make some bullet point notes on the key arguments in the reading

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make some bullet point notes on the key arguments in the reading

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make a bullet point notes on the key arguents in the” Pitfalls of the ‘tourist gaze’Ecotourist dialogues and the politics of global resistance”, do it in MLA format, and i will attatch the reading as pdf

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Pitfalls of the ‘tourist gaze’
Ecotourist dialogues and the
politics of global resistance
1996 saw the global success of The Beach, a novel by Alex Garland that has been translated into 25 languages and sold millions ofcopies around the world (Gluckman 1999c). A decade later we may claim that the book has become a contemporary classic. It did not come as a surprise that in the second halfof the 1990s Hollywood expressed an interest in adapting the story for global cinematic consumption. The core narrative encompassed the trajectory of travel experience, the pain of unrequited love and the horrors of social dysfunction -fantastic scenarios in a powerful combination that would normally appeal to movie viewers. The finished product, however, did nor enthuse audiences, because it failed to live up to the magical story that Garland had contrived. The manipulation of the novel’s plot was received by many viewers as a manifestation of Hollywood’s cultural imperialism: in the film the protagonist, a British backpacker, was turned into an American who is looking for adventure in an exotic land. Such revisions were deemed to be addressed exclusively to American viewers and offended the sensibilities of Garland’s fans. The diversity of responses that were registered online by audiences form a wealth of material for this study. Central to reviewer comments were questions thar modern travellers often ask: how is it possible to gain an authentic experience from and through travel? When is an inner, spiritual, journey ‘authentic’ and how is it complemented by corporeal travel?
Although the film deviated from the novel, it still followed the original narrative in brush strokes. Richard, a young American traveller, decides to visi t Thailand to escape the monotonous and repetitive life of his homeland. In Bangkok he meets Mr Daffy, a drug addict who speaks of a spectacular beach hidden away from the eyes of Western tourists. The idea of visiting an unspoilt paradise lures Richard, now equipped with Mr Daffy’s map, to search for this legendary place. Together with two young French travellers, Etienne and Francoise, they trace the island of ‘the beach’. There, behind a marijuana plantation maintained by Thai
I
28 Pitjal]: ofthe ‘tourist gaze’
drug dealers, they find a self-sufficient community of Westerners who live on the island, but the joy of arriving at their destination and joining the group will soon be replaced by disillusion and terror, Nothing is as it seems. While a series of mishaps lead to the collapse of communal solidarity, Richard’s sanity is in danger and the dream of inhabiting an earthly Eden falls apart. When sharks attack two members of the group, the group leader refuses to allow their transportation to the city, fearing that the secret of their island will be disclosed. This decision affects community morale and brews conflict and resentment among its members. Richard, who had shared the map with two fellow backpackers, watches them being murdered by Thai plantation guards when they track the island down. Finally, the drug dealers turn against the community and demand its departure so that they can be rid of foreign intrusion and further trouble from newcomers. The survivors of the ensuing tragedy find their way back to the civilized world, bearing with them the scars of memory for the rest ottheir lives,
If the cold reception of the film was unexpected, the film’s impact on Thai tourism was not. The island that figures in The Beach (Phi Phi Leh, Maya Bay) eventually became a popular tourist destination for Leonardo DiCaprio (the cinematic Richard) fans and for deluded travellers who sought to reproduce his cinematic adventure by visiting the island. Moreover, The Beach assisred in the promotion of tourism in the Phuker region by international holiday providers, especially those who maintain websites. It must be noted that Garland’s story itselfwas intended more as a satire of backpack travel (see Wall StreetJournal, 1999; Gluckman 1999c) and counter-cultural tourism, an alternative type of tourism that emerged in the later part of the 1960s and the 1970s (Cohen 1988b). Counter-cultural tourism was popular among the hippie communities and involved long-term visits to underdeveloped Asian countries for spiritual betterment and experiential authenticity. Many such countries were consequently added to the itineraries of backpackers, for whom travel was more a way of living and a shared value (Schwartz (991) than a brief break from work. It has been argued that backpack travel to Asia and beyond differs from conventional tourism in that its disciples operate outside the structures of organized tourism: even if they have a list of desired destination visits in their diary, they do not follow an organized programme decided in advance (Feifer 1986: 2). More controversially, it has been argued that travellers always express an interest in the values, customs and ideas of the host culture, although they never manage to ‘live like the locals’ (Westerhausen 2002: 6). However, as some viewers observed, the cinematic adaptation of Garland’s novel had a more ambiguous agenda, because it promoted a confusion of backpack travel with tll, implicit conner
This implici global sign ind packaged and travellers. Thes film and the ve Century Fox, a authorities, Fa: did not fit the an area protecte locally, nations viewers. Under plere the produ on a publicity c Both director] published onli:
In this chapt response and di invited film vii the film. Cyber activism ‘on 10 environmental political agend could be said tI in the field of 5 that a change nature of the n websires, rife ~ global, nation stabiliry’ (Ger activists need« claim that the wars. Intormar munities that Subsequently, mirrored in rh culturally ern]: The main bur, campalgnlOg 0 Internet to can and Ward 199~
I
/esrerners who on and joining Nothing is as of communal .inhabiting an s of the group, he city, fearing ecision affects nt among Its w backpackers, Then they track he community 1 intrusion and isuing tragedy em the scars of
lrn’s impact on b(Phi Phi Leh, .n for Leonardo travellers who ng the island. •in the Phuket :who maintain intended more 99; Gluckman oftourism that :=ohen 1988b). ~ communities 1 countries for such countries .ers, for whom =hwartz 1991) kpack travel to rat its disciples .n if they have not follow an
2). More conress an interest although they ~: 6). However, and’s novel had on of backpack
Pitfalls 0/the ‘tourist gaze’ 29
travel with the pleasures of conventional tourism, uncovering their implicit connections.
This irnplicit cross-reference of travel and tourism was exploited by global sign industries for the establishment ofa tourist site that was also packaged and presented as a destination for prospective alternative travellers. These developments were shadowed by a controversy over the film and the very presence of the Hollywood production company, 20th Century Fox, on the island. After achieving an agreement with the Thai authorities, Fox decided to ‘modify’ the natural backdrops because they did not fit the fantasy of a tropical idyll. These blatant interventions in an area protected by environmental laws generated a great deal ofreaction locally, nationally and globally, and angered environmentally friendly viewers. Under pressure to retain ‘high consumer satisfaction’ and complete the production process that stumbled upon protests, Fox embarked on a publicity campaign to counter accusations of ecological destruction. Both director Danny Boyle and DiCaprio were involved in interviews, published online, in an attempt to turn the tide in their favour.
In this chapter I am going to follow the controversy and Hollywood’s response and discuss the development ofcyberacrivist communities that invited film viewers and other fellow activists to partake in boycotting the film. Cyber-acrivism, I claim, contributed to the organization ofactual activism ‘on location’, because it enabled local and other international environmental pressure groups to identify a cause and present a coherent political agenda that then made its way back to online publications. It could be said that The Beach online wars exemplify recent developments in the field of social movements, but I do not want to support the idea that a change in the medium of communication radically altered the nature of the movements, only that it multiplied their appeal. Activist websites, rife with publicly available material on the episodes, provided global, national and local environmental groups with a ‘marker of stability’ (Germann Moltz 2004: 171), a symbolic home which the activists needed to counterbalance Fox’s publicity campaigns. I will not claim that the Internet ‘materialized’ the activist groups of The Beach wars. Information networks linked up already established activist communities that meet regularly on a geographical basis (Lax 2004: 225). Subsequently, the ‘network’ nature of actual activist communities was mirrored in their use of the Internet, which has ‘technologically and culturally embedded properties of inreractiviry’ (Castells 1996: 358). The main burden of this campaign was shouldered by international campaigning organizations such as Greenpeace that cusrornarily use the Internet to complement their existing organizational structures (Gibson and Ward] 999). Another question that follows from these developments
30 Pitfalls of the ‘tourist gaze’
is how pivotal were external activist initiatives (on and offline) for the local Thai cause. To answer this I will examine the anti-statist nature of Thai environmental movements and the responses of state agents to local reactions. Following Utry (2003) I atgue that The Bead]protests activated a process of ‘glocalization’ (2003: 85) that drew the Phi Phi island communities into global tensions and flows of ideas, sustaining a phenomenal relationship of solidariry and interdependence between foreign and domestic activist cultures (Melucci 1996: 1i3).
Authenticity, c:ommunitas and travel
Tourism activates a spatiotemporal segregation from organized work (Urry 1990: 2-3), because the routines that define our everyday lives grind to a halt and we live in suspended time. Taking time off work’ to travel is, after all, often associated with seeing new, non-ordinary places and cultures (Urry 1992; Chaney 2002). At the same time travel, just like leisure literature, performs a compensatory function, providing the individual with the opportunity to avoid standardized practices and lifestyles <Burch 1969). The Beachnarrates a story that follows this logic, because it takes as its starting point Richard’s decision to escape his depressing life in America in favour of adventure. His first experience of Bangkok is rather frustrating. The camera here replaces the traveller’s pen, capturing a dazzling array of city images including clubbing, traffic congestion, drug dealing and sex trade that despair and confuse the young Richard, who was looking for something different. This produces a spectacular sequence of ‘tourist glances’ (Urry 2001: 4), equating mobility of vision with travel. Richard’s true ‘escape’ begins when he takes possession ofMr Daffy’s map and departs on a quest for authenticity. The authenticity that the film promises is double: on the one hand travelling invites Richard to explore difference and test the limits of his knowledge. This he eventually achieves by joining the small international community of ‘the beach’. This type of authenticity partakes in the project of self-fulfillment and emotional transformation -what Wang has termed ‘{a preoccupation] with an existentialstateof Beiny,’ (1999: ) 59, emphasis in the text). At the same time the film engages the viewer with the ‘object’ oftravel, the ‘paradise’ of the island, to use the viewers’ vocabulary. Although I concentrate on the first dimension, which received more attention in online reviews, I will not neglect the social construction of the toured object, which I discuss later in the chapter.
It is interesting that in film reviews experiential authenticity was translated into an engagement with yourh culture. ‘The beaches, the bars, the snake blood, the dope, the parties’, a mixture ofRichard’s urban and communal expc ‘Many from New; on “The Great OE true for many Aust youth’ UMDB, 24 Another viewer call 30 September 200( between the Beach in Thailand’ (IMDB film as a documents location (see for exar travel is, of course, people. It marks the and self-sustained entering the realm foteign countries at also Bell 2002 l.
n II HIGHJ “I.II~
Flgllre 2.1 Richard w Source: 20th Century F
line) for the local .t nature of Thai agents to local rotests activated Phi island com19a phenomenal ~en foreign ancl
organized work r everyday lives :ime off work’ to i-ordinary places e travel, just like , providing the ed practices and )llows this logic, on to escape his .rst experience of es the traveller’s clubbing, traffic onfuse the younb’; This produces a l: 4), equating begins when he :for authenticity. in the one hand the limits of his tall international
partakes in the m-what Wang eing’ (1999: 359,
; the viewer with e viewers’ vocabch received more I construction of
.uthentiri ty was “he beaches, the ~Richard’surban
Pitfalls ofthe ‘tourist gaze’ 31
and communal experiences, belong to the performance ofyouth identity. ‘Many from New Zealand head off in their late teens/early twenties on “The Great OE” (Overseas Experience). The same is undoubtedly true for many Australians and Brits, if not so commonly for American youth’ (lMOB, 24 January 2002), says a viewer from New Zealand. Another viewer calls the film ‘a narcissistic youth fantasy’ (IMOB, USA, 30 September 2000) whereas an American found the ‘sharp contrasts between the Beach and the town … very true about young westerners in Thailand’ (lMOB, 20 December 2001). Young viewers even treated the film as a documentary worth seeing before catching a f1ib’;ht to an exotic location (see for example IMOB, California, 1 February 2004). Backpack travel is, of course, an established ritual in X1estern societies for younb’; people. It marks the passage from adolescence to the world of independent and self-sustained b’;rown ups with professional occupations. Before entering the realm of work youths enjoy prolonged leisure by visiting foreign countries and familiarizing themselves with other cultures (see also Bell 2002).
Figure2.1 Richard wanders in the touristified streets of Bangkok. Source: 20th Century Fox/Phorotesr. ©20th Century Fox Film Corp.
:
32 Pitfalls of the ‘tourist gaze’
Some reviewers discussed the community of the secret island as a subcultural enclave. Following Garland, a viewer is surprised to find out that ‘the paradise’ is ‘full of hippies’ and wonders whether this is an allusion to the ‘Vietnam era’ (IMDB, US, 5 December 2004). An Australian suggests that the film leaves behind ‘pop culture’ ‘for an alternative culture’ (IMDB, 20 August 20(1), and an American sees in the island community the model for a ‘pacifist, anarchist society’ (IMDB, 8 March 2004; see also San Francisco, California, 10 September 2(02). Travel is thus for viewers a rite ofPmJage (Van Gennep 19(6) that accompanies a process ofspiritual change. Rites of passage used to be performed in preindustrial societies in order to consolidate changing positions (marriage, puberty, change ofpolitical status) in the social order. They involved the ritual separation of the initiate (or the group) from the social, their existence in a stage of ‘in-betweenness’ (what Turner [l969} termed liminality) and finally their reaggregation to the social fabric as carriers of new identities. However, rites of passage also occur in postindustrial societies, especially in subcultural contexts. Their function is to establish boundaries between the inside (who belongs to the group) and the outside, securing the distinctive identity of the group. Victor Turner employed the term liminoid to describe these phenomena, differentiating them from the liminal, as they are ‘not obligatory ritualjs] [but} a playseparated-from-work’ (Turner 1974: 74). The liminoid phase is voluntary, unlike the liminal, which is prescribed from outside, the structural environment. Turner operationalized this concept in his examination of various subcultures, among them the hippies, who construct their own system ofbeliefs in opposition to given norms and values. Despite the fact that their liminoid state of being is not recognized or ‘classified’ by outsiders, such subcultures develop their own patterns of collective self recognition -what he termed COI1l11lUnitm.
These anthropological models can be mobilized in our understanding of reviewer comments. On an individual level, Richard’s journey to Thailand resembles a puberty rite. After his pilgrimage to the beach, he is an adult, alert to the dangers of transgression. At the same time the viewers recognize in the island group to which Richard belongs the antistructural element ofcommunitas that tourists enjoy while traveling. The dramatization of the story on a beach further stresses this: as Shields (1991) hasargued,the beachis the’locusofanassemblage of[…}behaviors and patternsofinteractionoutsidethe norms ofeverydaybehavior'(1991:75). I must stress here that for some viewers the comrnunitas of the island enclave does not belong to travel but to the tourist experience. Holiday time is free from everyday constraints and voluntarily spent in enjoyable ways (Wagner 1977; Jafari 1987). As we will see below, many viewers believe that all the” community (very c cinematic plot. Wl dance in pop rhytlu plantation. Divorcii context enables, in these ‘hippyish’ W. story, the young gn of tourist experienc
The scenes of lei: ceptions of hippy c discourses of the ~ discourse, present tal ism’ (Carrier 19? as the place of diso It forms the voice 1 within the rigid st Thailand exists in brochure, an ernbo the secrets of the ( because of its pron hippy communes experiential touris because it promo and investment. 1 ‘tak[ing} a concent clever images ofrn Los Angeles, 7 Fe
10 October 2001) which film is reac Western desire for pressures of everyd authenticity. So, c through the film, mentation that p12 contrasts between I the beach bears w conformity promo to resist or invert t
The complaints full of’spoiled teen principles’ (IMDB
J as a subd out that n allusion mstralian lrernarive the island ,8 March . Travel is mpames a led in pre’marriage, volved the cial, their 1) termed as carriers industrial ) establish ,) and the :or Turner renriating ut] a playvoluntary, tural enviination of their own ite the fact ssified’ by lective self
ersranding iourney to ~ beach, he e time the ;s the antieling. The .lds(1991) iaviors and 1991: 75). the island
e. Holiday I enjoyable ny viewers
Pit/allJ of the ‘tourist gaze’ 33
believe that all the work-related activities and the division oflabour in the community (very central to Garland’s narrative), are written out of the cinematic plot. What is left is a group of young people on a beach who dance in pop rhythms while smoking marijuana that they stole from the plantation. Divorcing subcultural activities from their historical and social context enables, in Roland Barrhes’ terms (1993), the mythologization of these ‘hippyish’ Westerners, On the second order, mythical level of the story, the young group of the beach embodies the archetypal community of tourist experience.
The scenes of leisure bear a striking resemblance to stereotypical perceptions of hippy culture as decadent and apolitical, popular in foreign discourses of the West as the place of vice and lack of moral order. This discourse, present in some reviews, becomes the backlash of ‘occidenralisrn’ (Carrier 1995), a response to Western denigration of the Orient as the place ofdisorder, lack of civilization and immorality (Said 1978). It forms the voice that attacks tourist orientalizations of countries from within the rigid structures of Western discourse, On a structural level, Thailand exists in Western consumption practices only as a tourist brochure, an embodiment of hedonism and a promise for initiation into the secrets of the Orient. Young Western tourists often visit the place because of its promised sensual qualities; the country has been hosting hippy communes for decades. This transposition of Orientalism into experiential tourism complements its exposed political counterpart, because it promotes discursive fixities through emotional fixation and investment. The comments of viewers who praised the film for ‘takjing] a concentrated look at the misery of urbanity’, and ‘offering up clever images of mechanization, population, and capitalization’ (IMDB, Los Angeles, 7 February 200 I) and ‘antimaterialism’ (IMDB, USA, 10 October 2001) confirm that this project can influence the ways in which film is read. At the same time viewer comments uncover the Western desire for a rediscovery of the self away from the stresses and pressures of everyday life and function as a lamentation for the ‘loss’ of authenticity. So, despite their conformist nature, which is promoted through the film, these comments highlight the alienation and fragmentation that plagues modern societies. Online discussion of cultural contrasts between the urban environment of Bangkok and the serenity of the beach bears witness to a paradox: the very industry that produces conformity promotes the idea of the authentic Self as an ideal ‘that acts to resist or invert the dominant order’ (Wang 2000: 60),
The complaints of some other viewers that the island community is full of’spoiled teenagers’ with no social skills or ‘political convictions and principles’ (IMDB, 23 October 2003) echo these discourses of Western
34 Pitfalls 0/the ‘tourist gaze’
decline from which committed travellers want to escape, Here we move away from the notion of organized, package tourism, favoured by young clubbers, and enter the domain of travel as a form of’pilgrimage’ (Graburn 1977), an individual project of spiritual change that lost its religious connotations with the advent of rationalization (Bell 2002), This invites us to differentiate modern organized tourism from travel, an earlier form ofacculturation that found its expression in the grand tour (Urry 1990), Travel experience is transgressive and destabilizing, unlike organized tourism that operates as ‘a system for managing pleasure and keeping danger and destabilization at bay’ (Chard 1999: 208), Travel of course provided the economic and ideological framework for the development of tourism as an escape to peripheral and exotic countries (Brodsky-Porges 1981 ),
A brief history of travel and tourism in Asia supports the analytical distinction between them: in the late 1960s many young Westerners followed the ‘Hippie Trail’ to Asian countries in search of a different lifestyle. By the early 1970s this type of travel had acquired the character ofa youth culture, replacing the hippy endeavours of the previous decade. The new travellers would use means of transport that were safer than those of the previous generation, resembling in their exploits and travel styles the wealthy youths of the grand tour (Westerhausen 2002: 25): organized enough to avoid unpleasant surprises along the way, yet free from parental constraints and able to enjoy the ‘unknown’ (often with parental financial contribution). More importantly, the popularization of travel Bights during this decade consolidated the institution of a structured tourist system that by the 1980s had overtaken youth, drifter-style, travel. Although backpack travel survived these Western socioeconomic changes, conventional tourist visits to places like Thailand are the rule today. Historical changes in travel and tourism in Asia were registered in the film by viewers, because backpack travel and tourism still coexist in Western societies. Preferences to either vary: for some viewers travel is regarded as a rite that must be performed properly, without deviating from the protocol. For example, a viewer disliked the uncivilized attitude of the island group, exclaiming that ‘if this is what would happen in a paradise setting with so-called “civilized” people, I’ll take savage headhunting tribes any day’ (IMDB, USA, 25 July 20(0). Another explained triumphantly that ‘the best part of the film is the ending when all these pathetic, craven softies from civilization, who fancy themselves rugged individualists, get their final comeuppance’ (IMDB, USA, 30 September 2000). Conclusively, the absence of the trials and tribulations oftravel from the cinematic story was unacceptable for some viewers -mostly Americans. According to them, not unlike Adler’s ‘anchorite pilgri wilderness, Rich, debased socializai
This categories the constraints of because it compri travel. The film It as the island corm failure acquires tv commumty to m. involves the grip 1 leaders decide tha name of humariit of the communit that despite pron compared the sto tat ion of a novel group of youngstl savagery -a classi social solidarity cc that both films, state of nature (i.1 that accompany collective psyche’ moral message e disappearance of r situations’ (lMDE 18 February 200; Canada, 12 Febru
We could clair anomaly of the i addiction and the to the comments: ceases to be the UI not escape arrent] of the island begi of todays [Jie} so than a carefree rc argued,
Having gone You go ttavel
ere we move ed by young ge’ (Graburn its religious This invites l earlier form
(Urry 1990),
ce organized and keeping vel of course development odsky-Porges
.nalyticai dis Westerners of a different the character .viousdecade. ere safer than iirs and travel en 2002: 25): , way, yet free .i’ (often with mlarization of ion of a struc.drifter-style, .ocioeconomic .iland are the
in Asia were ·1 and tourism rary: for some med properly, er disliked the ‘if this is what ~d” people, I’ll ~5 July 2000). :he film is the ion, who fancy oance’ (IMDB, . the trials and xable for some unlike Adler’s
Pit/;I!IJ of the ‘tollrist gaze’ 35
‘anchorite pilgrim’ (1992), who looks for spirirual growth in the wilderness, Richard should have been educated through hardship, not debased socialization.
This categorical dislike for Richard’s and his friends’ liberation from the constraints of organized time and work deserves closer examination, because it comprises an extension of the debate on the liminoid phase of travel. The film left many viewers with a bitter taste ofdisappointment, as the island community fails to realize their desire for authenticity. The failure acquires rwo dimensions: the first one involves the inability ofthe community to master nature, as sharks devour its members. The second involves the grip that dissonance and hatred take on the group when their leaders decide that they cannot sacrifice the secret oftheir paradise in the name of humanitarian purposes (e.g. to save the shark-bitten members of the community by providing proper medical help). It is interesting that despite protestations from the makers of The Beach, many viewers compared the story with The Lord of the Flies (1990), a cinematic adaptation of a novel by William Golding. The Lord of tbe Flies follows a group of youngsters who, trapped on an island, begin ro degenerate into savagery -a classical exponent of the Hobbesian state of nature in which social solidarity collapses, A viewer confirmed the comparison, explaining that both films are stories about the way ‘people would behave in a state of nature (i.e. away from civilization and the political institutions that accompany it), and as such [they} reveal a great deal about our collective psyche’ (IMDB, UK, 9 August 2(03). For others, the movie’s moral message exposes ‘the dangers of separated communities, the disappearance of rules, regrets, the Iittle value human life has in extreme situations’ (IMDB, Oxford, UK, 14 April 2002; IMDB, Dublin, Ireland, 18 February 2002; IMDB, Anonymous, 18 May 2000; IMDB, Calgary, Canada, 12 February 2000; Amazon, Oxford, 28 November 2000).
We could claim that what disturbs these viewers is the liminoid anomaly of the island community: their lax mannerisms, their pot addiction and their disagreements. There is, however, another subtext to the comments: once they are settled in the island, the utopian beach ceases to be the unattainable and becomes more like home. This paradox did not escape attention and was recorded in some reviews, The community of the island begins to resemble more what a viewer calls ‘a microcosm of todays [.ric} society’ (IMDB, California, 12 February 2000) rather than a carefree touring of different places. As another viewer wittily argued,
Having gone travelling from my point ofview this film is utter drek. You go travelling for two reasons: 1) to go and see and do different
36 Pit/a/lf 0/ the ‘tourist gaze’
things 2) to go home again, Cos {Jic] you see, if you don’t go home then in fact you are NOT a traveller, You have stopped travelling. (IMDB, Cardiff, UK, 29 May 2001).
The viewer recognizes that travel involves change, and is incompatible with the stability that the protagonists of the film aspire to establish (Amazon, Berlin, 14 August 2005) -a complaint that travellers constantly voice against tourists (Westerhausen 2002: 57). Consequently, the antistructural element of Richard’s journey is quietly replaced by mere conventionality. The viewer implies that the film reproduces conventionality: the conformism of following orders by a more ‘experienced’ group leader is complemented by regular trips to the civilized world of holiday resorts to stock up on all the goods that cannot be provided by nature. The food is nicely cooked, yet nobody appears to do any cooking -a miracle that can only take place in the back regions of a regular restaurant (Coffman 1987). Last, but not least, the young community members seem to enjoy their time playing soccer, as if they had stepped our of their hotel in a tourist resort. As a viewer pointed our, the film
FiWm 2.] A relaxing break in Thailand: the island commune enjoys the crystalclear waters of ‘the heach’ while the food cooks itself.
Source’ 20th Century Fox/Photofest. ©20th Century Fox Film Corp.
‘failed to show iso beach resort’ (Am;
Isolated, these ( one point: the eXI an artificial [lavo cinematic interpre as a personal rransi standardized toun that ‘those of us wi assorted modern ar 2000). Another re its heroes are ‘un: (IMDB, Cobham, even more critical corners to escape I run away from [th 13 April 2000). ‘A and play in equal I to become a borin argued a sophistica critique comes froi average American Richard’s travel 01
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This could be n Adorno and Horkl only do modern cc dardized products ~ claim would not ( dardization. There background (the is]
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Pitfalls of the ‘tourist gaze’ 37
‘failed to show isolation’ at all because it looked ‘just like a normal tacky beach resort’ (Amazon, UK, 28 February 2001).
Isolated, these details are not so striking, yet they do converge upon one point: the experiential authenticity that the film itself markets has an artificial flavour. Another group of reviewers are so upset by the cinematic interpretation of the novel that they renounce the idea oftravel as a personal transition to a more authentic state ofexistence and welcome standardized tourist offers by commercial providers. A viewer explained tha

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Project – STAT 3001

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Project – STAT 3001

please provide short answers.

Part I.  Analyze Data
Instructions    Answers
Open the fileCARS using menu option Datasets and then Elementary Stats, 9th Edition.  This file contains some information about different cars.How many observations are there in this file?

Analyze the data in this file and complete the following table, indicating for each variable what type of data it represents.
Variable    Qualitative/ Quantitative    Discrete/ Continuous/ Neither    Level of Measurement
Car
Length
Cylinders
Size
Braking
Would you consider this data to represent a sample or a population?

Part II. ScatterPlots
. Create a scatterplot for the data in the Weight and Braking columns.Paste it here.You may need to resize the plot once it is in this file.
. Explain the visual relationship between Weight and Braking distance of the cars.
Create a scatterplot for the data in the Weight and the City MPG columns. Paste it here.You may need to resize the plot once it is in this file.
Explain the visual relationship between Weight and City MPG.

Part III.  Correlation
Using Stat Disk, calculate the linear correlation between the data in the Weight and Braking columns.List the steps used for the calculation and give the resulting correlation coefficient.
Explain the mathematical relationship between Weight and Braking based on the linear correlation coefficient.  Be certain to include comments about the magnitude and the direction of the correlation.

List the sample size and the degrees of freedom for this computation.
Using Stat Disk, calculate the linear correlation between the data in the Weight and City MPGcolumns.
Compare and contrast these two relationships:

Weight and Braking distance
Weight and City MPG

How are they similar? How are they different?

[
“Types of Correlation”]

Part IV.  Simple Regression
Let’s say that we wanted to be able to predict the Braking distancein feet for a car based on its weight in pounds. Using this sample data, perform a simple-linear regression to determine the line-of-best fit. Use the Weight as your x (independent) variable and braking distance as your y (response) variable.Use 4 places after the decimal in your answer.

Paste your results here:

Answer the following questions related to this simple regression

What is the equation of the line-of-best fit?  Insert the values for bo and b1from above into y = bo + b1x.
What is the slope of the line?  What does it tell you about the relationship between the Weight (Pounds)and Braking distance(Feet) data? Be sure to specify the proper units.

What is the y-intercept of the line?  What does it tell you about the relationship between the Weight and Braking distance?

What would you predict the Braking distance would be for a car that Weighs 2650 pounds?  Show your calculation.
Let’s say you want to buy a muscle car that Weighs 4250 pounds.    What effect would you predict this would have on the braking distance of the car?  Relate this to the Braking distance you found for a car weighing 2650 pounds in the previous question.
Find the coefficient of determination (R2 value) for this data.  What does this tell you about this relationship?

Part V.  Multiple Regression
Let’s say that we wanted to be able to predict the city miles per gallon for a car using

•    Weight in pounds
•    Length in inches
•    Cylinders

Using this sample data, perform a multiple-regression using Weight, Length, Cylinder, City.   Select City (Column 8) as your dependent variable.

Paste your results here:

What is the equation of the line-of-best fit?The form of the equation is Y = bo + b1X1 + b2X2+ b3X3 (fill in values for bo, b1, b2, and b3).
[Round coefficients to 3 decimal places.]
What would you predict for the City MPG earnings of a car whose

•    Weight is 3410 pounds
•    LENGTH is 130 inches
•    Cylinders is 6
What is the R2 value for this regression?  What does it tell you about the regression?

Col 1    Col 2    Col 3    Col 4    Col 5    Col 6    Col 7    Col 8    Col 9

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The experience of discrimination

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The experience of discrimination

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Imagine you are in heaven, and the angel in front of you says: “You are going to be born to the world. In America. But guess what? We give you choices. There are some groups in America that are in disadvantaged positions… for example, Blacks. So you can choose to be born White, or you can choose to be born Black with cash compensation. The cash will be deposited to your bank account when you are born.”

Question: If you choose to be born Black in America, how much compensation do you think is reasonable? The more specific the better.

Chapter 11
*
The Experience of
Discrimination
Oh, is there still racism?
-ANONYMOUS STUDENT, ON HEARING THAT A COURSE
ON RACISM WAS BEING OFFERED ON HER CAMPUS,
QUOTED IN TATUM (1997, P. 3)
I don’t think White people, generally, undmtand the
full meaning of racist discriminatory behaviors directed
toward Americans of African descent. They seen1 to see
each act of discrimination or any act of violence as an
“isolated” event. As a result, most White Americans cannot
understand the strong reaction n1anifested by Blacks when such
events occur. They feel that Blacks tend to “overreact.” They
forget that in most cases, we live lives of quiet desperation
generated by a litany of daily large and small events that,
whether or not by design, remind us of our “place”
in American society.
-ANONYMOUS BLACK PROFESSOR, QUOTED IN FEAGIN
AND SIKES (1994, PP. 23-24, EMPHASIS IN ORIGINAL)
Chapter Outline
Social Stigma
What Defines a Stigmatized
Group?
Stigma by Association
Tokenism
418
Responses to Prejudice and
Discrimination
Attributional Ambiguity
personaJ/Group Discrimination
Discrepancy
Consequences of Prejudice to the
Target
Stereotype Threat
Vulnerability to Stress
Threats to Self-Esteem
Coping with Discrimination
Psychological Disengagement and
Disidentification
THE EXPERIENCE OF DISCRIMINATION 419
Behavioral Compensation
Summary
Suggested Readings
Key Terms
Questions for Review and Discussion
As we saw in Chapter 6, many White Americans think prejudice is more or
less a thing of the past. It is certainly true that more blatant fonlLS of prejudice
have declined in the United States, because of both legislative and social changes.
It is also true, however, that the existence of prejudice and discrimination can simply
be iuvisible to many members of the majority group. It is sometiules difficult
for the majority group to accept that, for many people, prejudice and discrimination
are a “lived experience” (Feagin & Sikes, 1994, p. 15) and are not inconsequential
beliefs and actions that can siulply be overlooked while “getting on with
one’s life.” Instead, for members of stereotyped groups, these experiences are
woven iuto the fabric of their lives. Much of this book has focused on theories about
and research on prejudiced people. In this chapter, we tell the story of prejudice and
discrimination from the poiut of view of those lived experiences, focusiug on the social
psychological research that describes and explains them.
As we have seen in earlier chapters, prejudice and discrimination can take
many fonns, depending on the actor, the situation, and the historical time period
in which a person lives. These factors similarly affect those who experience prejudice,
creating a dynamic interchange between those who treat others unfairly and
those who are the recipients of this injustice (Dovidio, Major, & Crocker, 2000).
This chapter focuses on the consequences of this exchange as they affect every
aspect of the stigmatized person’s life, including their academic and economic
achievement and their physical and mental well-beiug.
SOCIAL STIGMA
To fully understand what it is like to experience discrimination, it is important to
know what factors set others apart from the dominant group, increasing the likelihood
that they will be discriminated against. Recall from Chapter 1 our discussion
of group privilege. This privilege is defined as membership in the dominant
group, a status that is seen as nonnal and natural and is usually taken for granted
(A. Johnson, 2006). Dominant group membership is sometimes referred to as
majority group membership, but this is somewhat of a misnomer. Privileged status
often comes from being in the majority; however, it is not defined simply by
420 CHAPTER 11
a group’s numerical advantage. For example, the British rule of India lasted more
than 300 years; during that time, Indians faced severe racial discrimination from the
British even though the Indians greatly outnumbered the British (Dirks, 2001),
Similarly, although Blacks in South Africa outnumber Whites four to one, until
1994 Blacks were subjected to apartheid laws that enforced their segregation
from Whites, governed their social life, and limited their employment options
(Beck, 2000), The vestiges of apartheid continue to affect Blacks in South Africa.
Privileged status, then, is defined less by a group’s numbers and more by its power
and influence. We begin our discussion by outlining the factors that delineate a
group’s privileged or disadvantaged status.
What Defines a Stigmatized Group?
~Whether they are consciously aware of it or not, individuals with privileged status
define which groups do or do not share this status. In social psychological tenns,
those groups that do not share this status are stigmatized or deviant. Stigmatized
-groups differ from the privileged or dominant groups in terms of appearance or
behavior. Members of stigmatized groups violate the nOn11.S established by the
dominant group on these dimensions and, as such, are lllarked by the resulting
social stigma (Jones et al., 1984). Because of this, members of stigmatized groups
are sometimes referred to as the marked and those who are the actors, or the ones
who stigmatize, are sometimes referred to as the markers. Marked individuals are
“devalued, spoiled, or flawed in the eyes of others” (Crocker, Major, & Steele,
1998, p. 504). The consequences of this devaluation are fur reaching and can include
dehumanization, threat, aversion, and other negative treatment, including
subtle forms of discrimination (Dovidio et al., 2000).
Which groups are stigmatized by the privileged or dominant group? The
answer depends on the culture and on the historical events that led to the current
cultural context. As we saw in Chapter 1, for example, the Irish and Italians were
once considered non~White and were targets of discrimination in the United
States; today, they are accepted as part of the White majority (Rubin, 1998).
Returning to our earlier examples, India is now governed by its own people and
is not subject to British dominance and Blacks in South Africa have made significant
strides toward undoing the effects of apartheid. Hence, historical events and
changes in laws and social nonns affect cultural beliefS about who can or should be
stigmatized, even if it sometimes takes many years to see their effects. More generally,
dominant group members detennine which individuals are stigmatized, based
on any number of characteristics, including membership in an underrepresented
basic social category, such as ethnicity or old age, or in a socially deviant category
defined by physical or mental disability, weight, socioeconomic status, or sexual
orientation. People also can be stigmatized because of their acne, their mother’s alcoholism,
a speech impediment, or illness, among many other things (Jones et al.,
1984). To be stigmatized, then, individuals must have a characteristic that is devalued
by the dominant group and that sets them apart from that group. Regardless of the
source of the stigma, in all cases, there is shame associated with being nurked
(Goffinan, 1963).
THE EXPERIENCE OF DISCRIMINATION 421
As you read this list of stigmatized groups, you might have concluded that
almost everyone has had the experience of being different from the majority and
has suffered because of it. It is true that being different from the group is often part
of normal human life. If you have had such experiences, it may give you some
insight into what it is like to be a member of a stigmatized group. But for majority
group members, nlany times these experiences are short-lived or othenvise benign.
Benign stigmas, such as acne, a correctable speech impediment, or a short-tenn illness,
differ in important ways from the more harmful stigmas social scientists most
often study, such as those based on ethnicity, severe mental illness, or sexual orientation.
Because these latter stigmas typically have more negative consequences,
ranging from depression to extreme violence against the stigmatized group, they
are the focus of this chapter. Edward Jones and his colleagues (1984) have identi–J
fied five dimensions that are particularly helpful in differentiating between harmful
and benign stigmas: course, concealability, aesthetic qualities, origin, and peril.
1.
2.
Course. Benign stigmas are often temporary; that is, the course of the stigma’l
is short. For example, acne is usually outgrown or can be cured by a J
dennatologist. In contrast, the course of many negative stigmas cannot be -J
changed. An individua1’s ethnicity is typically part of his or her lifelong
identity, for example. Another tenn that is sometimes used is stability; some
stigmas are perceived to be stable, or pennanent, whereas others are
perceived to be unstable and so can change over time. In general, people
believe that physica11y based stigmas, such as blindness or cancer, are stable
and that mental-behavioral stigmas, such as drug abuse or obesity, are
unstable (Weiner, Perry, & Magnusson, 1988). In general, stable stigmas
have more negative consequences for the stigmatized person.
Concealability. Some stigmas are concealable, which means they can be I
hidden or controlled by the stigmatized person. Such stigmas can be avoided J
simply by keeping the stigma private, such as by not ta1king about one’s
alcoholic mother, or can be hidden, such as by wearing makeup to cover a
scar or birthmark. Moreover, some individuals can and do choose to “pass”
for a member of a different ethnic group, thus concealing their group
membership. However, as John Pachankis (2007) explains, concea1ing a
stigma does not reduce the guilt and shame associated with that stigma.
Moreover, the need to continuously monitor behavior so that the stigma
remains undisclosed can be anxiety provoking. fu he notes” [i]n every new
situation that is encountered, such individuals must decide who among the
present company knows of their stigma, who may suspect this stigma, and
who has no suspicion of the stigma” (p. 328). Many gay men and lesbians,
for example, are not open about their relationships out of fear of social
rejection, loss of employment, or the threat of physical violence; as a result
they often find themselves lying about or hiding an important part of their
life and they feel guilt and shame because they must do so (Meyer, 2003).
Similarly, people often fail to seek treatment for menta1 illness because of the
stigma associated with revealing their problem (Corrigan, 2004). People who
have stigmas that cannot be concealed have a different set of problems; they
422 CHAPTER 11
3.
~.

realize their membership in a stigmatized group is apparent and this, in tum,
affects their thoughts, feelings, and behavior. They must always directly
cope with the prejudice and discrimination associated with their group
membership (Crocker et al., 1998).
Aesthetic qualities. Aesthetics refers to what is beautiful or appealing.
As we discussed in Chapter 3, many stereotypes are triggered by physical
appearance cues (Fiske & Taylor, 1991) and many stigmas are based on
this dimension as well. In general, less physically attractive people are more
likely to be stigmatized (Eagly, Ashmore, Makhijani, & Longo, 1991). One
reliable indicator of physical attractiveness is facial symnletty, or the degree
to which the left and right sides of the face are mirror images of each
other (Langlois & Roggman, 1990). Inclividuals with facial disfigurement
typically do not meet this standard and are likely to be stigmatized. In North
American culture, slimness is emphasized and overweight people become
the targets of cliscrimination (Crandall et al., 2001). Similarly, a central
component of the old-age stereotype is a decline in physical attractiveness
and mobility (Slotterback & Saarnio, 1996).
Origin. This tenn refers to how the stigma came to be and whether its
onset was under the control of the stigmatized individual. Stigmas perceived
to be controllable include drug addiction, acquisition of HIV, and obesity;
those perceived to be uncontrollable include cancer and heart disease
(Weiner et al., 1988). Physical characteristics that one is born with, such as
race or many disabilities, also are perceived to be uncontrollable Gones et al.,
1984). People’s beliefs about the controllability of a stigma have important
implications for acceptance of the stigmatized other. When people believe
that a stigma is uncontrollable, they feel nlore pity and less anger toward
the stigmatized individual compared with when the stigma is perceived
as controllable (Dijker & Koomen, 2003; Weiner et al., 1988). This
viewpoint is evident in this excerpt from a letter to the editor that appeared
in the Chronicle Review: “Race is something that a person has no control
over; hence racism is wrong. Homosexuality is a choice a person makes,
and therefore it is not wrong to disagree with it” (Colvin, 2003, p. B4).
Research suggests that others share Colvin’s viewpoint. For example,
Bernard Whitley (1990) found that people who believed that sexual
orientation was controllable had more negative attitudes toward lesbians
and gay men than did people who believed sexual orientation was not
controllable.
Peril. Members of some stigmatized groups are perceived, correctly or
incorrectly, to be dangerous. Persons with a mental illness, for example, are
stereo typically perceived to be dangerous, even though statistically they are
no more likely to commit violent crime than people not so diagnosed
(Corrigan & Penn, 1999). As we saw in Chapter 3, people stereotypically
assume that Blacks are more dangerous than Whites (Duncan, 1976).
Especially in the early years of the AIDS epidemic, the stigma associated
with HIV infection was found to be related to the belief that persons with
THE EXPERIENCE OF DISCRIMINATION 423
AIDS were highly contagious and therefore dangerous (Triplet & Sugannan,
1987). In general, groups assumed to be more dangerous are more stigmatized
than groups perceived as less dangerous (Jones et al., 1984).
Stigma by Association
So far, we have discussed what sets individuals apart from the dominant group.
One underlying assumption is that the dominant group generally rejects members
of stigmatized groups. But what happens when a member of the majority
group associates with a stigmatized person? Erving Goflinan (1963) proposed
that such an association would result in a “courtesy stignla” whereby the nlajority
group member would also then be stigmatized. In the past, mainly anecdotal
data supported this possibility. However, recent research suggests that Goffinan’s
hypothesis was correct. For example, Steven Neuberg and his colleagues (Neuberg,
Smith, Hoffman, & Russell, 1994) asked male research participants to watch a
social interaction that they believed was between either two friends or two
strangers. In the course of the conversation, one of the men (Person A) discussed
his relationship as being with either a woman or a man, which also revealed that
he was either heterosexual or gay. Person B, the other man, was presented as
heterosexual. Results supported Goffman’s hypothesis: there was a “courtesy
stigma” or a stigma by association with the gay man. That is, male research participants
were less comfortable with Person B when they believed he was a friend
of, rather than a stranger to, the gay Person A. When Person A was described as
heterosexual, Person B’s evaluations did not depend on how well he knew
Person A. Janet Swim and her colleagues (Swim, Ferguson, & Hyers, 1999)
also found that people fear stigma by association with gay people. In their study,
heterosexual women behaved in ways that socially distanced themselves from a
lesbian, even when doing so required agreeing with socially unpopular positions
or making sexist responses.
Additional research suggests that simply interacting with an obese person can
produce a courtesy stigma. Research participants were less likely to recommend
hiring a job applicant who was shown interacting with an overweight person at a
social gathering, regardless of how well tbe applicant knew the overweight person
(Hebl & Mannix, 2003). Similarly, children as young as 5 years old dislike
girls more when they are pictured next to an overweight rather than an average
weight child. However, this courtesy stigma did not emerge for boys who were
pictured with an overweight boy (Penny & Haddock, 2007). Finally, individuals
who are dating a person with a disability are subject to stigma by association,
including the perception that they are less intelligent and sociable than those
dating a nondisabled person (Goldstein & Johnson, 1997). Yet some aspects of
this stigma by association were positive, including the perception that those dating
the disabled were more nurturant and trustworthy than those not doing so.
Even so, these positive perceptions are consistent with the idea that those associated
with stigmatized others are different. As the authors note, even respondents’
positive comments focused on this difference, pointing out, for example, how
424 CHAPTER 11
much a person had to give up to date someone with a disability. In DUllY cases,
the comnlents indicated sympathy for the nondisabled person. Taken together,
these studies suggest that Goffinan’s idea has merit; there are social consequences
for associating with a deviant.
Tokenism
We noted above that being a numerical minority is not, in and of itself, sufficient
to produce stigmatized status. That is, power and status are important cOlnponents
of defining privilege and nonprivilege. This does not mean, however,
that being in the minority produces no negative effects, particularly in certain
situations or settings. That is, one can be in the majority or near majority in a
larger population, but still have stigmatizing experiences from being a minority
within a particular context. Women, for example, are now represented in the
labor force at numbers nearly equal to men. Many, however, still have negative
experiences that result from being in the minority in some environments, such as
[
being the only woman in a particular work group (Yoder, 2002). When individuals
are a statistical minority within a particular setting, they can be treated as
tokens and can be stigmatized because of it. In general, token status occurs when
there is a preponderance of one group over another, such as when one gender or
ethnicity is in the majority and only a few individuals fronl another gender
or ethnicity are represented (Kanter, 1977).
Rosabeth Moss Kanter (1977) pioneered the research on tokenism in her case

-‘stUdY of a multinational Fortune 500 corporation. Kanter highlighted three perceptual
tendencies that affected the daily lives of tokens: visibility, contrast, and
assimilation. Visibility refers to the ,tendency for tokens to get attention or, as she
put it, “capture a larger awareness share” (p. 210). Consider, for example, this vi-
sual field containing a series of 9 XS and ouly 1 0:
XXXXXXXOXX
Notice that your eyes tend to be drawn toward the 0 and not to any individual
X. As we saw in Chapter 3, the perceptual process is similar in social situations;
people’s attention also tends to be drawn to the novel or unique person
rather than to members of the majority group (Fiske & Taylor, 1991). Members
of the minority, or token group, are slll1ply noticed more than are other group
[.
members. Contrast refers to the polarization or exaggeration of differences between
the token and the dominant group. A White person in a group conlprised
‘. only of Whites, for example, might not think much about her or his racial identity.
The presence of a Black person, however, brings race to the forefront, raising awareness
of race for members of the dominant group. Similarly, adding a woman to an
all-male work group can raise awareness of gender issues. Often, both dominant and
[
Oken group members are uncomfortable when this happens. Assimilation occurs
when the token is stereotyped; in particular, the token’s characteristics are distorted
so that she or he fits the expected stereotype. A group of men, then, notice when a
-token woman behaves in a way that confinns their stereotypes about women and
THE EXPERIENCE OF DISCRIMINATION 425
often generalize from that confinnation. However, the same men tend not to notice
when the woman’s behavior does not confonn to their gender stereotypes.
These perceptual tendencies have important consequences for the token,
which Kanter (1977) illustrated with examples from her case study. She found,
for example, that whenever token women did something unusual, it stood out.
As she describes it “[t]hey were the subject of conversation, questioning, gossip,
and careful scrutiny … Their names came up at meetings, and they would easily
be used as examples … [S]01ne women were even told by their managers that
they were watched more closely than the men” (p. 212). This was a doubleedged
sword; their achievements were noticed, but so were their mistakes.
And, their actions were seen as representative of a11 women, not just of
themselves as individuals. Consequently, evel1 small decisions, such as what to
wear to a business meeting, became important. Most people find such situations
difficult to navigate, as the additional examples provided in Box 11.1 illustrate.
Tokens often feel isolated but, at the same time, must go on as if the differences
do not exist and do not affect their work. Solos, or people who are the only
minority member in a majority group, often feel alone and without support
(Benokraitis & Feagin, 1995). As one Black woman wrote, “the responsibility
associated with being the ouly Black female in my college and only one of a
handful in the university, was overwhelming. I have suffered several instances of
burn-out and exhaustion. & a consequence I have learned to maintain a less
visible profile as a coping and survival strategy” (Moses, 1989, p. 15). All told,
the negative effects of being in the minority can create what has been ca11ed the
“chilly climate” (Sandler & Hail, 1986). Tokens do not feel welcome or supported
in their environment and often their work and personal lives suffer
because of it.
Although Kanter (1977) defined token status as simply being in the numerical
minority, more recent work suggests numbers alone do not define token
status. For example, women who pursue nontraditional occupations are more likely
to experience the effects of tokenism than are women in traditional occupations
(Yoder, 2002). A survey of undergraduates, for exanlple, found that women in
male-dominated academic areas, such as math, science, and engineering, reported
higher levels of current sex discrimination than did women in female-dominated
academic areas, such as the arts, education, and social science (see Figure 11.1;
J. Steele, James, & Barnett, 2002). However, men’s perceptions of current sex discrimination
were not affected by their area of study. This pattern also emerged in a
measure of whether sex discrimination was expected in the future; women in maledominated
professions were most likely to hold this expectation and were most
likely to consider changing their major. As we discussed in Chapter 10, men in
female-dominated occupations, such as nursing and social work, rarely have the
same negative experiences as women in male-dominated professions and may even
be on the fast track to promotion (Maume, 1999; WillianlS, 1992), although there
may be exceptions in some settings. For example, Susan Murray (1997) found that
male child-care workers were pushed away from performing tasks that requITe
nurturing and received the clear message that child care was women’s work. These
426 CHAPTER 11
What does happen to the deviate? The deviate
can convert, but short of a sex change operation,
a time machine to age me, and a personality
overhaul, conversion seems out of the question
for me. Be isolated? That originally was all right
with me, but that surely does not make me a team
member. What can I do? Yet, the failure is placed
squarely on my shoulders. “What is wrong with
you?” “Why can’t you get along?” These
questions haunt me, undermining my self-image.
-JAN YODER (1985, p. 67)
It is difficult to document exactly what form a token’s
negative experiences might take. That is, the actual
events that comprise those experiences are very
personalized. Moreover, many of the individual instances
that lead to the isolation and loneliness experienced by
tokens seem harmless on the surface, especially to those
who are not directly living with them. As you read the
personal accounts described in this chapter, they too may
seem harmless. Keep in mind, however, that the research
evidence suggests that, over time, such experiences
affect those in token roles by isolating them from the
dominant group, lowering their self-esteem, and creating
loneliness (Sue et aI., 2007). As a respondent in Paula
Caplan’s (1994) survey of women in academe described,
their cumulative impact is similar to “lifting a ton of
feathers” (p. 9). Over time, their weight ‘IS unbearable.
This weight is illustrated by the opening quote in
this box, which came from Jan Yoder’s (1985) first
person account of being the first female civilian faculty
member at a United States military academy. Her
writings captured her dilemma about howto respond to
her interactions with the military officers who comprised
97 percent of the faculty. As she notes in her account,
no one event seemed overly traumatic. Yet, because of
their cumulative impact, she stayed only six months.
Here are a few of her experiences:
Because she openly questioned the sexism of
some exam questions, she was given a suggestion book
so she could quietly record her objections without
disrupting faculty meetings.
Her department chose to use “Macho Man” as its
theme song, a song few women would choose to
represent themselves.
Gossip about her ranged from “she’s a lesbian” to
“she is heterosexual, but promiscuous.”
Despite her efforts to clarify her position in the
academy, at social gatherings it was widely assumed
that she was the wife of one of the officers.
” ..
…. …. …’ .” :
.’ .•.• … ……….. …. ·<i
Jan Yoder is now a highly successful faculty
member at the University of Akron. Her study of Black
women firefighters (Yoder, 1997) shows how the
experience of being a token can threaten the safety of
both the firefighters and those they are protecting.
One Black woman in her study reported that, in
response to a request for help, she received no
constructive information, but instead was written up
for presumed negligence. A coworker directly told
another Black woman that when there was a fire, she
was not to touch anything, but rather to stay out of
the way. Many of the women reported receiving the
“silent treatment,” with the men literally walking out
of the room when they entered. One reported that,
during her formal testing, she was required to hoist a
hose onto a shelf that suddenly had been raised five
inches above where it was during training.
One of the ways tokens can be made to feel
alienated is through the conversations majority group
members initiate with them. Black managers, for
example, express frustrations with queries that seem to
hold them accountable for other Blacks’ behaviors,
such as “Why do all the Blacks sit together?” and the
relative lack of discussion about business-related topics,
such as how to make the company succeed (Caver &
Livers, 2002). Blacks often feel invisible as well.
Anderson Franklin (2004) describes the experience of a
successful Black manager who took a White business
client out for dinner in New York City. The maitre d’
ignored the Black manager, instead asking the White
client if he had reservations. And, after dinner, the
waiter returned the Black manager’s credit card to the
White client. After dinner, the White client easily
found a cab, but the Black manager was ignored
by cabdrivers for over 15 minutes, even as other
Whites successfully hailed a cab. Echoing the
sent’lments expressed by others ‘In this chapter, at the
individual level, such actions may seem harmless to
dominant group members, but to tokens “[ilt’s the
cumulative effect that wears us down” (Caver & Livers,
2002, p. 78).
Many others have written about these individualized
experiences. Researchers look across such events and,
based on patterns, draw conclusions about the short- and
long-term effects of being a token. On a positive note,
research suggests that when the group composition
changes so that, for example, several women become part
of an otherwise male-dominated group, these negative
experiences dissipate and job satisfaction improves
(Niemann & Dovidio, 1998).
2
1.5
0.5
o
Male dominated
academic area
THE EXPERIENCE OF DISCRIMINATION 427
Female dominated
academic area
II1II Women
Men
FIG U R E 11.1 Perceived Current Sex Discrimination by Gender of Respondent and
Academic Area
Female undergraduates in a male-dominated academic area reported higher levels of sex
discrimination than did female undergraduates in a female-dominated academic area or
male undergraduates in either academic area.
SOURCE: Adapted from Steele, James, and Barnett (2002).
men reported feeling under suspicion, especially

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Vasquez v. SpeakEasy, Inc. and Northern Center of Worship

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Vasquez v. SpeakEasy, Inc. and Northern Center of Worship

Order Description

: Vasquez v. SpeakEasy, Inc. and Northern Center of Worship
Our clients, Greg and Mary Vasquez, filed a complaint seeking to enjoin SpeakEasy,
Inc., a cellular telephone company, from erecting a 50-foot cellular tower on property
owned by Northern Center of Worship adjacent to the Vasquez’ property. We have
agreed to submit resolution of this matter to the judge based on the Stipulated
Statement of Agreed Facts. Please draft the brief supporting our position. You need
not include an additional statement of facts at the beginning of your brief.
9
_________    _________________________    __________________
_ _ _ __ _____ ___
_ ___ _________ ___ _ _ __
MEMORANDUM
To: All Attorneys
From: Executive Committee
Re: Persuasive Briefs and Memoranda
In drafting persuasive briefs, the firm conforms to the following guidelines:
Except when there is already an agreed or stipulated identification of the facts, the brief
should begin with a short statement of facts, using only those facts supported by the
record. Include only those facts you need for your persuasive argument.
The firm follows the practice of writing carefully crafted subject headings which illustrate
the arguments they cover. The argument heading should succinctly summarize the
reasons the tribunal should take the position you are advocating. A heading should be
a specific application of a rule of law to the facts of the case and not a bare legal or
factual conclusion or a statement of an abstract principle. For example, IMPROPER:
COLUMBIA HAS PERSONAL JURISDICTION; PROPER: DEFENDANT’S RADIO
BROADCASTS INTO COLUMBIA CONSTITUTE MINIMUM CONTACTS SUFFICIENT
TO ESTABLISH PERSONAL JURISDICTION. The analysis following each heading
should flow logically from each heading.
The body of each argument should persuasively argue how the facts and law support
our client’s position. Contrary arguments and authority must be acknowledged and
responded to rather than ignored.
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In writing a first draft, the attorney should not prepare a table of contents, a table of
cases, a summary of argument, or an index. These will be prepared, where required,
after the draft is approved.
11
1 Anatoly Krotov, Esq.
2 Law Offices of Anatoly Krotov
3 645 Elvis Way
4 San Claritan, Columbia
5 Attorney for Plaintiff
6
7 Paul McDonald, Esq.
8 McDonald, Carpenter & Dean
9 98 Rebecca Lane
10 Francisco, Columbia
11 Attorneys for Defendants
12
13
14 SUPERIOR COURT OF THE STATE OF COLUMBIA
15 IN AND FOR THE COUNTY OF MICO
16
17
18
19 Greg Vasquez and Mary Vasquez,
20 Plaintiffs,
21 v. Civil Action No. 03281955 DEB
22
23 Northern Center for Worship, STATEMENT OF AGREED
24 a Columbia Nonprofit Corporation, FACTS AND SUBMISSION OF
25 and THE CASE
26 SpeakEasy, Inc.,
27 a Columbia Corporation,
28 Defendants
29 _____________________________________ /
30
31
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1 INTRODUCTION
2 The Complaint filed herein by Plaintiffs on June 27, 2010 seeks a mandatory permanent
3 injunction requiring Defendants to dismantle and demolish a 50-foot bell tower housing
4 a cellular telephone transmission facility constructed on the property of Defendant
5 Northern Center for Worship by Defendant Speakeasy, Inc. (“SpeakEasy”). The
6 Complaint alleges that the tower violates the Covenants, Conditions and Restrictions
7 (“CC&R’s”) limiting and restricting uses of the property within the Pinnacle Canyon
8 Estates Subdivision. Pursuant to the Order of this Court, the parties have entered into
9 this Statement of Agreed Facts and Submission of the Case, and shall each submit
10 supporting briefs, after receipt of which this Court shall issue its decree.
11
12 JOINT STIPULATION OF FACTS
13 Plaintiffs and Defendants agree that:
14 1. Pinnacle Canyon Estates (the “subdivision”) is a residential subdivision of 42
15 lots located in the City of San Claritan, Mico County, Columbia.
16 2. Plaintiffs Greg and Mary Vasquez own and reside in a detached one story
17 single-family dwelling on Lot Two of Pinnacle Canyon Estates.
18 3. SpeakEasy is a Columbia corporation conducting a cellular telephone
19 business in Mico County.
20 4. Northern Center for Worship (the “Church”) is a Columbia nonprofit corporation
21 and is conducting business in Mico County.
22 5. Covenants, Conditions and Restrictions, which limit and restrict uses of the
23 property in the subdivision, are the agreement that is the subject of this litigation. These
24 CC&R’s were executed on December 9, 1960. Selected provisions of the CC&R’s are
25 attached as Exhibit “A.”
26 6. The Church owns and occupies Lots Seven, Eight and Nine of the
27 subdivision.
28 7. The Vasquez’ property, Lot Two of the subdivision, shares a boundary line
29 with the Church’s Lot Seven.
30
13
8. On July 29, 2009, the Church entered into agreement 1 with SpeakEasy for
2 construction of a 50-foot bell tower on Lot Seven that would house a wireless telephone
3 facility. The terms of the agreement were that SpeakEasy would pay all costs for
4 construction of the bell tower and a monthly rental of $1,000 for use of the property.
5 9. On September 27, 2009, a group of neighbors in the subdivision, including the
6 Vasquezes, voiced objections to the construction of the tower. The Church convened a
7 meeting to discuss the matter with the neighbors and advised each objecting neighbor
8 that SpeakEasy had already expended $106,000 on the tower, and that the Church
9 would be obligated to reimburse SpeakEasy for at least that amount were the Church to
10 terminate its agreement with SpeakEasy for the construction of the bell tower. The
11 Church told the neighbors that it had no real choice but to proceed with its agreement
12 and so advised the complaining neighbors.
13 10. On January 27, 2010, the Vasquezes notified the Church and SpeakEasy in
14 writing by letter that construction of the bell tower was in violation of the CC&R’s. From
15 the time of the meeting until the lawsuit was filed, there were no objections or
16 complaints to the tower other than the letter from the Vasquezes.
17 11. On February 13, 2010, Defendant SpeakEasy completed construction of the
18 bell tower housing the wireless telephone facility.
19 12. Prior to construction of the tower in Pinnacle Canyon Estates that is the
20 subject of this lawsuit, the following potential violations of the subdivision’s CC&R’s
21 existed:
22 (a) a two-story barn converted into living quarters;
23 (b) a two-story house addition;
24 (c) two amateur radio towers;
25 (d) a satellite dish on the peak of a house;
26 (e) a flagpole;
27 (f) a previously existing 40-foot bell tower at the Church;
28 (g) a steeple at the Church with a cross on the top, which extends nearly as high
29 as the disputed tower;
30 (h) a flagpole at the Church;
31 (i) a large sign for the Church at the front entrance; and
14
(j) several large, wooden telephone poles and electric lines 1 located throughout
2 the subdivision and between Plaintiffs’ home and the Church.
3 13. Mr. and Mrs. Vasquez purchased their home on Lot Two in 2001 for
4 $114,000. The highest recent sale of a comparable residence in the subdivision was for
5 $360,000. The parties retained separate experts to determine the impact of the
6 disputed tower on the value of Plaintiffs’ property. The experts could not agree.
7 However, they put the range of diminution of value between 0% and 5%.
8 14. On the date Plaintiffs filed their complaint and application for injunction,
9 SpeakEasy had spent the following in resources concerning planning and construction
10 of the bell tower: $106,000 for planning, architecture, and pre-construction permits and
11 $148,000 for all aspects of construction, for a total construction cost of $254,000.
12 15. Demolition and removal of the tower from its present location would cost
13 $50,000.
14 16. Thus the total loss to SpeakEasy should it be required to remove the tower
15 would be $304,000, which is calculated as the $254,000 construction cost plus the
16 $50,000 cost for demolition and removal.
17 17. A church, the present existing sign, and cross on the steeple have occupied
18 Lot Nine for 25 years.
19 18. When Lot Nine was acquired by the Church in 1995, the lot was covered
20 with weeds, the driveways were rough and dusty, and in general the property was in
21 bad repair.
22 19. Over the years the Church has steadily improved their properties, expending
23 more than $4 million. By the time the Plaintiffs acquired their property in the
24 subdivision, the Church had already made substantial additions and improvements to
25 Lots Eight and Nine.
26 20. In 2005 the Church acquired Lot Seven, and shortly thereafter designed and
27 built the sanctuary with the same stucco walls and tile roof and covered porches as the
28 other buildings, so as to blend in with the other buildings on the Church grounds. The
29 Vasquez’ lot had no rear fence, so the Church arranged for erection of a block wall at its
30 own expense. Mr. and Mrs. Vasquez never complained about any of these
31 improvements.
15
21. In the 50 years since the CC&R’s were recorded, 1 no action has ever been
2 filed to enforce any of the provisions thereof.
3 22. No neighbor or lot owner in the subdivision has ever attempted to stop the
4 operation or expansion of the Church or any sign, bell tower, cross or other church5
related structure or improvement on Lots Seven, Eight, or Nine.
6 23. Plaintiffs allege that Defendants’ proposed structure has disturbed, and will
7 continue to disturb, the quiet enjoyment of Plaintiffs’ property.
8
9 SUBMISSION OF THE CASE
10 The parties agree to submit for determination by this Court the following issues:
11 1. Do the CC&R’s prohibit the construction of the disputed tower?
12 2. Has the CC&Rs’ prohibition of the disputed tower, if found to exist, been
13 waived or abandoned?
14 3. Are the Plaintiffs barred from obtaining the injunctive relief sought due to
15 laches?
16 4. Does the balance of hardships dictate that the Plaintiffs’ sought remedy of
17 removal of the tower be denied?
18 Respectfully submitted,
19 Dated: July 27, 2010
20
21 Law Offices of Anatoly Krotov McDonald, Carpenter & Dean
22
23 by: ________    ____ by: ________    _______________________
24 Anatoly Krotov, Esq. Paul McDonald, Esq.
25 Attorney for Plaintiff Attorneys for Defendants
26
27
28
29
30
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EXHIBIT “A”
Selected Provisions of the Declaration of Covenants, Conditions and Restrictions
for Pinnacle Canyon Estates
* * *
General Provisions:
1. All of the lots in Pinnacle Canyon Estates shall be known and described as
residential lots.
2. All structures on the lots shall be of new construction and no building shall be
moved from another location onto any lot. At no time shall house trailers be allowed on
the lots.
3. No garage or other building shall be erected on any of the lots until a dwelling
house shall have been erected.
4. No structure shall be erected, altered, placed or permitted to remain on any of
the lots other than one detached single-family dwelling not to exceed one story in height
and a private garage not to exceed one story in height for not more than three cars, and
a guest or servant quarters for the sole use of actual non-paying guests or actual
servants of the occupants of the main residential building.
* * *
7. No fence or solid wall, other than the wall of the building, shall be more than 6
feet in height, nor any hedge more than 3 feet in height, or closer than 20 feet to front lot
line.
* * *
15. No structure of any kind shall be erected, permitted or maintained on the
easements for utilities as shown on the plat of Pinnacle Canyon Estates.
* * *
Enforcement: Upon the breach of any of the covenants or restrictions herein, anyone
owning land in Pinnacle Canyon Estates may bring a proper action in the proper court to
enjoin or restrain the violation, or to collect damages or other dues on account thereof.
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Anti-waiver Provision: Failure to enforce any of the restrictions, rights, reservations,
limitations and covenants contained herein shall not in any event be construed or held
to be a waiver thereof or consent to any further or succeeding breach or violation
thereof.
Choice Residential District: All deeds shall be given and accepted upon the express
understanding that Pinnacle Canyon Estates has been carefully planned as a Choice
Residential District exclusively, and to assure lot owners in Pinnacle Canyon Estates
that under no pretext will there be an abandonment of the original plan to preserve
Pinnacle Canyon Estates as a Choice Residential District.

1

PLAINTIFF VASQUEZ MEMORANDUM OF LAW SEEKING INJUCTION AGAINST DEFENDANT SPEAKEASY ERECTING CELLULAR TOWER

Plaintiffs Greg Vasquez and Mary Vasquez (“Vasquez”) are residents Pinnacle Canyon Estates. Defendant SpeakEasy Inc, and Northern Center for Worship (“SpeakEasy”) erected a 50-foot cellular tower in violation of the Estate’s Convenants, Conditions and Restrictions (CC&R). Vasquez’s lot is next to the cellular tower. Vasquez respectfully asks the court to enjoin SpeakEasy from erecting the cellular tower.
ARGUMENT
The CC&Rs are a form of express contract between property owners as a whole and each individual property owner. Columbia law permits restrictive covenants, to the extent that they are unambiguous and enforcement not adverse to public policy (Horton v. Mitchell). The CC&R is clear and enforcement of it against defendants is not adverse to public policy.
I.    THE CC&R PROHIBIT THE CONSTRUCTION OF THE DISPUTED TOWER.

The CC&R must be read in its entirety to determine the parties’ intent, provision will be construed to harmonize the agreement and not render any terms ineffective (Horton v. Mitchell). The CC&R states “no structure shall be… permitted to remain on any lots other than one detached single-family dwelling not to exceed one story in height…” It further states “…Pinnacle Canyon Estates has been carefully planned as a Choice Residential District exclusively…”  (Exhibit “A”)
In Horton, structure was read broadly to include a roadway. In spite of the requirement that court resolving ambiguities and doubts in favor of free use of property, the Supreme Court in Horton reversed the trial court’s dismissal. The Supreme Court found that the roadway was a structure described in the CC&R and the estate being identified as a Choice Residential District precludes building any structure that negatively impact the character of the neighborhood. Similarly, the cellular tower would be unambiguously considered a structure by the clear reading of the CC&R. It is agreed by the parties that the cellular tower is 50-feet and exceeds one story in height. Furthermore, Pinnacle Canyon Estates is similarly a Choice Residential District and the structure of a 50-foot cellular tower would negatively impacts the character of the neighborhood. SpeakEasy violated the expressed provision of the agreed upon CC&R when it constructed the cellular tower.
II.    THE CC&RS’ PROHIBITION OF THE DISPUTED TOWER WAS NOT WAIVED OR ABANDONED.
The defense of waiver prevents restrictions from being enforced if they are not universally enforced or there are frequent violations of the restrictions. Factors taken into account include the location of present and prior nonconforming uses, similarity of prior nonconforming uses, and the frequency of prior nonconforming use (Blaire v. Evans).
In Blaire, defendant sought to build another two-car garage in violation of a CC&R provision. Defendant sought the defense of waiver by acquiescence. The Supreme Court affirmed the finding that all factors were sufficient to find for a waiver, but a non-waiver provision was held effective because the CC&R was, in whole, not abandoned.
Since there was previous construction of a steeple and a sign, the factors might indicate that a defense of waiver is possible. However, like Blaire, the CC&R contains an anti-waiver provision (Exhibit “A”). There has been no evidence of an abandonment of the CC&R and the court should find that the anti-waiver provision is effective, and the prohibition of the tower is not abandoned or waived.
III.    PLAINTIFFS NOT BARRED FROM RELIEF DUE TO LACHES.

Laches bars the remedy of an offense if there has been unreasonable delay in bringing the action. In Lutz, the Court of Appeals affirmed the Superior Court’s directed removal of a warehouse building in violation of CC&R. Defendant argues that plaintiff is precluded from relief due to laches. The court found that the plaintiff is not required to seek injunctive relief prior to a CC&R violation, or file a lawsuit as the very first course of action. Since the defendant knew about the restrictive covenant, the defendant should have determined its enforceability.
In this case, on July 2009, SpeakEasy entered into an agreement with the Church and a mere two months later, the neighbors including Vasquez voiced objections to the construction. On January 2010, Vasquez notified SpeakEasy that the construction of the tower would violate the CC&R and filed suit on June 2010. The time from the initial agreement to the lawsuit is just one year, given the research and time taken to attain representation, it is a substantially short time. Furthermore, Vasquez informed SpeakEasy of construction issues within two months and six months after the agreement was entered into. As in Lutz, Vasquez was not required to file a lawsuit as a first course of action and prudently tried to settle out of court to persuade SpeakEasy to cease construction.
Finally, similar to Lutz, SpeakEasy understood that to proceed with the construction of the cellular tower would potentially violate the CC&R. SpeakEasy acted at his own peril without first obtaining a resolution of the potential violation and completed the construction of the tower. The equitable relief of laches should not be given to SpeakEasy since Vasquez did not delay unreasonably and SpeakEasy acted imprudently.
IV.    BALANCE OF HARDSHIP DOES NOT PRECLUDE PLAINTIFF’S SOUGHT REMEDY TO REMOVE THE TOWER.

The defense of balance of hardship must find that the defendant did not willfully or intentionally act, that the act did not cause irreparable harm, and the hardship be clearly and greatly disproportionate to the harm as proven by the defendant (Piedmont Valley Homes Association v. Walter). Courts must resolve defense of balance of hardship in favor of plaintiff.
In Piedmont Valley Homes Association, the Supreme Court reversed the decision of the trial court and found that the balance of hardship precluded plaintiff’s remedy to remove a breakfast nook and deck. The Supreme Court found that through the length of time of encroachment, the non-intentional act of the defendant, and the lack of apparent harm, the balance of hardship precludes relief. In Lutz, the defendant asserted a balance of hardship defense but was denied by the trial court (and affirmed by the Court of Appeals) because the defendant acted intentionally.
In this case, SpeakEasy knew about the potential violation of the CC&R, but continued the construction of the tower. This is similar to Lutz, the defendant has already partially constructed the warehouse in violation of the CC&R but opted to complete the construction to ‘salvage the situation’. SpeakEasy might similarly assert so because it is only a month away from completion, but the court should find that argument non-compelling, and find that the act was intentional.
The construction of the tower did cause irreparable harm. Although some experts found that there was no diminution in value due to the tower, other experts found a 5% decrease in value. If the courts would resolve the defense of hardship in favor of the plaintiff, it would find that there is at least some irreparable harm caused by the tower. Even though the cost of the injunction amounts to $304,000, the simple economic comparison of numbers is not applicable for the balance test, and the innocent plaintiff should not bear the cost of the defendant’s intentional actions.
Finally, unlike Piedmont Valley Homes Association, the length of time was a mere six months, not 16 years and unlike the City, Vasquez would suffer irreparable harm from the permanent structure adjacent to his lot as evidenced by the expert testimony and the admission by defendants that the structure disturbs the quiet enjoyment of Vasquez’s property.
CONCLUSION
In light of the foregoing, the plaintiff seeks the injunction of the construction of the tower adjacent to his residential property

2

PLAINTIFF VAZQUEZ’ BRIEF SUPPORTING INJUNCTION
Plaintiffs Greg and Mary Vasquez are entitled to a mandatory permanent injunction requiring Defendants to dismantle and demolish a 50-foot bell tower housing a cellular telephone transmission facility constructed on the property of Defendant Northern Center for Worship by Defendant Speakeasy, Inc. (SpeakEasy).  The tower violates the Covenants, Conditions and restrictions (CC&Rs) limiting and restricting uses of the property within the Pinnacle Canyon Estates Subdivision and the Defendant was constructively and actually aware of the violation and continued construction at their own peril.  Therefore, the court should approve Plaintiff’s Vasquez motion to enjoin SpeakEasy, Inc., a cellular telephone company, from erecting a 50-foot cellular tower on property owned by Northern Center of Worship adjacent to the Vasquez’ property.
FACTS
See stipulated facts attached.
ARGUMENT
Columbia law permits restrictive covenants so long as enforcement is not adverse to public policy.  Here Defendants are intentional violators of CC&Rs and will attempt to rely on Waiver by Acquiescence, Non-Waiver of Provision, Abandonment, Fundamental Change to the Neighborhood, Laches, and/or the contention of relative hardship.
I.    JUDGEMENT FOR A MANDATORY PERMANENT INJUCTION IS APPROPRIATE BECAUSE THERE WAS NO WAIVER BY ACQUIESCENCE.

Waiver by Acquiescence occurs when restrictions sought to be enforced are not universally enforced or when there are frequent violations of the restrictions.

a.    In Columbia three factors are significant to the analysis of Waiver by Acquiescence: 1) the location of the objecting landowners relative to both the property upon which the nonconforming use is sought to be enjoined and the property upon which a nonconforming use has been allowed, 2) the similarity of the prior nonconforming use to the nonconforming use sought to be enjoined, and 3) the frequency of prior nonconforming uses (Blaire v. Evans Columbia Supreme Court (1999)).
i.    There Evans sought to build an additional detached private garage based on waiver by acquiescence, which the court allowed.  The Blaire’s were found to have acquiesced because 1) the objecting landowners were  found to be in close proximity of 2) numerous structures similar to the nonconforming use sought to be enjoined, and 3) the high frequency of prior nonconforming structures suggests acquiescence.
ii.    Here waiver by acquiescence does not apply because the Vasquez’ 1) are not in close proximity of 2) numerous structures similar to the nonconforming 50-foot Bell Tower housing a cellular telephone transmission facility, and 3) there are no other prior nonconforming Bell Towers housing a cellular telephone transmission facilities.
iii.    Therefore a mandatory permanent injunction is appropriate because there are no other nonconforming 50-foot Bell Tower housing a cellular telephone transmission facility in the neighborhood that could be construed as having been acquiesced to.

b.    In Columbia failure to sue for prior breaches by others where the breaches were non-injurious to the complainant cannot be treated as an acquiescence sufficient to bar equitable relief against a more serious and damaging violation.   (Blaire v. Evans Columbia Supreme Court (1999)).
i.    There Blaire was allowed to request relief because Blaire argued that other uncontested breaches had not injured Blaire.
ii.    Here though there have been numerous breaches to CC&Rs in the Vasquez’ neighborhood (Pinnacle Canyon Estates) the breaches were not injurious to Vasquez because of the location of the nonconforming   structures and the nature of the nonconforming structures.  The previous nonconforming structures were primarily second stories to homes, a flagpole, a satellite dish on a home, and additions, which a reasonable person would expect to find in a “Choice Residential District.”   Though the church, steeple, sign and church bell tower are non-conforming and adjacent to the Vazquez’ lot, these structures would be considered normal in a “Choice Residential District,” by most reasonable people.
iii.    Therefore a mandatory permanent injunction is appropriate because prior breaches in Vasquez’ neighborhood were not injurious to Vasquez and were of a nature one would expect in a “Choice Residential District.”

II.    JUDGEMENT FOR A MANDATORY PERMANENT INJUCTION IS APPROPRIATE BECAUSE THE CC&R FOR PINNACLE HAS AN ANTI-WAIVER PROVISION.

An Anti-Waiver provision indicates that prior failure to enforce restrictions and covenants shall not be construed to be a waiver or consent to succeeding breaches.

a.    In Columbia even if residents fail to enforce CC&Rs it does not preclude future enforcement of CC&Rs (Blaire v. Evans Columbia Supreme Court (1999)).
i.    There even if there was acquiescence, the court found the Blares were still entitled to enforce CC&Rs because of the non-waiver provision.   The court stated the non-waiver clause allows prospective purchasers to rely on recorded CC&Rs.  And went on to say “so long as the waiver clause is unambiguous and not adverse to public policy, it can be enforced.”
ii.    Here the Vasquez’ neighborhood has an anti-waiver provision that applies because thought there were prior breaches to the CC&Rs, the Vasquez’ are objecting to a new nonconforming structure.
iii.    Therefore a mandatory permanent injunction is appropriate because the 50-foot Bell Tower housing a cellular telephone transmission facility is a new nonconforming structure that the neighbors objected to in a timely manner.

III.    JUDGEMENT FOR A MANDATORY PERMANENT INJUCTION IS APPROPRIATE BECAUSE ABANDONMENT HAS NOT OCCURED.
Abandonment is a complete disregard of the entire set of CC&Rs and would make the non-waiver provision ineffective.
a.    In Columbia the test for abandonment of deed restrictions, is the restrictions have been so completely disregarded as to cause a 1) change in the area, 2) destroy the effectiveness of the CC&Rs, and 3) defeat the purposes for which they were imposed and amounting to abandonment.  (Blaire v. Evans Columbia Supreme Court (1999)).
i.    There, evidence was not provided to support abandonment because there was no evidence presented to show the fundamental character of the neighborhood had changed or that the neighborhood was no longer a “Choice Residential District.”
ii.    Here there has been no abandonment because the Pinnacle neighborhood would still be found to be a “Choice Residential District.” A church in a good neighborhood would be reasonable to most people, but a 50-foot Bell Tower housing a cellular telephone transmission facility would not.
iii.    Therefore a mandatory permanent injunction is appropriate because the CC&Rs are still enforce and there has been no abandonment.

IV.    JUDGEMENT FOR A MANDATORY PERMANENT INJUCTION IS APPROPRIATE BECAUSE THERE WAS NO FUNDAMENTAL CHANGE TO THE NEIGBORHOOD.

Fundamental Change to the Neighborhood is a rapid and radical change in the character of the neighborhood adjacent to the restricted property to preclude the homeowners from enforcing the restrictive covenant.

a.    In Columbia a fundamental change to the neighborhood could justify the building of nonconforming structures.  (Lutz v. Gundersen Columbia Court of Appeals (2000))
i.    There Gundersen built a ware house in a neighborhood and claimed fundamental change to the neighborhood because areas around the neighborhood had change to business (bowling alley, mini-golf).
ii.    Here there is no indication of a fundamental change to the neighborhood because there is no evidence in the stipulated facts to suggest a change in he neighborhood to support a 50-foot Bell Tower housing a cellular telephone transmission facility.
iii.    Therefore a mandatory permanent injunction is appropriate because it is still a Choice neighborhood.

V.    JUDGEMENT FOR A MANDATORY PERMANENT INJUCTION IS APPROPRIATE BECAUSE LACHES DOES NOT APPLY.
Laches is a relief for a defendant when a plaintiff is aware of an issue, but does not complain or seek relief until after construction is complete.

a.    In Columbia laches could be argued to allow a defendant to violate CC&Rs (Lutz v. Gundersen Columbia Court of Appeals (2000)).
i.    There…. Because
ii.    Here….because
iii.    Therefore a mandatory permanent injunction is appropriate.

VI.    JUDGEMENT FOR A MANDATORY PERMANENT INJUCTION IS APPROPRIATE BECAUSE OF A BALANCING OF HARDSHIPSS.

In Balancing of Hardships the court has the discretion to weigh the problems caused and deny injunction to remove a building even in the absence of an affirmative defense.

a.    In Columbia (Piedmont Valley Homes Association v. Walter Columbia Supreme Court (2002)).
i.    There…. Because
ii.    Here….because
iii.    Therefore a mandatory permanent injunction is appropriate.

b.    In Columbia (Horton v. Mitchell Walter Columbia Supreme Court (2004)).
i.    There…. Because
ii.    Here….because
iii.    Therefore a mandatory permanent injunction is appropriate.
CONCLUSION
Plaintiffs Greg and Mary Vasquez are entitled to a mandatory permanent injunction requiring Defendants to dismantle and demolish a 50-foot bell tower housing a cellular telephone transmission facility constructed on the property of Defendants.

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