent to them anyway. And if I were a rentee, why should I waste my time applying to places that don't like Atheists like myself?

      It is a great timesaver to let people post in their classifieds their personal stipulations, because no one will rent to anyone they don't like anyway. Perhaps I only want to do business with Libertarians and don't want to deal with Rebublicans or Democrats. And perhaps they would not want to ddeal with me. What is so bloody wrong witht that?

      You simply cannot force people to associate with those they wish not to by passing inane laws. All you end up doing is pushing the mess under the rug. I like knowing up front who likes and doesn't like me; that way I won't waste my time.

    5. Re:On a related note... by scowling · · Score: 1

      As per previously mentioned citations, Craiglist does not act as a publisher (vis: the roommates.com suit). They act as a censor, not an editor, and this is an important distinction.

      In a perfect world, anyone would be able to post anything they liked, but the penalty for posting something discriminatory would be deletion of the post, blocking of the IP address, and being visited by a hired goon and cockpunched until sterile.

      --
      www.kitchengeek.com -- Nosh for
    6. Re:On a related note... by DerekLyons · · Score: 1
      As per previously mentioned citations, Craiglist does not act as a publisher (vis: the roommates.com suit).
      The roomates.com suit is quite different - as it covers a very different mechanism than Craigslist publishing system.
      They act as a censor, not an editor, and this is an important distinction.
      If one can censor, then one is editing - it's a distinctio without a difference.
    7. Re:On a related note... by scowling · · Score: 1

      The roomates.com suit is quite different - as it covers a very different mechanism than Craigslist publishing system.

      No, it isn't, and it is not a 'publishing system'.

      If one can censor, then one is editing - it's a distinctio without a difference.

      Incorrect, and it is an important and salient difference.

      Whatever. You can believe what you like. You're wrong, and your incorrect beliefs will have no bearing on how the world actually works.

      --
      www.kitchengeek.com -- Nosh for
  37. Re:Housing Discrimination = better than alternativ by damsa · · Score: 4, Informative

    Roommates fall outside of Fair Housing laws. You can discriminate all you want. You have the first amendment freedom of association clause to thank for that. The FHA applies to people renting apartments, houses and the like.

  38. Re:Housing Discrimination = better than alternativ by Anusien · · Score: 1

    And suppose you are a good white Christian who hates all minorities, gays, Jews and Muslims? Should you be able to post THAT ad?

  39. Never end of story. by www.sorehands.com · · Score: 2, Informative

    But, it is the start of the story. If the CDA was the end, then you would not have had CARAFANO v. MetroSplash 339 F.3d 1119. Which held that a matchmaking service was protected. This cited Gentry v. eBay, Inc., 99 Cal. App. 4th 816, 121 Cal.Rptr.2d 703 (Cal. Ct. App. 2002) which said that the Ebay's customer ratings were protected under the CDA.

    1. Re:Never end of story. by Anonymous Coward · · Score: 1, Informative
      Carafano only bolsters the grandparent post. The point is that CDA's immunity will protect craigslist and Carafano is an example of that. It's "the beginning" of the story in the sense that caselaw supports the outcome predicted by grandparent, but you can cite supporting caselaw and say to a statutory citation "that's the just the beginning" any time there's been litigation with published opinions invoking statutes. This isn't a law journal, it's slashdot, and grandparent provided the statory citation and a link to various caselaw treatment of it.


      Craigslist will win on summary judgment citing the CDA and it will take that long only because 12(b)(6) isn't going to work out.


      You heard it here first.

  40. PC aims another gun at the head of commerce by surfingmarmot · · Score: 1

    Political correctness has taken aim at the head of the freedom to conduct business and commerce and will kill a vehicle consumers use to economically market their wares. Big firms, the ones who can afford to police their postings, don't use Craig's List. No, it is the domain of ordinary folks. But because they are 'low budget' Craig's List cannot afford to police them and still keep rates affordable for the individual. Yeah, great idea, let's shut them down so some chump and their lawyer can earn a few buck while taking a breather from ambulance chasing. So, in the siprit of smashing a fly with a sledge hammer, let's shut this one down. Pretty soon, in this overly-litigious society, only major corporations with big money will be able to do anything public to earn money. First free speech, now the right to earn a buck--what's left of freedom after that? Just freedom to open one's wallet I guess. How sad.

    1. Re:PC aims another gun at the head of commerce by An+Onerous+Coward · · Score: 1

      1) Nobody is asking to shut down Craigslist. The plaintiffs are asking for Craigslist to install filters that (the defendants correctly argue) will probably just make things worse.

      2) The Fair Housing Act is a minimal burden on any person's ability to "to conduct business and commerce", and that small burden is worth the ability to combat systemic unfairness that can poison a society.

      3) Craigslist will win this case handily, and probably at minimal cost.

      4) Quit your persecuted snivelling, and go live your life. Man, and they say liberals are a bunch of whiners.

      --

      You want the truthiness? You can't handle the truthiness!

  41. Re:Here is the difference. MONEY by barc0001 · · Score: 1

    They did just announce plans to charge in the near future. How much do you want to bet that this very lawsuit was the catalyst for that decision? Probably figured they're going to have to pay people to read and vet all the housing ads from now on.

    Sigh. Lawyers and idiots ruin something else for everyone so they can get a few bucks..

  42. More Illegalities at CraigsList by Anonymous Coward · · Score: 2, Informative
    I am surprised that Craigslist is, only now, facing legal problems. In June of 2005, "Diablo Magazine reported that both Craigslist and myRedbook actively facilitate the sale of prostitution services". Typically, a prostitute (of any age) will post a message to either CraigsList or myRedbook and will offer explicit sexual acts for money.

    Of the two culprits, myRedbook is more grossly egregious in facilitating prostitution. For example, myRedbook offers reviews of prostitutes, including those who work at the Mitchell Brother's O'Farrell Theater (located at 895 O'Farrell Street, San Francisco, California). Law enforcement makes no attempt, whatsoever, to stop this illegal activity.

    Perhaps, the "Internet Age" means "I-do-whatever-I-want Age". Just last week, Reporters without Borders discovered that Yahoo! has been enthusiastically helping the Beijing government to arrest and imprison reporters.

  43. The "No Screaming Baby" Section by queenb**ch · · Score: 2, Interesting

    Personally, I'd pay extra to sit in the "no screaming baby" and "no squealing brat" section at the movie theater, restraunt, etc. I'd certainly pay extra to live in an apartment complex that had the same kind of rules. Unfortunately, thanks to the "fair housing" act *MY* preferences in the matter are disregarded. I end up with neighbors who have poorly disciplined, destructive children. I have had several incidents involving chidren and theft or children and vandalism. While I deal with the process within the law, I would rather not have to deal with it at all. It's a PITA. If I had property to lease out, I'd certainly want to put things like "No kids and no pets."

    While we're on the subject, I'd also like to see a "No jackass screaming into the cell phone section", especially at the movie theater. Face it, we all have things that annoy us. Why shouldn't people be allowed to be upfront about that? I understand that what we're looking to prevent here is the creation of ghettos, in the true sense of the word, were people are segregated to specific sections of town. I think, though, that unless you're posting about 5 units or more, it shouldn't apply.

    If I'm leasing a room in my house, theres a lot of trust and personal comfort involved in that. My jewish families won't let someone who isn't jewish stay with them, because of the Sabbat. Sabbat begins on Friday at sunset and ends at sunset on Saturday. Specific rules must be observed during that time. Some sects of Christianity feel the same way about Sundays. I'm sure other religions have similar issues.

    Bleh! If people want to discriminate, let them. They'll do it anyway, at least if it's in the open, you can save your time.

    2 cents,

    Queen B

    --
    HDGary secures my bank :/
    1. Re:The "No Screaming Baby" Section by r00t · · Score: 1

      I've actually been turned down for having 5 kids under the age of 6, repeatedly, so it does happen.

      Mine are very well-behaved though. We're not one of those 2-income families relying on TV and daycare to raise the kids. Consistent discipline, no TV, leading by example... it works great.

      I certainly agree with not wanting to be near kids that are out of control. Mine are not.

  44. Re:Housing Discrimination = better than alternativ by Wordsmith · · Score: 4, Insightful

    Sure. Think about it this way: If you were a gay Jewish-born Muslim convert, would you really want to live with the guy who posted it?

    People need to wrap their heads around the idea that freedom includes the freedom to be a jackass. Some people have offensive views. They should be allowed to express them; others should be allowed to refute them. And they should be allowed to do with their own private property as they please; no one has an inherent right to live with me, and I'm only going to enter into an agreement to share my home with someone I find agreeable - I don't need to justify my definition of "agreeable" to anyone but myself. And if I'm looking to rent out a home, I should be able to rent it out to whomever I please. If I want to artificially cut out a segment of potential renters, thereby reducing the marketability of my place and possibly its dollar value, so be it. I'm a jackass for it, but again, no one had a right to that property, and no one had an opportunitiy to use it until I chose to put it on the market anyway.

  45. Re:Housing Discrimination = better than alternativ by Kohath · · Score: 2, Interesting

    And suppose you are a good white Christian who hates all minorities, gays, Jews and Muslims? Should you be able to post THAT ad?

    I guess it depends on whether you believe in free speech or not. If you do, then yes.

    Anti-discrimination laws are anti-freedom laws. There was a time when giving up a little freedom to deal with the discrimination problem might have been the right choice. It worked. Discrimination is a smaller problem now, so the laws are less needed. Now freedom should be at least partly restored.

    It's time to put the ad-police and the house-rental-police and the diversity-enforcement-police out of work.

  46. Sue happy america? by 1053r · · Score: 2, Interesting
    Laywers make me sick. From TFA:
    "Among the housing ads cited as objectionable by the Chicago Lawyers' Committee for Civil Rights Under Law Inc. were ones that read "NO MINORITIES," "Requirements: Clean Godly Christian Male," and "Only Muslims apply.""
    It seems reasonable to me to want roomates of the same religion. I wouldn't want to share a room with an 8 year old, a muslim wouldn't want to share a room with a catholic. I found on the craigslist website http://www.craigslist.org/about/fair.housing.html:
    "... or were ads containing incidental and harmless remarks such as "near St Gertrude's church." Some of the challenged ads simply celebrated the diversity and tolerance of the craigslist community ... Others sought to appeal to some groups without excluding anyone ... And for a few it is difficult to determine what protected classification is at issue ..."
    Do lawyers/judges have no common sense? Are they just greedy? It reminds me of the criminal who sued because he got bit by a dog in the process of breaking and entering someone else's property... And WON... Or the guy who got sued by FedEX because he posted pictures of his furniture that was made from FedEX boxes. FedEx lawyers claimed violation of, amoung other things, the DMCA. How stupid. The fair housing laws were made primarily to ensure that non-white people (so called minorities) would be able to live in the same areas as white people (ever see the play "Raisin in the Sun"?). This is stretching it way to far..
  47. Hmmmm by Jesus+IS+the+Devil · · Score: 2, Insightful

    This brings to light an interesting observation. When I was visiting China, I noticed there were few laws and even less enforcement. As a result, a true free market exists, where open discrimination seemed ok. Employees were discriminated on looks, age, height, etc. Customers can pay more to not have to wait in line at certain restaurants, etc.

    In the U.S. thought, you have a myriad of laws and regulations that restrict what people can do, where, etc. The idea is to have fair trade, not free trade.

    Seems backwards doesn't it? A communist country has less regulations, while a democratic country that prides itself on capitalism isn't really true capitalism.

    --

    eTrade SUCKS
    1. Re:Hmmmm by Anonymous Coward · · Score: 1, Insightful

      China may be Communist on paper but none of its modern day policies reflect any sort of communist type of system.

    2. Re:Hmmmm by m50d · · Score: 1

      You forgot the other half - the US prides itself on capitalism *and* democracy. Democracy relies on a concept of everyone being equal, hence anti-discrimination laws. China doesn't not have these regulations because it's communist rather than capitalist, but because it's undemocratic.

      --
      I am trolling
    3. Re:Hmmmm by tiggles · · Score: 1

      A friend of mine's class was having a discussion on whether or not airlines should hire people with glasses -- not as pilots mind you, at the checkin counter. Cause you see, people with glasses aren't very attractive... sorry, women without glasses, it was a given that only girls aged 18 to 30 could work at a check-in counter.

      The class was mostly in favour of only hiring pretty, thin, young women.

    4. Re:Hmmmm by Deluge · · Score: 1

      "The class was mostly in favour of only hiring pretty, thin, young women."

      I find this... well if not odd, then illogical. When I walk up to a salesman, clerk, basically anybody whose specific expertise I may at the moment require, having that person look like they were only hired to make guys stare doesn't instill me with confidence in that person's abilities. I'm not saying that the hot chick is ALWAYS as dumb as a post, but unfortunately this is often so.

      I guess I'm an exception though. It would explain the study some supermarket chain did a while back where they'd put the young attractive checkout clerks into the express checkout lanes and thus were extremely successful in herding the young and low-middle-age type guys who didn't buy much stuff into those lanes and leaving the other tills clear for the serious shoppers.

      As a male, I felt a part of a pretty sorry bunch :(

  48. Re:Here is the difference. MONEY! $10 to be exact by layer3switch · · Score: 1

    Slashback...
    http://slashdot.org/article.pl?sid=06/02/04/202425 0

    From Craigslist...
    http://forums.craigslist.org/?forumID=20040204

    Digg's post...
    http://digg.com/links/Craigslist_to_Charge_Fees

    It's been talked about for awhile...
    http://www.siliconbeat.com/entries/2005/01/12/crai gslist_and_fees.html [Jan. 12, 2005]

    Now, I do admit I am a bit off on the fact myself and I do thank you for correcting me. I appologize. However it's evident that the Craigslist fee to post Housing Ads should put Craigslist directly responsible for the quality of the ads on Craigslist. For example, the job posting in NYC requires paying Craigslist fee, and that puts Craigslist directly responsible for ads violating "equal opportunity."

    Further more, Chicago or not, it's the same service and there is no rule that prohibits anyone living abroad from looking for housing in Chicago even though posting ads in Chicago may be free. Therefore if Craigslist is charging fee for posting ads in NYC, the same quality control should apply to every housing posts in every city.

    --
    "Don't let fools fool you. They are the clever ones."
  49. A lawyer's opinion... by SenatorTreason · · Score: 2, Informative

    For a real lawyer's opinion on this matter, go here.

  50. Re:Here is the difference. MONEY by layer3switch · · Score: 1

    "How much do you want to bet that this very lawsuit was the catalyst for that decision?"

    It's been talked about for awhile and planning to charge for job and housing ads. At least over two years. I remember, Craigslist, instead, start charging job ads first in selective region to test the water and get feedbacks from community.

    --
    "Don't let fools fool you. They are the clever ones."
  51. Re:Here is the difference. MONEY by layer3switch · · Score: 1

    Technically I am not wrong since I didn't say "charging for Housing ads" but just "ads" but I'll bite.

    [posting jobs in NYC on Craigslist]
    https://post.craigslist.org/nyc/J?guide=yes
    "Price: $25 per category (example - select 3 categories and the total cost will be $75)"

    --
    "Don't let fools fool you. They are the clever ones."
  52. That sucks. I'd want to know. by r00t · · Score: 3, Insightful

    Why should I have to waste my time visiting a place if the landlord will pick someone else anyway?

    What if it was something invisible, like religeon or sexual behavior? I might actually sign a lease with a landlord who will hate me as soon as he discovers that I'm not the sort of person he expected!

    Think of all the ways a landlord can screw you over. Now imagine he totally hates you. Wouldn't you rather have had some warning? Wouldn't you rather have rented somewhere else?

    Making discrimination illegal doesn't make it go away. It's still there, without any warning signs.

    1. Re:That sucks. I'd want to know. by Shanep · · Score: 1

      Why should I have to waste my time visiting a place if the landlord will pick someone else anyway?

      Exactly. The law tries to protect people from people, but ultimately laws can't change the way some people think about others. Those people will always find ways around the law.

      In Australian Government jobs, positions are advertised as required by law, however often a person who already works in that department has already been chosen for the job. Because they must advertise and go through the whole interview and culling process, all these people waste their time, effort and money getting ready for and attending a bogus interview. These are GOVERNMENT workplaces getting around laws made by the GOVERNMENT.

      The "individual" element will always be there. Whether you collect bins, are a politician or work for a spy agency. At the end of the day, some laws are going to just be useless. They'd only cover for the legal system which must seem to be dealing with these issues.

      Also, I don't want to live in a house full of people who dislike me or my ways.

      --
      War crimes, torture, lies, illegal spying... Would someone give Bush a blowjob, already, so he can be impeached?
  53. Fight back by doing nothing. by DoktorSeven · · Score: 1

    Ignore the lawsuit. Passive protest against unfair laws.

    Whatever happens, it's better than following the unjust and stupid legal system. We all have to start making our stand against such stupidity. Are we now too afraid to fight back?

    Lawyers, here's your fucking slander of the day. To hell with you. You are all greedy, moronic, clueless morons that prey on not only people who dare do what they want to do, but also the companies who gladly pay you wheelbarrows of cash to do it.

    "First thing we do, let's kill all the lawyers" isn't good enough anymore. We have to fight the mindset that creates them, to keep them from spawning from the dank corners of places of unholy evil.

    Shut up, lawyers. Shut up, companies. We want our freedom back. I'm not gonna take it anymore, and neither should all of you.

    --
    This is a sig. Deal with it.
  54. Re:Housing Discrimination = better than alternativ by geoff43230 · · Score: 2, Insightful

    Good evening,

    Merely a list of 'exceptions' to the original idea ; Wordsmith raises some valid points and certainly has a right to express them.

    1. If you rent, you don't really get to dictate your roommate-hiring policy, 100%. Not really. You sublease without a contract, you get prosecuted. People may not like the "crazy" equality laws of sub-leasing to others, but they Will abide by them so long as they are renting, etc. from someone else. Obviously - we hope - 99% of people aren't going to have a "problem" renting to someone else if they absolutely need to. But, none the less.

    2. How nice we live in a world where everyone, regardless of gender, race, religion etc. has such disposable income as to be able to afford any property, period. "thank goodness people other than white, straight males aren't discriminated against everywhere else in society!" Let us deny people a few dozen crucial resources and see how many inane "clubhouses" are formed. "Sorry, can't come into this treehouse until you get a job in a white man's world. Oh, and an education, haircut and sexual preference I approve of. Thanks". This is how too much of "organized" "religion" works, as well.

    3. It's also amazing people have been able to "own" property ; some have been working for years to take it with them "when they go" (e.g. die). Shouldn't a bunch of plasma, then dinosaurs, cave people and Native people own the land then? After all they got there first. Shorthand : nobody really 'owns' anything. You're borrowing. Yeah, really. There is no spoon.

    Anywho, just some additional "food for thought".

  55. Re:Obligatory McDonalds Coffee Lawsuit Post by marklyon · · Score: 2, Informative

    Your rambling post seems to have very little point other than "lawsuits are bad". Using Stella Liebeck's "hot coffee" lawsuit as an example of that is only effective if you don't know or understand the underlying facts.

    http://www.vanosteen.com/mcdonalds-coffee-lawsuit. htm
    http://www.commondreams.org/views05/0122-11.htm

    --
    -- Mark Lyon http://www.marklyon.org
  56. Beer by jdoss · · Score: 1, Offtopic

    Beer is good.

  57. Re:Housing Discrimination = better than alternativ by sonamchauhan · · Score: 1

    > good white Christian who hates all minorities, gays, Jews ...

    Huh, I guess so, but it would be false advertising.

  58. Re:From TFA by TapeCutter · · Score: 1

    "How fscking stupid can you iberals be? Next thing the weather you don't like will be the fault of GWB."

    You know, that comment sums up what is wrong with debates on the environment, the war on social problem X, poverty, cartoon riots, immigration, gitmo, torture, blah, blah, blah,... and finally religion and politics in general.

    Some random "iberal" does/says something either deliberately or without thinking it through and all of a sudden a billion "iberals" around the planet are tarred with the same brush. Next thing you know "oneservitives" are burning "iberal" flags and emabssies and "iberals" are taunting them by repeating the original stupid act/comment.

    From an Australian veiwpoint GWB's current aim (as far as I can tell) is to delay the move away from oil and coal not stop it, we have the same misguided stance in our leader. Untill recently both were willfull obstructionists on the issue of climate change but politically that tactic was becoming an "emporer has no clothes" liability. Both leaders pragmatically accepted the evidence from three decades of high profile and high quality research and promptly became enthusiastic procastanators.

    All this does not mean conservative leaders, oil/coal executives, republicans, born again christians, texans, white guys or any other group that GWB "belongs to", thinks or even acts the same!!!

    The rest of your comment I happen to agree with but it is wasted. Most of the people you are trying to influence won't bother reading past the first sentence.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  59. Re:Housing Discrimination = better than alternativ by ksheff · · Score: 1

    That's why some require background/credit checks and requiring 5 forms of picture identification.

    --
    the good ground has been paved over by suicidal maniacs
  60. I am so tired. by roman_mir · · Score: 1

    So tired of hearing about new lawsuits every day. Every day. But I guess this is the inevitability of having so many lawyers.

    1. Re:I am so tired. by Darth_brooks · · Score: 1

      Lawyers don't just file lawsuits. Lawyers file lawsuits *on behalf* of people.

      It's not the lawyers. It is the maddening lawyer lust that exists in some people. "Something didn't go my way. LAWSUIT!!!!!!!!!FREE MONEY FOR TEH WIN!!!!!!!111LOLORZ!!!!!"

      But it doesn't help the situation that there are thousands of laywers that treat the law like fresh cooked pasta (eh, throw it at the wall and see what sticks.)

      --
      There are some people that if they don't know, you can't tell 'em.
    2. Re:I am so tired. by belg4mit · · Score: 1

      It is also the lawyers, see asbestos. See "are you still alive
      but have a scar from surgery? Well they fucked up and owe you money!" You can't argue that personal injury attorney ads don't
      contribute to Joe Blow's sense of entitlement. A non-trivial
      number of lawyers search for clients for whom they can sue on
      behalf of, for a percentage of the profit, instead of you know
      being ethical and waiting until someone actually needs them.

      --
      Were that I say, pancakes?
  61. Bacon by ksheff · · Score: 1

    If they are like the Canadians I know, motel owners would do that because they don't want them eating all the bacon at the complimentary breakfast bar.

    --
    the good ground has been paved over by suicidal maniacs
  62. Re:Obligatory McDonalds Coffee Lawsuit Post by rs79 · · Score: 1

    Google much?

    Shakespeare's Tribute to Lawyers
    As has been often proven over the centuries, Shakespeare was right: if tyranny
    is to prevail, tyrants must first kill all the lawyers. ...
    www.howardnations.com/shakespeare.html - 32k - Cached - Similar pages

    Anybody who does not understand the bards quote ought not to be representing himself in court, methinks.

    --
    Need Mercedes parts ?
  63. Re:Housing Discrimination = better than alternativ by moneybuystrophies · · Score: 1
    no one has an inherent right to live with me

    actually, we all do, its just a matter of proximity and how much wealth you have to keep us away

  64. Re:Atheist Symbols? by sir99 · · Score: 1

    Actually, the comment prompted me to look for one. All I found was this. I must admit, the idea seems a bit silly.

    --
    The ocean parts and the meteors come down
    Laid out in amber, baby.
  65. Re:Housing Discrimination = better than alternativ by layer3switch · · Score: 2, Insightful

    "Anti-discrimination laws are anti-freedom laws."

    I have to disagree. By your definition, act of discrimination doesn't violate other's freedom. But that's false.

    Discrimination is nothing less than anti-freedom which imposes one's discrimination to hinder other's freedom. I am not talking about racial only issues here, but rather more general sense.

    For instance, if your IQ does not fall under one's preferable level (and I'm not saying that to insult you or anyone or it's true), are you willing to accept that your freedom to learn or to have access to facility to learn can be compromised?

    In my opinion, prejudice is everywhere and we are all guilty of it, however act of discrimination violates every sense of freedom there is and degrades fellow human beings' quality of life and pursuit of happiness. Now, what's so better about that?

    --
    "Don't let fools fool you. They are the clever ones."
  66. Re:Housing Discrimination = better than alternativ by Trojan35 · · Score: 1

    This is a flawed argument. It leads to segregation, as those who wish to discriminate will all live near each other. Fair housing act is a good thing.

    Further, if you're renting out your house, you're not "sharing" it, you're selling it. Thus it is a business. It is illegal for businesses to discriminate based on race. Get used to it. We're right. You're wrong.

  67. Re:Housing Discrimination = better than alternativ by layer3switch · · Score: 1

    "no one had a right to that property, and no one had an opportunitiy to use it until I chose to put it on the market anyway."

    Are you sure about that? Eminent Domain Public Housing, a beautiful thing, ain't it? If you want to protect your property from Eminent Domain, make it a Public Housing! :)

    --
    "Don't let fools fool you. They are the clever ones."
  68. Never EVER run a buisness from the U.S... by RexRhino · · Score: 1

    Sorry, but the U.S. is not longer really a viable place to do buisness... The legal system has become so insane, and what is more insane is a significant portion of people think it is noraml, or even good. If you have a choice not to do buisness in the U.S. (which is the case with Web based buisnesses), DON'T DO BUISNESS IN THE U.S. ... There are so many laws, they are so restrictive, and there is no common sense to as what is reasonable or not.

    So, in this example, we have a law that is totally ineffective at eliminating housing discrimination... Yet, we are going to make it super-expensive or impossible to run a whole set of services, for this crappy ineffectual law.

    If you are running a web based buisness, there are plenty of countries that you can run your buisness out of. Because of the nature of the internet, it doesn't matter if you are in the U.S. or not.

    1. Re:Never EVER run a buisness from the U.S... by An+Onerous+Coward · · Score: 1

      See my previous comment. Especially #3. None of your conclusions make any sense unless this suit goes to trial and the plaintiffs win.

      --

      You want the truthiness? You can't handle the truthiness!

  69. Re:More Illegalities at CraigsList by flogic42 · · Score: 1

    Mod parent up. That's incredible and disturbing.

    --
    Check out my women's designer clothing store.
  70. Wonder if Newspapers have anything to do with this by wdavies · · Score: 1

    Conspiracy theorists will note that the Heart Newspaper corporation and otehrs will be ecstatic at this news.. They claim large losses in advertsing from CLs free model.

  71. Re:More Illegalities at CraigsList by dynamo52 · · Score: 4, Funny

    On top of that, a lot of the prostitutes discriminate by race as well.

    --
    Like this comment? I accept Bitcoin! - 153sc8UUBXyp12ofQqfAWDmJrzyiKCYC1x
  72. Are politically "acceptable" or sensitive terms... by vorpal22 · · Score: 1

    ...chosen in order to circumvent such measures in countries like Canada and the US where antidiscriminatory laws exist?

    For example, about five years ago, I called a housing ad for a room in a place that stated "females preferred" in its listing. I am a male, but the ad had been up for some time, so I felt that they might be willing to overlook that fact in an effort to rent the room. I was told outright by the landlord that "females preferred" essentially meant "females only". Was this term selected as a politically correct way to state this blatantly without violating the terms of the newspaper? Is it even fair to request such things? I've never seen any ad with "males preferred", although no shortage of "females preferred" ones.

  73. Re:Housing Discrimination = better than alternativ by layer3switch · · Score: 1

    "you're not "sharing" it, you're selling it"

    I do agree on certain points you are trying to make, but I have to disagree about "selling" part. Renters aren't selling. But it's about making profit from the property without loosing ownership of it.

    Also it's not about renter's freedom to NOT offering to certain group of people. It's about freedom for that certain group of people to have access to that offering. The arguement people trying to make that it's about "My Freedom to not rent it to everyone" is just plain wrong. It's not "My Freedom." It's "My Preference." It's idiotic to think that one's freedom to hinder other's freedom is constitutional and be protected. There is no clause in Constitution that protects "preference" over freedom.

    Freedom for ALL should to be protected, not violate for some and protect for the other.

    --
    "Don't let fools fool you. They are the clever ones."
  74. Re:Here is the difference. MONEY by RexRhino · · Score: 1

    But what about laws being reasonable? You know that the law is going to place an enourmous burdon on Craigslist. If you have millions of ads, the cost to manually check each one to make sure there is no discimintory language is going to be pretty damn high.

    Laws are not sacred. They don't exist for their own sake. They are supposed to protect us, not enslave us. If a law is unreasonable, if the costs of compliance is too high, and it is restricting a totally reasonable activity (running a online classifieds system), then the law is anti-social and oppressive.

    The legal system has turned into nothing more than a system of extortion, and this is the perfect example of just the case. Aside from the law being extra-constitutional, it will destroy any online classified system that isn't backed by a huge corporation with an army of lawyers and millions of dollars.

  75. Concord... by Darth+Liberus · · Score: 1

    ...your one-stop shop for methamphetamine and high-class hoes :) Nice to see my hometown represented on /.

    --
    Beauty is just a light switch away.
  76. Re:Housing Discrimination = better than alternativ by shutdown+-p+now · · Score: 1
    For instance, if your IQ does not fall under one's preferable level (and I'm not saying that to insult you or anyone or it's true), are you willing to accept that your freedom to learn or to have access to facility to learn can be compromised?
    If it is a private facility, sure. As long as public schools don't discriminate, I don't see a problem.
    however act of discrimination violates every sense of freedom there is
    No, it doesn't. If you are discriminated by another individual or a private institution, you are always free to avoid having any deals with them. Monopolies, of course, are another matter (and government being the ultimate monopoly, doubly so), and have to be restricted in that regard. But my freedom to e.g. choose my flatmates however I see fit (discriminating based on religion, sex, race and whatnot) is more fundamental than your right to have a place to live. You do not, after all, have any specific right to live in my house.
  77. Re:Here is the difference. MONEY by Fallingcow · · Score: 1

    The colonization of Mars in Ray Bradbury's The Martian Chronicles has a bunch of parallels to the development of the web.

    In "The Settlers", he talks about how the first ones, the "Lonely Ones", were people with dreams, or with something to prove, or with things that they wanted to escape. They went first, and their journeys made the later ones possible, but for a time they had to stand alone.

    "The Naming of Names" tells how people put their Earth names on the alien soil, "Detriot II" and "Iron Town" and "Green Hill", things like that. Then, when things got tame enough, the "sophisticates" showed up, on holiday or on business. "They came with stars and badges and rules and regulations, bringing some of the red tape that had crawled across Earth like an alien weed [....] They began to plan people's lives and libraries; they began to instruct and push about the very people who had come to Mars to get away from being instructed and ruled and pushed about."

    Finally, "The Old Ones" tells of the final wave of colonists--the elderly.

    I dunno, somehow your post reminded me of this. Seemed relevant when I started typing it, anyway, and now that I'm done I'm not about to delete it :)

  78. Re:Housing Discrimination = better than alternativ by shutdown+-p+now · · Score: 1
    This is a flawed argument. It leads to segregation, as those who wish to discriminate will all live near each other.
    And what exactly is wrong with that? If they are the minority, they will effectively ghettoize themselves, meaning you won't have to deal with such people unless you purposefully go out of your way to find them. If they are the majority, then what business do you have telling them how to run their country?
  79. This is not necessarily illegal by ChrisGilliard · · Score: 1

    Among the housing ads cited as objectionable by the Chicago Lawyers' Committee for Civil Rights Under Law Inc. were ones that read "NO MINORITIES," "Requirements: Clean Godly Christian Male," and "Only Muslims apply."

    If the landloard lives in the same unit, it's legal to discriminate on ANY basis. In other words, if you want to rent a room in your house out to someone of your own race or gender, etc, the courts have ruled you can do so. I can see why this law exists because what if a single female wants to rent the room out to another single female? That would be against fair housing, but it's ok since it's her living unit. So, I'd imagine most of these ads are for a room rental because if you own some apartment complex, you probably only have one requirement: on time rent check.

    --
    No Sigs!
  80. Re:More Illegalities at CraigsList by TallMatthew · · Score: 1
    Of the two culprits, myRedbook is more grossly egregious in facilitating prostitution.

    There's no such law as "facilitating prostitution." There's prostitution itself and there's pandering, both of which profit directly from the sex-for-money transaction. You might be thinking of conspiracy, but that's a stretch. Remember, there have been hooker ads in yellow pages and classifieds (look under Massage, Escort Services, Adult Entertainers) for decades.

    Besides all that, vice cops love those websites. Makes it real easy to target their prey ... they don't even have to get out of their chair to make their mark.

  81. Re:Housing Discrimination = better than alternativ by MBraynard · · Score: 1

    Excellent post. Just what I was thinking.

  82. Re:Housing Discrimination = better than alternativ by layer3switch · · Score: 1

    "As long as public schools don't discriminate, I don't see a problem."
    Ah, so you got a point there. It was a bad example since private schools' entrance often is based on academic standing.

    "No, it doesn't. If you are discriminated by another individual or a private institution, you are always free to avoid having any deals with them."
    Huh? You have confused act of discrimination hindering Constitutional freedom, with not talking to your neighbor freedom. You can discriminate all you want as long as you don't fuck with other people's freedom to live in pursuit of happiness like denying them from owning a house or walking through your town.

    Let me make this clear. Lets say, you have a private collection of stamps you value a lot. One day, you decide to show it only to your cloest friends. One of your friend asked you if he/she can bring someone you don't know and happens to be "certain kind of" person. You reject. Are you discriminating? Sure, but it doesn't violate anyone's freedom since you just want to show it only to your closest friends anyway. Now one day, you decide to open it the public to see your private collection. You advertise to the world to see. Again, your friend asked you if he/she can bring someone you don't know and happens to be "certain kind of" person. You reject. Are you discriminating? Yes. Are you affecting interest and freedom of general public? Yes, because public isn't your prefered friends.

    "You do not, after all, have any specific right to live in my house."
    Yes, I do have a right to live in your house if you put it up for sale or rent and advertise in public. If it's your right and freedom that matters so much that only want prefered kinds to rent it, why put it up for sale/rent to begin with for all the world to see? After all, public isn't just one kind. If you want to keep it private, keep it private, not publically advertised.

    --
    "Don't let fools fool you. They are the clever ones."
  83. ..we should all stop bickering and eat me.... by Red_Chaos1 · · Score: 1

    See, what I don't understand about this type of lawsuit and bickering, is this:
    Make/write all the laws you want forcing people to be superficially open and polite in their ads. They'll just eliminate you when you show up. The way most people see it, it's their dwelling, they'll share it only with people that meet their criteria. That can and very likely will include racism, prejudice, religious requirements, etc. If the law can tell me how I need to advertise for the room I wish to rent, what's next, them actually trying to tell me I have to rent to the first person who can pay? I think not. As well meant as the law might be, it is obviously flawed, and I honestly wish they'd find something more useful and constructive to waste their time with than this.

  84. That analogy won't work in a bigot's mind. by donscarletti · · Score: 1
    If a motel refuses to rent to Canadians, then the city would lose money from Canadian tourists or there is a danger that Canadians would be forced to sleep out on the streets.
    Look, I don't want to disagree with you, because I have some good Canadian friends. However if hypothetically Canadians had a well above average rate of spontaneously combusting then it would be possible that not allowing Canadians into the motel is a good thing since their would be less fires due to incendiary Canadians.

    Rightly or wrongly, everyone who practices active discrimination does so in the earnest belief that what they are doing will help them in the long term by sacrificing scope of interaction by minimization of risks that they see associated with certain characteristics in people. Some of these things are real, some are nonsense but regardless they are perceived as real by people who practice discrimination on those grounds. Their are many racists and sexists in this world spread fairly evenly over all races and sexes but no bigot knows that their assessments about certain groups is incorrect; if they did know this they wouldn't be bigoted because it wouldn't make sense to them anymore.

    We all make mistakes about judging people by the groups in which they belong. However this is based on the human thought process of abstraction which we base most of decisions on correctly. In programming terms this would be analogous to upcasting and upcasting as we all know can lead to segfaults, but it is needed for many algorithms. You can't just argue against abstraction because it is a integral part of how we work, saying that Canadians shouldn't be treated differently is pointless when in someone's mind Canadians are (rightly or wrongly) different.

    Discrimination and prejudice (also human thought processes used every day) have been vilified in their usage towards people so often that those most opposed to them have never had the courage to see how the world looks that way. Until those most opposed to bigotry learn to see things through the eyes of those who they seek to change they will never achieve anything but scare people into a repressed sense of bitterness against those who they have been forced to pretend to accept.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
  85. This is crap by jonwil · · Score: 1

    Online services are not responsible for what their users post (be it a message forum, want ads, job ads, for sale ads, auction site, classified ads, real-estate listings etc). If they are, then the law that covers that is broken.

  86. Re:Here is the difference. MONEY by pluggo · · Score: 3, Informative

    Several content providers (most often, but not exclusively, AOL) have been sued for content posted to their system. However, section 230 of the Communications Decency Act protects content distributors from being held liable for the content of postings made by users. It makes no mention of money; indeed, AOL charges its subscribers for access and has won numerous court cases on the basis of section 230.

    I feel so dirty... I just defended AOL and the CDA in a single post. Oh well... :)

    --
    Pulling together is the aim of despotism and tyranny. Free men pull in all kinds of directions. It's the only way to mak
  87. Re:More Illegalities at CraigsList by indifferent+children · · Score: 1
    both Craigslist and myRedbook actively facilitate the sale of prostitution services

    So does Verizon. The Tampa Yellow Pages has over 70 pages of "Escort Services" with names like "Yes We Do" and "Satisfaction Guaranteed". You don't need to get any more explicit than that.

    --
    Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
  88. Re:More Illegalities at CraigsList by Bazzalisk · · Score: 2, Interesting
    Well, prostitution law is complicated.

    No idea what it's like in the US, but in the UK receieving money for sex is legall, giving money for sex is illegal, I think offering sex for money is legal, but offering money for sex isn't - and the laws about brothels are just strange.

    All in all it's perfecctly possible that this might be legal.

    --
    James P. Barrett
  89. Re:Here is the difference. MONEY by layer3switch · · Score: 1

    "But what about laws being reasonable?"
    How about people being reasonable? Is it reasonable to discriminate publically? We are not talking about private citizen being discriminatory or property owners being discriminatory in private. We are talking about discriminatory against the public.

    "You know that the law is going to place an enourmous burdon on Craigslist. If you have millions of ads, the cost to manually check each one to make sure there is no discimintory language is going to be pretty damn high."
    Is that the reason why Craigslist is planning to charge people to post the ads in the first place? If the cost is the reason to ignore discriminiation, then slavery is more than reasonable by any standard.

    "If a law is unreasonable, if the costs of compliance is too high, and it is restricting a totally reasonable activity (running a online classifieds system), then the law is anti-social and oppressive."
    It's a service and it's a choice by Craigslist to make it free for community, not by force. Charging people for service is not out of boundry of reason. For any business, costs of compliance is high regardless due to regulations and license. Craigslist is certainly no stranger to high cost of compliance. By your definition, totally reasonable activity that runs and permits illegal activity (regardless what law it is) is permissible for the sake of cost, then who's being anti-social and oppressive here? Community and Society is bound by law and ethics. The ones that do not comply with the law which protects the freedom and rights of general public is the one who is being anti-social and oppressive.

    Aside from the law being extra-constitutional.."
    The Law that protects the rights of individual and freedom isn't being "extra" constitutional. It's being just plain old Constitutional. Believe me, I'm no liberal or libertarian, but the law against discrimination isn't to hinder anyone's freedom. It's to punish those who violates one's rights and freedom as everyone equally protected under the law.

    it will destroy any online classified system that isn't backed by a huge corporation with an army of lawyers and millions of dollars."
    FYI, Craigslist is backed by a huge corporation with an army of lawyers and millions of dollars. eBay has 25% stake in the company. Besides that fact, if I'm to offer service that provides people to advertise commercial ads, why am I being exempt from this law where online RealEstate agency (pretty much middle man like online ad service) or online newspaper company is not? Why?

    --
    "Don't let fools fool you. They are the clever ones."
  90. Re:Here is the difference. MONEY by brianwilliams42 · · Score: 1

    NYC job postings are a particular fee-based system because of the high demand and the need to keep people from posting many times to bump their postings to the top of the list. But in general, and likely in this case, craigslist is free.

  91. Re:More Illegalities at CraigsList by Shanep · · Score: 1

    My God. Those forums are truely disturbing. I can't beleive people chat about that stuff.

    I have a pretty thick skin to the point of getting my news from time to time from Ogrish. But those posts are terrible. They're speaking about living feeling people as if they're worthless objects to use and then discard.

    I think I care for my cat more than any of those people care for themselves.

    --
    War crimes, torture, lies, illegal spying... Would someone give Bush a blowjob, already, so he can be impeached?
  92. Re:Here is the difference. MONEY by layer3switch · · Score: 1

    As I said, it's about the MONEY.

    [Disclaimer from Craigslist]
    # no -- it's NOT ok to contact this poster with services or other commercial interests
    # Fee Disclosure: $$$

    This isn't just a post excercising on one's freedom of speech or one's right to express oneself. It's a commercial advertisement. Craigslist even charges posters for some of its service and plan to charge for housing ads later on. eBay has 25% stake in this company. Why is it so hard to accept that Craigslist isn't just some guy running a free online forum in his mom's basement here? It's a "company" providing content and at the same time commercial advertisment for community. It even has salary paid staffs in a fancy Victorian house! Just because it's "online," it's not exempted from laws against discriminiation.

    --
    "Don't let fools fool you. They are the clever ones."
  93. Gay housemate by OberonX · · Score: 1

    Often in roommates ads, it is specified that the person needs to be gay or male/female. How different is that from a race specific(read racist) ad?

  94. Re:Here is the difference. MONEY by layer3switch · · Score: 1

    I am not arguing that Craigslist is not free. But it's a multi-million dollar company with eBay holding 25% stake in it. Back in 2004, there was report saying Craigslist revenue was around 7 million for under 20 staffed company.

    Free or not, it's commercial ads. Also the company is filed as non-profit meaning tax exempt. Not some guy running a free porn shop or forum here in his mother's basement.

    --
    "Don't let fools fool you. They are the clever ones."
  95. but... but.. butbutbut... by Suchetha · · Score: 1

    jesus.. was JEWISH

    --

    learn from yesterday, plan for tomorrow, party tonight
    or one out of three ain't bad
  96. Re:Here is the difference. MONEY by brianwilliams42 · · Score: 1

    I have never seen an ad on craigslist. I actually have no idea how they make money from someone like me who has looked for rooms for rent in Boston and San Diego, and often buys sporting event tickets.

  97. Not really by Anonymous Coward · · Score: 1, Insightful

    "They're speaking about living feeling people as if they're worthless objects to use and then discard."

    You must be talking about the way we discuss any kind of celebrity. Angelina Jolie? She's hot, but now that she's knocked up, I wish she'd go away. Miss America? It proves that you can get intelligent, attractive women to put on a bathing suit to be judged on the basis of their breasts and how nice their ass looks. And then afterwards, we watch them continuously because we care about these women as people, and now just pieces of ass.

    I guess what you're talking about *happens all the time in every aspect of life*. I'm judged at work by how well I perform my function. What is it so awful that a prostitute is judged by how well she has sex? Prostitution is honest work... why shouldn't it be graded like anything else in this world?

    And anyway, the current "powerbooks" have been misnamed for 2-3 years now. Any G4 notebook in 2006 is called a "mediocre-at-best-book". Since apple has gradually eroded the value of the name "powerbook", it really is time to move on.

  98. Re:Here is the difference. MONEY by layer3switch · · Score: 1

    they make money like this (although no charge to post in Boston or San Diego)
    https://post.craigslist.org/nyc/J?guide=yes
    https://post.craigslist.org/sfo/J

    or like this starting march in NYC housing
    http://forums.craigslist.org/?forumID=20040204

    Local newspapers in SF/NYC lost millions on WANTAD revenue to Craigslist.

    Also Craigslist being no-for-profit kinda helps it with tax also. Craigslist doesn't directly make money from majority ppopulous, but directly from advertisers who post commercial ads as in WANTAD.

    --
    "Don't let fools fool you. They are the clever ones."
  99. This all sounds so familiar by kalel666 · · Score: 1

    I wonder why? Oh yeah: http://blog.ericgoldman.org/archives/2006/02/craig slist_sued.htm/

    Roomate.com was sued for the exact same thing and won handily. Why these lawyers would bring this suit with such a clear precedent case is beyond me.

    Who wants to bet the newspaper industry is behind this?

    --
    I HAVE CUBIC WISDOM THAT TRANSCENDS AND CONTRADICTS ONE DAY GODS
  100. Re:Here is the difference. MONEY by BoneFlower · · Score: 1

    Craigslist charges for job listings in large cities.

    The VAST majority of ads, including housing ads, are all free. Even most job listings are free, if they are outside the large cities.

  101. Re:Housing Discrimination = better than alternativ by paulthomas · · Score: 1

    Well, fashionfirst, score-of-zero, I read your comment. The moderation system creates a nice filter for the casual reader.

    However, when people see a comment they are really interested in they often will dig down and read the whole thread of conversation that it prompted.

    Best,
    Paul

  102. Legalize discrimination now! by spiritraveller · · Score: 2, Insightful

    Making discrimination illegal doesn't make it go away. It's still there, without any warning signs.

    It should be perfectly legal to murder, rape and rob, because passing laws isn't going to make those things disappear. In fact, people will always be prejudiced, so let's legalize full-scale racial discrimination in housing, hiring, and education. People are always going to do evil things... so why should we bother stopping them?

    It may still be there. But making it illegal means that people have to take care not to get caught. It means that they know society disapproves of their actions. It means that most landlords will follow the law, and of those that don't, some will get caught.

    Yes, discrimination will always be there... but certain kinds of discrimination are illegal because they are incompatible with a free and just society. If you are willing to disregard that simple fact because it might inconvenience you in some minor way, maybe you should ask yourself whether a free and just society is the kind of society you want to live in.

    1. Re:Legalize discrimination now! by pla · · Score: 2, Insightful

      It should be perfectly legal to murder, rape and rob, because passing laws isn't going to make those things disappear.

      Like hyperbole much?


      People are always going to do evil things... so why should we bother stopping them?

      Except, stopping advertisements expressing such prejudice doesn't stop the prejudice itself. It just prevents people looking for a place to live/work from having any sort of warning that they will waste their time by applying.


      maybe you should ask yourself whether a free and just society is the kind of society you want to live in.

      Ah, you apparently use "free and just" in the neocon sense... What about a right to free speech? Free association?

      I have the right to refuse to sell/rent/employ/associate with you for absolutely no reason, simply because I might not "like" you. But that becomes illegal the moment I admit my dislike derives from you following the Reformed Baptist Church of God, reformation of 1915?

      No. That doesn't stop prejudice. It stops speech, it stops people expressing their opinions. "So maybe you should ask yourself whether a free and just society is the kind of society you want to live in."

    2. Re:Legalize discrimination now! by MindStalker · · Score: 1

      But its not a simple black and white issue. Obviously without a lot of the anti-discrimination laws we would still be living in the 50 in terms of civil rights. At the same time there is some evidence that currently some of "equal opportunity" regulations are creating problems of injustice which breads hate. Obviously one could argue that race is sorta like religion you can demand that government doesn't favor one over the other, but you can't force them to get along.

    3. Re:Legalize discrimination now! by scumdamn · · Score: 1
      People like you who spout ideas like this are truly sickening. No, making it illegal to discriminate based on race, creed, or national origin does not completely abolish discrimination, but just as yelling "Fire" in a theater is not free speech, neither is not allowing a black family to rent a house because of their color. People will be sued, legal behavior will be enforced, and the situation will be better.

      Besides, why are you so upset about anti discrimination laws if you yourself aren't going to discriminate? Which type of discrimination were you planning?

    4. Re:Legalize discrimination now! by pla · · Score: 1

      People like you who spout ideas like this are truly sickening.

      Yeah yeah, save it for someone that cares.


      No, making it illegal to discriminate based on race, creed, or national origin does not completely abolish discrimination

      I think you have COMPLETELY missed my point.

      A) I won't rent to a white christian male.
      B) I won't rent to a white christian male, and say as much.

      These have the SAME FRICKIN' OUTCOME, with the exception that "B" saves any white christian males the trouble of wasting their time.

      Not sayin' either of those seems "right", but I really have absolutely no patience for "feel-good" laws. If a law doesn't DO something, it shouldn't exist.

      Put another way, you can't outlaw thought-crime until we have the technology to accurately read minds. And once we do have that tech (realistically within the next 50 years), do we really want to start down that particular slippery slope?


      Besides, why are you so upset about anti discrimination laws if you yourself aren't going to discriminate? Which type of discrimination were you planning?

      So, have you stopped beating your wife yet?

    5. Re:Legalize discrimination now! by anthony_dipierro · · Score: 1

      It should be perfectly legal to murder, rape and rob, because passing laws isn't going to make those things disappear.

      Put that within the context of property rights, and you might just get some radical libertarians to agree with you.

    6. Re:Legalize discrimination now! by bigpat · · Score: 1

      but just as yelling "Fire" in a theater is not free speech, neither is not allowing a black family to rent a house because of their color. People will be sued, legal behavior will be enforced, and the situation will be better.

      yelling Fire in a theater is free speech. Yelling "fire" in a crowded theater is also free speech if you are an actor or there is actually a fire or if you could reasonably construe that your words would have no harm. Putting an ad up saying that you don't want black people living in your apartment should be protected by free speech until the point that it actually harms someone.

      If I were looking to stop racial discrimination I could think of nothing better than to have people advertising their practices in an open ad. The content might be offensive, but that in no way should implicate websites or any other means of conveying the communication. The people that should be punished are the people putting up the ads and investigators should follow up to see if the landlords are actually applying the illegal criteria.

      For speech to be a crime it should have a fraudulent nature and an immediate and inevitable harmful effect. And never should those conveying the content of the speech be held culpable or liable unless they actively contribute to the harmful content.

    7. Re:Legalize discrimination now! by bishop32x · · Score: 1
      That's great on an individual level. Enjoy not renting to a white christian male, you'll be happy, the white christian males will be happy becuase they don't have a sucky landlord who wishes they would die in a fire. But when every landlord in a town or city decides they are not going to rent to a particular group (white cristian males in this example), the lands are still happy, but the white christian males are not, after all they now have no place to live.

      The fair houseing laws are designed to stop the second case from happening, thats why it's illigal AFAIK to deny someone housing on the basis of race, gender etc... Advertising that you don't want white christian males is one method of denying them housing. And while this may cause some situations as you descirbe where the white chirstian male is going is not going to get the apartment no matter what the advertising says, it's a nessesary inconvience for preventing the defacto segregation of your towns and cities.

      Look at France, one of the reasons those massive riots occured last year was because french society had effectivly segregated itself so that muslim immagrants were forced to live in particularly shitty areas with little economic opportunity. When you concentrate a group like that your asking for social unrest.

    8. Re:Legalize discrimination now! by spiritraveller · · Score: 1

      Except, stopping advertisements expressing such prejudice doesn't stop the prejudice itself. It just prevents people looking for a place to live/work from having any sort of warning that they will waste their time by applying.

      You sir, are not looking at the big picture.

      The communication that discrimination is being practiced is a very important part of carrying out the discrimination. It is like crying fire in a crowded theater, because it has a direct and tangible effect on people's lives. If you are a black person looking for an apartment in the newspaper, the very moment that you read "Blacks Need Not Apply", you have been discriminated against.

      That doesn't stop prejudice. It stops speech, it stops people expressing their opinions.

      As I have pointed out, it is more than simply expressing an opinion. It is a tool used to effectuate the goal of discrimination. It is speech which has a clear and present danger of causing discrimination. Once the communication is made, that person will not bother calling about that apartment. Perhaps they will not even bother looking at apartments in that area.

      Noone's talking about fighting prejudice... nothing can directly regulate prejudice, as that is merely a "thought crime". Unlike prejudice, discrimination is an actual act that has direct and real consequences.

      I agree that Craigslist should probably not be held responsible, as they don't review all submissions before they are posted... but that's neither here nor there.

    9. Re:Legalize discrimination now! by JesseMcDonald · · Score: 1

      The things you mentioned are illegal because they involve someone else's person or property. Murder, rape, and robbery are violations of individual sovereignty. Housing laws are about controlling how people use their own property -- specifically, forcing them to enter into transactions that they would otherwise choose not to enter into. As such, the laws themselves violate individual sovereignty. The two sets of laws are polar opposites, and the justice of the former does not prove the latter just.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    10. Re:Legalize discrimination now! by spiritraveller · · Score: 1

      Housing laws are about controlling how people use their own property -- specifically, forcing them to enter into transactions that they would otherwise choose not to enter into.

      Fair housing laws are a regulation on how you may enter into transactions. It does not force anyone to rent a house, it simply requires that if you make a business of selling or renting houses (meaning that you rent more than once every two years or own more than three houses that you rent out) then you must not discriminate against people on certain bases.

      It is really disheartening that in this era, so many apparently smart people proudly display their ignorance of why so many of their forebearers died to end segregation.

      Surely you must think that there is nothing wrong with Amtrak enforcing separate train cars for the races as long as those facilities are equal. After all, it is the same argument, just applied to transportation rather than housing.

    11. Re:Legalize discrimination now! by JesseMcDonald · · Score: 1

      I do think that Amtrak should be able to grant or refuse access to any part of one of their trains, or the entire train, to anyone they wish. After all, the trains are their property, and any use of their property against their will violates their Constitutional rights. Part of our freedom is freedom of association -- freedom to choose whom we will pursue voluntary agreements with, and with whom we will shun such agreements. As an individual, or a shareholder or partner in a corporation, I should be able to choose whom I will do business with on the basis of any criteria I wish. If my criteria is unjustified, I will suffer from it as much as anyone else. However, that is my mistake to make.

      I'm not ignorant of the reasons our "forebearers died to end segregation". I just think that their efforts were misguided. I am opposed to segregation, but I don't believe that it should be illegal. Opponents of segregation would be better served by directing their efforts at removing the desire for segregation, not coercing others to act against their will. As a last resort, they should encourage others -- including those not subject to segregation -- to support them in boycotting the offending individuals or companies. The government ought to protect the rights of minorities, but those right do not include controlling the choices of others, however misguided or unfair those choices might be.

      I say "as a last resort" because, like legal "solutions" to segregation, boycotts tend to increase the strength of the prejudices instead of removing them. If I oppose any given group of people, I'm going to resent them more after being forced by law to treat them as equals to those I do not oppose.

      It does not force anyone to rent a house, it simply requires that if you make a business of selling or renting houses (meaning that you rent more than once every two years or own more than three houses that you rent out) then you must not discriminate against people on certain bases.

      The fact that a restriction isn't enforced on every occasion doesn't make it any less of a restriction. True, the "fair housing" laws don't force me to start a business of renting. They can, however, force me to enter into a rent agreement if I already make a business of renting out houses, and that is just as coercive as forcing me to enter into the first agreement against my will. Why should it make any difference how many houses I rent out, or how often? If something is wrong, it's always wrong: on a large scale or a small scale; once in a lifetime or fifty times a week.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    12. Re:Legalize discrimination now! by spiritraveller · · Score: 1

      After all, the trains are their property, and any use of their property against their will violates their Constitutional rights.

      You are not looking at the same Constitution that I have studied. The United States Constitution does not say this nor even imply this anywhere in the text. The takings clause, which merely requires "just compensation", only involves takings. It does not concern reasonable government regulations.

      Your point of view is highly principled. I admire that. But this idea that the "free market of ideas" will eventually smooth out all the kinks, is an idea with very little evidence to back it up. If you have something more than theory... perhaps a documented history involving large populations, demonstrating that lack of governmental oversight causes everything to work out in a just and orderly fashion... I would be interested... but that documented history doesn't exist. If it did, governments would never have been invented in the first place.

      You also say "boycotts tend to increase the strength of the prejudices instead of removing them." Yet this is also not backed up by any evidence. Quite frankly, I think it is bullshit. If you assert strength and show someone they are wrong, they normally tend to respect you for it and learn more from it even if they still think that they are right.

      Even if it were true, who cares? A person who is discriminating against people on the basis of their race isn't making anyone happy or removing any prejudices. The goal is to make them stop... not to give them a warm fuzzy feeling and hope they will learn they're error on their own. If they still disagree in their heart of hearts, that is their problem. Again, it is the real world problem of discrimination that I am concerned with more than the prejudice which may exist in someone's mind.

      Desegregation in the South is the example which we are talking about. If it were not for the Fair Housing Act and other similar Federal legislation (not to mention military involvement), we would still have segregation in the South. And I submit to you that we would have a lot more racists than we do now. The idea that use of government force makes people more strong in their racism is not backed up by fact. The Federal government left the Southern system undisturbed for almost a hundred years after Reconstruction, and nothing smoothed itself out. The end of slavery also only came about because of government action.

      Children whose parents tried to raise them as racists, learned from the actions of their government (a democratically elected government) that this point of view was not in touch with the majority of people in this country.

      Everything you are saying is grounded in theory. Look at the real world man. It is complicated. It will always be that way. People created government to help create some order out of the immense level of complexity. You aren't going to do that without some very complex ways of controlling how people interact.

    13. Re:Legalize discrimination now! by JesseMcDonald · · Score: 1
      You are not looking at the same Constitution that I have studied. The United States Constitution does not say this nor even imply this anywhere in the text. The takings clause, which merely requires "just compensation", only involves takings. It does not concern reasonable government regulations.

      How about this part?

      1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

      I would definitely consider regulations forcing me to act against my will, not to prevent a crime but simply to give someone else something of mine that they want, to be "involuntary servitude". Even the portion you referenced, the "takings" clause, requires just compensation. What is just compensation but the price I would have sold it for willingly? No other price can possibly be just, because anything less than that price is less than what the object is worth to me. Ergo, the takings clause can only take effect if I choose to sell my property in the first place, and it most certainly does apply, because only the owner of a piece of property can grant the use of it to another; a government regulation forcing the property to be used against the owner's wishes effectively transfers ownership of that property to the government. I believe that this interpretation was the founding fathers' intention, but I realize that courts have not always agreed with this. Frankly, the courts have nearly always been biased toward allowing the federal government to do whatever it wants without the slightest regard for the Constitutional limitations on the government's powers.

      As for our own history, I am willing to admit that the government's interference did manage to accelerate the end of segregation. I still believe that their actions were unjust and excessive, but in the end their heavy-handed approach managed to force society to recognize -- at least in public -- that their prejudices were (mostly) unfounded. I believe that was the lesser of the two possible solutions; because of their interference, we never had a chance to overcome those prejudices on our own. They never gave us a change to learn from our mistakes, and if they stop interfering, those prejudices will probably be shown to still exist beneath the surface.

      The real world is complex. I certainly don't deny that. However, it is also true that justice can never be served by violating the rights of one person to fulfill the desires of another. Any government that does that is not worthy of the name or the authority it implies.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    14. Re:Legalize discrimination now! by spiritraveller · · Score: 1

      How about this part?

              1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

      I would definitely consider regulations forcing me to act against my will, not to prevent a crime but simply to give someone else something of mine that they want, to be "involuntary servitude".


      You have now left the State of Misguided Libertarians and entered the Land of the Ludicrous.

      Be sure to check in with the Ministry of Funny Walks before wandering too far.

    15. Re:Legalize discrimination now! by qwijibo · · Score: 1

      If someone discriminates, they risk a barrage of paperwork. It's hard to actually make anything change with the current don't ask, don't tell system. Whereas if someone put in their ad "[ethnic slur]'s need not apply", it saves some people the effort of trying and gives those damn [ethnic slur]'s a chance to firebomb the racist SOB.

      People can get along because they genuinely care for their fellow human beings or because they know they'll be brutally murdered if they don't. In the end, the outcome is the same, right? :P

    16. Re:Legalize discrimination now! by smithmc · · Score: 1

        Yes, discrimination will always be there... but certain kinds of discrimination are illegal because they are incompatible with a free and just society.

      How is it compatible with a free and just society to limit and restrict people's freedom to choose?

      There is no law that says that you can't refuse to shop in (for example) a Korean-owned grocery store. Why should there be a law that says that a store owner can't refuse to serve (for example) Koreans?

      There is no law preventing you from refusing to work for (for example) a woman-owned company. Why should there be a law preventing a (for example) woman-owned company from hiring men?

      "Free" should mean free for everybody, shouldn't it?

      --
      Downmodding is the refuge of the weak. Don't downmod, make a better argument!
  103. Re:Here is the difference. MONEY by layer3switch · · Score: 1

    I already know this, but thanks for reminding me. However the service itself is not run by city. There is no Craigslist server in Ohio and Nevada. It's run by advertisment revenue, and Craigslist maintains moderation control over all ads and posts. If Craigslist can remove spam posts and nutjob comments in forums. why is it hard to imagine the same can be applied to WANTAD sections where most of their revenue is generated from? Did I even mention Craigslist is not-for-profit? exempt from tax?

    --
    "Don't let fools fool you. They are the clever ones."
  104. Re:From TFA by Zeinfeld · · Score: 1
    I'd love it if the Gov would just get the hell out of my life, and get back to the basics: Securing the nation from threats, internal and external.

    You mean like unnecessary dependence on foreign oil?

    How does keeping the government the hell out of your life fit with performing illegal warrantless wiretaps and being responsible for the largest growth in government spending since the Johnson administration?

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  105. The Constitution is obsolete. by Chemisor · · Score: 1

    Come on! Everybody knows that the constitution is just a goddamned piece of paper.

  106. Copyright laws have nothing to do with by porkchop_d_clown · · Score: 1

    fair housing laws, and laws protecting ISPs and hosting services from crimes committed by comments posted on their sites don't protect sites that, themselves, violate the law.

    But, go ahead, keep trying to confuse the issue. It's fun watching you flail.

  107. Simple question by Aaden42 · · Score: 1

    Would the laws in question apply to a public bulletin board on the side of a building down town? I don't think it's too much of a legal stretch to say that CraigsList equates far more to a public board than to a newspaper.

    To place an ad in the paper, you (usually) have to pay money. The simple act of paying $1 a line (or whatever) invokes all kinds of interesting areas of law where things of value (cash, goods, services, etc.) are exchanged. Craigs has no such exchange of valuable consideration which should exempt it from an awful lot of things.

    Now... With them starting to charge for listings in certain areas (like NYC, I think), that could open a whole new can of worms for them...

  108. You miss the point of the FHA by trims · · Score: 1

    You're missing the point. The Fair Housing Act creates "protected" categories, which you (the landlord) cannot use to discriminate.

    To quote the Act itself:

    Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

    Thus, it protects people from being discriminated on basic, common things which we generally accept are BAD for society to allow others to penalize them for.

    Now, it says nothing of Political viewpoints or many other behavior attributes, nor does it prohibit exclusion on profession; it also has allowances for large dwellings which provide a common experience for a narrower-than-normally-allowed populance: thus, single-sex and single-religion housing developments are allowed, but generally under very limited and restricted conditions, and certainly not for anything that doesn't have a moderately large number of units. Thus, if you were the owner of 10 apartment complexes, each of 100 units, it would probably be permissible to designate one of the them for Catholic Men only (for instance). However, your milage will vary (and so will local ordinances).

    Without the FHA, it becomes easy to lock various ethnic/religious groups out of housing, using nothing more than social convention. And that is BAD. See the pre-Civil-Rights era for any example you want.

    Free speech cannot trump everything - this is one of those cases where allowing everyone to do what they want oppresses a minority, whether they (landlords) specifically intend to or not. It is similar to requiring public businesses to serve anyone who walks in - McDonald's can't refuse to serve blacks, no matter what the owner of that McDonald's would like.

    -Erik

    --
    There are always four sides to every story: your side, their side, the truth, and what really happened.
  109. Re:More Illegalities at CraigsList by VendettaMF · · Score: 1

    And also posted by an AC (presumably a novice search engine spammer, or recipient of banner add cash) in response to every single slashdot story, usually multiple times.

    Occassionally he/she/it changes the first sentence to match the story content, but usually doesn't bother.

    --
    kartune85 : Incapable of reason, observation or learning. A kind of dim, drab, flightless parrot.
  110. An Ex-Landlord's View by Tsu+Dho+Nimh · · Score: 1
    Ages ago, I was a volunteer for the Norfolk area Fair Housing Commission. By coincidence, my DH and I (white) knew a black couple - same occupations and salary, similar age, etc, just REALLY black. If an apartment complex was discriminating, the black couple would be told AT THE DOOR that the place was already leased. Then the FHC would send us over, and if the landlord showed us the place, it was pretty obvious that the skin color was the problem. I have also managed, and owned, rental property ... here's the way it works:

    If I was renting a living unit, I could, and did, have requirements about being employed, owning pets (genuine service dogs, like seeing-eye dogs, are not pets), smoking, and the NUMBER of persons who would be living there. None of that is discriminatory. I could even refuse to accept Section 8 (government subsidezed rent, and a PITA to deal with) tenants.

    I could NOT advertise "whites only", I could not advertise "Christians Only" ... and could not even say "Adults only" (although pointing out that the yard was gravelled, the schools were lousy, and asking the prospective tenant to sign a "yes I know the house is old and may have lead paint and hold the landlord harmless if my kid eats the woodwork" statement spared me from the worst of the rug-rats' parents).

    Handicapped? In most of the houses, the doorways were too narrow for a wheelchair, and the bathrooms too small. Two were suitable for wheelchairs ... they rented FAST.

    Despite my meticulous adherence to the law, I STILL got a fair housing complaint from a person who arrived after a place was rented. I had a policy of accepting tenants in the order they arrived, The first person to inspect the apartment rented it on sight, I had not had time to change the message on the answering machine, and a pigmentally enhanced woman who arrived right after the other person left complained, assuming that I was waiting for a white tenant and rejecting her.

    1. Re:An Ex-Landlord's View by fuzznutz · · Score: 1
      I'm amazed at some of the comments here and how clueless some people are. In Ohio, fair housing "checkers" visit rentals, homes for sale, and engage Realtors. Fair housing complaints will get you in deep trouble, but checker complaints will get you in court.

      I always recommend to landlords to spell out the requirements and the qualifications they use for all prospective tenants. I also advise to make sure that they disclose to all prospective tenants what qualifier they use to choose a tenant when everything else is roughly equal.
      Handicapped? In most of the houses, the doorways were too narrow for a wheelchair, and the bathrooms too small. Two were suitable for wheelchairs ... they rented FAST.
      In Ohio, (maybe nationally, I don't know), you MUST allow any prospective tenant with a disability to modify the property to suit their disability. The tenant is responsible for the cost. You may also require a bond to restore the property to original condition. (assuming the modifications make the property less desirable)
    2. Re:An Ex-Landlord's View by Tsu+Dho+Nimh · · Score: 1

      I had a couple of prospective tenants ask about making modifications - because of the way most pre-WWII houses were build, it was flat impossible to make them accessible without a major remodel and moving walls, some of which were brick or adobe. Nobody is going to spend $50,000+ for improvements they can't keep.

  111. $10 to be exact....IN THE FUTURE!!!! by microcars · · Score: 1
    from the Craigslist Link you posted:

    After many months of evaluating feedback and deliberating, we've decided to institute a $10 fee for each listing posted to the broker apartment categories on the New York site (both "fee" and "no fee"), starting March 1, 2006.

    So again- Craigslist has NOT and DOES not currently charge ANYTHING for Housing Listings.

    I stand by my original post.

    You really should try reading the links you post.

    --
    I like microcars
  112. Re:Housing Discrimination = better than alternativ by Kohath · · Score: 1

    Yes, I do have a right to live in your house if you put it up for sale or rent and advertise in public. If it's your right and freedom that matters so much that only want prefered kinds to rent it, why put it up for sale/rent to begin with for all the world to see? After all, public isn't just one kind. If you want to keep it private, keep it private, not publically advertised.

    Advertising is free speech. Renting a property out to someone is an association, and we're supposed to have the right to free association. And there's the property rights issue.

    Free speech, free association, and property rights are fundamental rights. Lack or discrimination isn't. In order to enforce anti-discrimination, you need to take those rights away.

  113. Re:correction by putko · · Score: 1

    It is even worse than you describe - but you probably know about this already: anti-discrimination laws are responsible for urban/suburban sprawl, as productive people flee the unproductive, criminal class.

    Anti-discrimination laws mean it impossible to reach any stasis, so there is a continual process of expansion and buliding out of densely populated suburbs.

    Before the riots in Detroit, it looked like a European city: densely populated, developed, excellent transportation systems. Now everything is in the constantly expanding suburbs, and the quality of transpotation services is much lower, in the sense that roads/cars are expensive, and there is no decent public transportation.

    If oil ever becomes expensive, look for discrimination to be made legal, or some other legal "trick" to deal with the fact that productive, non-criminal people will be forced, by high oil prices, to live close to unproductive, criminal people.

    --
    http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
  114. Re:correction by putko · · Score: 1

    Ooops -- that's sparsely populated suburbs.

    Right now the big growth areas are rural areas: productive people are moving out of suburbs entirely. That's tough on rural areas: they don't have sewer/water systems for those people, and the school systems are too small for their kids. Raise the property taxes and long term residents are hurt.

    --
    http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
  115. Landlords still have to follow the law... by fuzznutz · · Score: 1
    Why should I have to waste my time visiting a place if the landlord will pick someone else anyway?
    Because the landlord, by law, cannot pick someone else who has the same qualifications based on discrimination. There are a boatload of "protected classes" and if you refuse to rent to any one of these who otherwise have all the qualifications you require, you can be liable for a sizable legal judgment.

    In real estate, there are quasi-governmental "checkers" of these protected classes who constantly attempt to rent and/or buy. If you get stung by a checker, you are in deep doodoo. You had better make sure your qualifiers are legal and well represented to ALL prospective tenants. You do not want fair housing authorities sniffing around your rentals.

    1. Re:Landlords still have to follow the law... by anthony_dipierro · · Score: 1

      In real estate, there are quasi-governmental "checkers" of these protected classes who constantly attempt to rent and/or buy.

      Wouldn't the job of the "checkers" be a lot easier if they could just look in the newspaper and see which advertisements explicitly say they intend to discriminate?

    2. Re:Landlords still have to follow the law... by r00t · · Score: 1

      That catches the really dumb landlords. Otherwise...

      You show up. They notice the religeous bumber sticker on your car, or you score a perfect 10 on their gaydar. They make you fill out an application and pay an application fee. They politely send you on your way. They get your credit report. They pick someone else.

      If the landlord is somehow made to explain his choice, he can always say that he just got a bad feeling about you. He can say that he didn't like your attitude, or that he thought you were hiding something.

      Now, how are you going to prove anything? Unless the landlord rents hundreds of units, you won't even get interesting statistics.

      You just wasted your time and money.

    3. Re:Landlords still have to follow the law... by tmalone · · Score: 1

      Well, then you file a complaint with the fair housing authority if you think you were being discriminated. They open a file on the guy (or more realistically, they look at the file they already have) and if resources allow, they setup a sting operation. Over time they'll send a series of people with the exact same qualifications, some gay, some straight. If the guy consistently rents only to the straight people, they fine him.

    4. Re:Landlords still have to follow the law... by fuzznutz · · Score: 1
      Wouldn't the job of the "checkers" be a lot easier if they could just look in the newspaper and see which advertisements explicitly say they intend to discriminate?
      You don't need checker for that. The Fair Housing Authority can act on the advertisement. Anyway most newspapers are pretty selective about the copy they accept for real estate because of liability. They can be held liable just for printing it.

      Checkers root out the landlords that discriminate secretly.
    5. Re:Landlords still have to follow the law... by anthony_dipierro · · Score: 1

      [Newspapers] can be held liable just for printing it.

      Umm, that's the whole point of this discussion. The original poster is saying that newspapers shouldn't be held liable just for printing such an advertisement, and I'm agreeing with him.

  116. Re:Here is the difference. MONEY by Anonymous Coward · · Score: 1, Informative

    Companies posting jobs have to pay. The revenue from those postings cover everything else. See http://www.craigslist.org/about/help/ . The only fees mentioned are under job classifieds. NYC is now a special case due mostly to shady real estate agents.

  117. USA legal system is nothing but a game by walterbyrd · · Score: 1

    USA legal system has nothing what-so-ever to do with justice anymore. The system serves these purposes:

    1) Giant roulete wheel, it costs nothing to play, but you get millions if you win. So play often.

    2) Easy money for USA legions of lawyers. Whether you win, lose, or draw; the house - er, the lawyers - always cash in big.

    3) A weapon to bash the opposition. For example: if you're a huge software company, and you're afraid of competition from more innovative companies: hire a small scam-company to file nuicance lawsuits left and right. It's lot cheaper than making better products, or otherwise competing in a fair manner.

    4) A giant playground for kooks who love to bitch about persecuted.

  118. Depends on where you live by fuzznutz · · Score: 1
    If the landloard lives in the same unit, it's legal to discriminate on ANY basis.
    Not true. The so called Mrs. Murphy federal exception only applies if there are four or less units. Also, state law makes this illegal in Ohio. I suspect that many other states have closed that loophole too.
    1. Re:Depends on where you live by ChrisGilliard · · Score: 1

      The so called Mrs. Murphy federal exception only applies if there are four or less units.

      Yeah, I said if they live in the SAME unit. That would imply 1 unit. So, you're probably right about 4+ units, I don't know. So, if you rent a room out to someone, you can discriminate. I would be very surprised if that's not the case everywhere in the US, because think about that. Maybe you would have to rent the room next to your kid's room out to a sex offender because you're not allowed to discriminate against sex offenders right? When it's your own home, it's different.

      --
      No Sigs!
  119. The real (and scarry) bit by alex_guy_CA · · Score: 1
    Check this out, FTA "The lawsuit seeks, among other things, to require Craigslist to report to the government any individual seeking to post a discriminatory ad."

    Yikes! The lawsuite requires CL to be a snitch. Who are these people?

  120. If you like China, you will love Singapore by Magnus+Pym · · Score: 1

    I visited an ex-collegue of mine who lives in Singapore.
    He lives in a very fancy apartment complex over there,
    that openly advertizes "Flats available, Caucasians only."

    I thought this was a joke, until my friend told me that
    this was the norm in Singapore. It is perfectly OK for
    employers/landlords etc to discriminiate based on anything
    they feel like.

    In the middle east, professionals from various parts
    of the world are employed. Caucasians routinely earn
    10-30 times the salaries earned by other races
    for doing the same work. For example, an American
    physician would be paid much more than an Indian
    one who does the same work.

    Are you sure that you would like the US to have
    policies that look like this? I know I don't.

    Magnus

  121. Re:More Illegalities at CraigsList by radish · · Score: 1

    Actually, you've got it a bit backwards. The exchange of money for cash is legal, what is illegal is solicitation by either party - in other words the exchange is legal but the advertising or negotiations leading up to it are illegal. It's also illegal to profit from such an exchange as a third party (i.e. pimping) and it's illegal to be in or own/run a brothel (defined as a place where more than one prostitutes work).

    --

    ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

  122. no kidding by r00t · · Score: 1

    You might waste your time applying. You might even have to pay a fee and get a credit check, which will be ignored.

    You're lucky though. What if the discrimination involved something less obvious than race?

    Suppose the landlord sees you with fish stickers on your car, and chooses you because he likes Christians. Later, after you have moved in, he discovers that you are Catholic. He's one of those protestants that think the Pope might be the anti-Christ.

    You're so screwed, even if the landlord tries to be tolarant. In everything, he will assume the worst. Consider trying to get back a damage deposit.

  123. Re:Here is the difference. MONEY by RexRhino · · Score: 1

    How about people being reasonable? Is it reasonable to discriminate publically? We are not talking about private citizen being discriminatory or property owners being discriminatory in private. We are talking about discriminatory against the public.
    No, we are not talking about discrimination whatsoever. This law does nothing to stop discrimination. It says that newspapers can be sued for printing certain ads. Printing those ads are not discrimination... they are simply printing text verbatum that people submited.

    And also, it is far more important for the Government to be reasonable than ordinary people. Ordinary people don't have military, police, or vast global unchecked power that the government does. The government is far more prone to abuse than any ordinary citizen.

    If the cost is the reason to ignore discriminiation, then slavery is more than reasonable by any standard.
    Once again - Printing an ad != discrimination. Craigslist does not discriminate in any way! The people renting the houses are discriminating. Should we punish the contracters who built the building if a landlord discriminates? What about the utilities that service the discriminating landlord?

    For any business, costs of compliance is high regardless due to regulations and license.
    And this itself is a form of discrimination far more distructive than some occasional housing discrimination. If you need vast amounts of capital just to ensure compliance with laws and regulations, only rich people will be able to afford to start buisnesses. You have gamed the system against poor people (who are disproportionatly minorities). I have seen the burn out neighborhoods with no buisnesses, even though labor and real estate is cheap, because the cost of regulation is just too expensive for anyone but multi-millionares to even hope to begin starting buisnesses.

    The Law that protects the rights of individual and freedom isn't being "extra" constitutional.
    We are explicitly garanteed freedom of speech. This was intentionally created to protect newspapers and media from being punished for speech that people might dislike. If you restrict speech in any way, you are violating the first amendment to the constitution.

    FYI, Craigslist is backed by a huge corporation with an army of lawyers and millions of dollars.
    Exactly. Craigslist will be able to afford this restriction. Any smaller competitors will not. Hence, you have garanteed that only big corporations and the extreme wealthy will be able to run classified ads. So much for eliminating discrimination!

    But going even deeper, this law does absolutly nothing to stop discrimination. A person will simply not print anything about discrimination in their ad, and discriminate anyway, and get away with it. The crime of "discrimination" is virtually impossible to prove (because you have to prove someething inside a person's head). Every once in a while a person might make a huge mistake, and there might be a token prosecution, but it is really pretty useless. In fact, this law makes it HARDER to punish people for prosecution, because it make illegal the type of hard evidence you would need to punish people for discrimination.

  124. Re:Here is the difference. MONEY by RexRhino · · Score: 1

    In 5 years the web will be TV. I don't mean that in the way that there will be lots of full screen video. I mean that all content will be produced by the rich and politically connected who can deal with the immense amount of regulation and restriction, and the average person will be a consumer, and not a participant or producer. The egalitarianism of the internet is going to be destroyed, and it will be brought under corporate control, by the same people who claim to be egalitarian and protecting us from "Evil" corporations.

  125. Why the hell is this moderated up? by An+Onerous+Coward · · Score: 1

    The FHA specifically exempts people who are going to be sharing living quarters with their renters. If you don't want to share your house with somebody of a given religion, gender, sexual orientation, or color, you don't have to. This guy is propping up an enormous strawman that has nothing to do with the discussion at hand.

    --

    You want the truthiness? You can't handle the truthiness!

  126. Government run amok by Universe+Man · · Score: 1

    Apart from the issue of whether Craigslist can successfully be sued, think about the overarching issue here. It is categorically ILLEGAL for an individual to post an ad on Craigslist that says, "(Male/Female) Roommate Wanted". That is downright scary. Our government allows you to be JAILED for stating a preference for what kind of person you LIVE WITH!

  127. You don't understand. by An+Onerous+Coward · · Score: 1

    The President can't protect us with regular laws. In order to effectively combat the terrorist threat, he needs war laws!

    --

    You want the truthiness? You can't handle the truthiness!

  128. not childish, but male by r00t · · Score: 1

    I'd say it's a male religeon.

    Christianity: turn the other cheek (no, not THAT cheek)

    Islam: kill the infidels

    Christianity: when you die, you no longer get women. You're just happy to be in the glory of God

    Islam: if you die fighting the infidels, you get 50 virgins PLUS your wife. No kidding. I'm not sure how your wife is supposed to feel about this.

  129. BS they want money. by HornWumpus · · Score: 1

    And should be santioned money. Lots of it. Keep them out of trouble in the future.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  130. China now 1/2 communist by r00t · · Score: 1

    Ever since Chairman Mao died, communism has only applied to social stuff. Economic stuff is mostly capitalism. This is why China is such a threat, rising out of poverty but without anything like the 1st ammendment of the U.S. Constitution.

  131. Some Discriminatory Postings by damian+cosmas · · Score: 1

    mentioned in the lawsuit, according to craigslist's statement on the suit, included the following phrases, which appear to be not even remotely discriminatory:

    "near St Gertrude's church."

    "vibrant southwest Hispanic neighborhood offering great classical Mexican culture, restaurants, and businesses"

    "Great apartment for graduate students"

    "wants one nice quiet person"

    This lawsuit stinks of Jesse Jackson-style race-baiting. Is this an election year in Chicago?

  132. Re:Here is the difference. MONEY by Queer+Boy · · Score: 1
    I'm not sure how Craig makes money, but I'm pretty sure it's not from advertising.

    Outside of SF it's "owned" by eBay. Still dunno how it makes money (maybe it's not supposed to, nice tax writeoff) but that's where the money comes from anyway.

    --
    Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
  133. Jesus wasn't a Christian by Russ+Nelson · · Score: 1

    Jesus wasn't a Christian and moreover never said anything about people worshipping him, or even God forbid, forming a church in His name. Yes, the Christian Church is completely un-Biblical. So whenever some Bibliolater tries to tell you something, just ask him where his church is mentioned in the Bible.
    -russ

    --
    Don't piss off The Angry Economist
    1. Re:Jesus wasn't a Christian by all+your+mwbassguy+a · · Score: 1

      the acts of the apostles, and paul's letters. not instructed by jesus (while alive), but inspired by the holy spirit.

    2. Re:Jesus wasn't a Christian by Russ+Nelson · · Score: 1

      The only way we have to know that the Bible was inspired by the holy spirit is because it says so. Similarly, this particular slashdot posting (but no other) is inspired by the holy spirit. How do you know? Because it's written in The Posting.
      -russ

      --
      Don't piss off The Angry Economist
  134. Re:Here is the difference. MONEY by d34thm0nk3y · · Score: 1

    I think you're confused. Or you've never used Craigslist.

    It doesn't cost anything to post an ad on Craigslist. And there's no traditional internet advertising (ie google adsense, yahoo ads, etc) from which to generate revenue.


    Actually wasn't there just an article about them starting to charge for property rental ads in some markets? I wonder if that helped prompt the case.

  135. the trouble is that restricting speech isn't legal by Russ+Nelson · · Score: 2, Insightful

    The trouble with restricting discrimination by controlling speech is that Congress doesn't have the authority to abridge the freedom of speech. If you really want to shut people up, propose and pass a constitutionall amendment. "Oh, that's too hard", you say? Well then tough luck -- live WITHIN the constitution -- ALL of it.
    -russ

    --
    Don't piss off The Angry Economist
  136. Re:More Illegalities at CraigsList by TopShelf · · Score: 1

    If you're getting news from Ogrish, I'm thinking you don't have much room to criticize when it comes to "caring".

    --
    Stop by my site where I write about ERP systems & more
  137. Re:Are politically "acceptable" or sensitive terms by Russ+Nelson · · Score: 1

    That's because women pick shit up when it falls on the floor, and guys don't (generalization, but of course that's what a landlord is going to get when they advertise -- an average tenant). Ever been in a frat? Ever been in a sorority? I rest my case.
    -russ

    --
    Don't piss off The Angry Economist
  138. Re:the trouble is that restricting speech isn't le by spiritraveller · · Score: 1

    The trouble with restricting discrimination by controlling speech is that Congress doesn't have the authority to abridge the freedom of speech. If you really want to shut people up, propose and pass a constitutionall amendment.

    There is a long history of laws which regulate "speech" in some way. Freedom of Speech is not and never has been an absolute concept. Even the ACLU would not take that stance.

    But you say you want an amendment to the Constitution, and I have one for you. Look it up. 14th Amendment.

    Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    ...

    Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

    Congress passed the Fair Housing Act to help ensure that citizens of the United States are not denied equal protection of the laws in the sense that they can rent or buy a house anywhere they want and have the full protection of the Federal government in case they encounter discrimination.

  139. Re:More Illegalities at CraigsList by Shanep · · Score: 1

    If you're getting news from Ogrish, I'm thinking you don't have much room to criticize when it comes to "caring".

    I gather evidence from Ogrish BECAUSE I care.

    --
    War crimes, torture, lies, illegal spying... Would someone give Bush a blowjob, already, so he can be impeached?
  140. Incorrect by Intraloper · · Score: 1

    eBay owns a minority interest (a founder sold his stock to ebay). They do nto control any part of the Craigslist operation.

    CL makes money by charging f0r job ads, in the few cities whre there are sufficint job ads to make it worthwhile. Everything else is free.

    They are considering (or may have already decided) to start charging a nominal fee for some other categories of ads, mostly to discourge multiple repeat listings for the same apartment, etc.

  141. Exactly by SonicSpike · · Score: 1

    You are correct.

    And to expound on your statement the government doesn't belong in our houses. Not the state, local, and DEFINATELY not the federal government!

    --
    Libertas in infinitum
  142. Overstepping their bounds by SonicSpike · · Score: 1

    Not quite.

    The Constitution does NOT grant the federal government the right to micro-legislate isses such as education and schools within states' boreders.

    And about your statement: "...forcing different races, religions, etc. to cohabit..." is NONE of the business of the government at ANY LEVEL, local, state, federal! The government should have no say about who lives with who much less FORCING anyone to cohabit with anyone elese.

    --
    Libertas in infinitum
    1. Re:Overstepping their bounds by rgoldste · · Score: 1

      The Constitution says whatever the Supreme Court interprets it to say. The Supreme Court has interpreted the Commerce Clause to essentially give Congress plenary authority (the Rehnquist court started to move in the other direction, but didn't get very far). Concerning education, look at No Child Left Behind. To my knowledge, the legal challenges to it revolve around it being an unfunded mandate, not an unconsitutional exercise of power. The Solomon Amendment is another example of Congress getting involved with education, and judging from the oral arguments, the Supreme Court is poised to uphold it. If they don't, it'll be on First Amendment grounds, not from a lack of Congressional authority. Federalism is dead, and neither political party wants to roll back national authority.

      Regarding your second point, I guess we differ in what good policy is.

    2. Re:Overstepping their bounds by SonicSpike · · Score: 1

      Maybe we disagree on what we think is "best" for the country.

      However if the rule of law was applied, and the Constitution was followed the way it was written, then the federal government would be much smaller. Any powers not specifically granted to the federal gov in the Constitution are reserved to the states. Period, end of story.

      The courts and congress expanding the "interstate commerce" clause and the "general welfare" clause beyond their original intents are the greatest bane of this country's existence.

      We all know congress is wrong often, but I think we should also admit that sometimes the courts are wrong too. Expanding federal powers on these types of issues is a prime example.

      The Founding Fathers wanted a minimalist federal government because they didn't want us to turn into imperial England. A weak government with non-centralized power was a way to help prevent that.

      --
      Libertas in infinitum
  143. MOD Parent UP! by SonicSpike · · Score: 1

    I am a white Southern libertarian and if you were running for office, I would vote for you! ;-)

    --
    Libertas in infinitum
  144. Re:myRedbook is Profiting from Prostitution by TallMatthew · · Score: 1
    myRedbook is a collection of reviews of escorts, written by people who have ... erm ... visited them. These are juxtaposed with ads of the escorts in question. And there's all these stupid code words, like BBBJ. So it's not exactly "I'll have sex with you for $$$" though everyone knows what the deal is.

    SF has a long history of being permissive with the sex trade. Walk west of Van Ness after midnight, especially on the weekends, and you'll think you're in Amsterdam. Law enforcement has taken the unofficial stance "if they're not being violent, let them go." And they go. Boy do they go.

    Prostitution is a pretty despicable trade but generally it's the prostitutes who have the worst of it. There's usually someone pulling on their strings, a drug dealer, pimp or whatever, who is smart enough to stay out of jail. Not to mention the public humiliation aspect. And the Creepy Christians who can't stand the sight of anything sexual.

  145. Re:the trouble is that restricting speech isn't le by bill_mcgonigle · · Score: 1

    If you really want to shut people up, propose and pass a constitutionall amendment. "Oh, that's too hard", you say? Well then tough luck -- live WITHIN the constitution -- ALL of it.

    That hasn't stopped them from their modern prohibitionist laws. They found the constitutional process far too inconvenient, so they skipped it next time.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  146. Re:the trouble is that restricting speech isn't le by Russ+Nelson · · Score: 1

    Freedom of Speech is not and never has been an absolute concept.

    Except that's exactly what the Constitution says it is. Again, I say, if you don't want the Constitution to mean what it says, then go through the amendment process. The 14th amendment just takes away the right of states to (among other things) abridge the freedom of speech. It doesn't give the federal government the right to abridge anybody's freedom of speech.

    Congress might be able to pass a law which forces me to rent to anyone, but Congress can't stop me from saying that I won't rent to party X, Y, or Z. It doesn't have the authority to pass a law which does that.
    -russ

    --
    Don't piss off The Angry Economist
  147. Re:Housing Discrimination = better than alternativ by Eivind+Eklund · · Score: 1
    Because your "rights" in this case would infringe more significantly on somebody else's rights.

    To use an extreme example, it's like I'm not allowed to put a bullet through somebody else even if I own the bullet. Other rights trump the property right.

    We, as in the western world, have chosen to have this apply to discrimination from businesses. If we want to avoid a close to totally segregated society, this is the only way we know to work - and my personal guess is that the basic tribal psychology of humans makes it the only way that CAN work.

    Eivind.

    --
    Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.