HUD pursues anti-LGBT discrimination charges against RV park owner




SEVEN POINTS -- The Department of Housing and Urban Development issued a charge of discrimination in August against an Athens RV park owner after investigating a complaint by a transgender woman and her female partner who now live in Seven Points. The action is believed to be one of the first few investigations by HUD to proceed to the trial stage since the federal agency adopted a new policy in March 2012 banning discrimination against LGBT people. If the charge of discrimination is upheld in a federal administrative hearing or a U.S. federal district court the park owner could be fined $16,000 and be required to reimburse the complainants for damages. The damages could include moving expenses and compensation for emotional distress. Roxanne Joganik and Darlina Anthony filed the complaint in the summer of 2012 against George and Amy Toone and In Toone Services, LLC, owners of Texan RV Park on Highway 175 West in Athens. The complainants alleged that the Toones discriminated against them on the basis of sex on May 15, 2012, and again on Aug. 18, 2012. After the park owner refused to accept a rent payment from them and successfully pursued an eviction in now-deceased Justice of the Peace Henry S. Ashford's court in Henderson County, Joganik offered to move to her son's residence so Anthony could remain, according to the couple. The park owner again refused to accept the rent payment, leading to the dual charge, they said. The pair amended the complaints in February 2013 to add charges of harassment and intimidation after the Toones, who are represented by Dallas lawyer Casey Erick, allegedly "sought and assisted in the publication of articles on a campground management website," according to the complaint outlined in HUD documents. The articles allegedly contained "inaccurate and negative information about complainant Joganik for the purpose of harassing and intimidating her" in violation of federal law, according to the allegations in the documents. The Toones denied the allegations of discrimination, claiming that the complainants' recreational vehicle did not "constitute a dwelling" and should be exempt from the federal housing law. They claimed the owners of the recreational vehicles in the park were not tenants, but instead guests. The respondents also maintained that Joganik and Anthony were asked to leave the park because Joganik would not sign the park rules, the pair disrupted other guests' use of the park and that Joganik had killed park wildlife (turtles in a pond that she said were eating the bait off her fish hooks). Federal officials found "reasonable cause" of "discriminatory housing practices" by the park owner in the case, according to HUD documents in the possession of the complainants. But the officials rejected the complaint against the owner's wife and the allegations of intimidation and harassment. Joganik and Anthony said they are confident they will prevail in the HUD proceedings. Either party in the case can demand that the proceeding take place in federal district court rather than an administrative hearing so the forum and date are yet to be determined. A spokeswoman for Texan RV Park said the owner would have no comment about the case. Erick, the attorney representing the owner, has not returned a telephone message left at his office.




Tell us what you think!

Beacon Hill at Cedar Creek Lake

Cedar Creek Lake Email Updates


 

Visit our Cedar Creek Lake Sponsors!

Cedar Creek Lake on Social Media

 
       

Cedar Creek Lake Current Weather Alerts

There are no active watches, warnings or advisories.

 

Cedar Creek Lake Weather Forecast

Saturday

Rain Showers

Hi: 59

Saturday Night

Cloudy

Lo: 44

Sunday

Cloudy

Hi: 51

Sunday Night

Partly Cloudy

Lo: 39

Monday

Sunny

Hi: 62

Monday Night

Mostly Clear

Lo: 42

Tuesday

Sunny

Hi: 69

Tuesday Night

Clear

Lo: 50


Cedar Creek Lake Water Level (last 30 days)


Water Level on 4/5: 322.32 (+0.32)



Cedar Creek Lake

Fishing Report from TPWD (Apr. 2)

FAIR. stained; 61 degrees; 0.04 feet below pool. Hybrid and white bass are returning to the main lake after their annual spawning run into the creeks. These fish are now congregating on wind-blown points throughout the lake and on shallower flats near drop-offs and ledges. The shad spawn will begin in the coming weeks, which will trigger early morning schooling action along shallow points and seawalls, attracting birds to the area. To target these fish, use 1/2 ounce to 1-1/2 ounce slabs and spinnerbaits. Work the baits close to the bottom, as this will entice strikes. Thumping the bottom of the boat will also help group fish underneath as you fish these spots. The crappie bite is strong around docks, bridges, and in creeks, with minnows or jigs proving to be effective. Catfish are biting well in shallow flats at the mouths of major creeks and along adjacent points and shorelines in 2-6 feet of water. For deeper water, try anchoring or drifting with fresh shad on main lake flats in 12-24 feet. This catfish bite should remain productive for another month. Report by Brent Herbeck, Herbeck’s Lonestar Fishing Guide Service. Catfish are shallow around creek mouths drifting in 12-24 feet of water with cut shad or rough fish. Report by Jason Barber, Kings Creek Adventures.

More Fishing Reports