Expert: Michael Troy - 2/22/2004

Question
I live with a person who is a member of the "protected class."  I feel we have been discriminated against many times.  Besides finding garbage thrown in our yard, we have found a few of our trees either cut or pushed over.  Yes, I have contacted the authorities, but we can never really "catch" them doing anything.  But the worst part is these letters we have received.

These letters break my heart.  The actual language of these letters indicates that we are being targeted based upon "Bo's" disability.  Yes, I've contacted the DFEH.  HUD couldn't do anything because we own our home.  They even mentioned the 1st Amendment and free speech.  How can these people get away with calling "Bo" a "loose cannon" and a "lunatic" among other things?

Answer
Hi Diane,

Sorry to hear about your difficulties.  The First Amendment protects name-calling, but it does not protect vandalism or other harassment designed to prevent someone in a protected class from exercising their right to live where they want.  But unless the letters are threatening, there probably is not much you can do about them.  Simply expressing a dislike for someone who is handicapped, or even because they are handicapped is protected speech.

I can also understand way authorities do not want to get involved.  Although it may be the case that the acts of vandalism are related to handicapped discrimination, proving that relationship can be extremely difficult.  On top of that, not proving who exactly is doing it makes the case that much harder.

If you really want to catch these people, you might consider placing surveillance cameras to watch your lawn and record any trespassers.  Without such conclusive proof, I doubt the police will do much for what is considered a fairly minor crime.

There may be other actions you can take depending on the specific facts.  But you probably should contact a lawyer in your state to find out what other options you might have.

Good Luck!
- Mike