Victoria Dempsey 

Information Officer

502.595.4024

The complaint asks the court for: (1) a declaration that the actions of James D. Foster of Independence, Ky., and Matthew T. Scudder of Hebron, Ky., constitute violations of the U.S. Fair Housing Act and the Kentucky Civil Rights Act; (2) a permanent injunction restraining and enjoining the defendants from engaging in unlawful acts of racially motivated coercion, intimidation or interference; (3) a requirement that the defendants undergo training on the subject of fair housing laws with emphasis upon housing laws that prohibit race discrimination; (5) and, monetary actual and punitive damages for Frederick, Tangela and A.L. Mahone.

KCHR filed an administrative complaint initiated by its chair, Ms. Priscilla Johnson, in July. Commissioner-initiated administrative complaints are expressly authorized by the state General Assembly to affect the purposes of the Kentucky Civil Rights Act, even where an aggrieved person has not come forward to file the complaint.

In October, KCHR determined that probable cause existed to believe that a discriminatory housing practice made unlawful under KRS Chapter 344 (The Kentucky Civil Rights Act) had occurred. KCHR advised the Mahone family of their statutory right to have the claims made in the charge to be decided in a civil action filed in lieu of an administrative hearing before the commission. The family decided to pursue the civil action.

The Mahones were victims to a cross burning in front of their home in Burlington last summer as well as smashed car windows and yelled racial epithets.  The KCHR complaint accused the defendants of conspiring to commit these acts. The Mahones moved from the neighborhood after the incident occurred.

KCHR is the state agency that enforces the Kentucky Civil Rights Act.  It receives, initiates, investigates, conciliates and rules upon jurisdictional complaints.  KCHR has jurisdiction in housing, employment, public accommodations, financial transactions, and private clubs.

The Kentucky Civil Rights Act prohibits discrimination on the basis of race, color, religion, national origin, sex, familial status in housing, disability, age (40 or over) in employment, and smoking status in employment.  Complaints not dismissed, settled or conciliated go to administrative hearing where commission decisions have the authority of a court of law.

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