Case 3:12-cv-08123-HRH Document 618 Filed 06/17/15 Page 22 of 38
i. Refusing to negotiate for the sale of housing, denying
housing, or otherwise making housing unavailable
because of religion, in violation of 42 U.S.C. § 3604(a);
ii. Discriminating in the terms, conditions, or privileges of
rental of a dwelling because of religion, in violation of
42 U.S.C. § 3604(b); and
iii. Coercing, intimidating, threatening, or interfering with
a person in the exercise or enjoyment of, or on account
of his having exercised or enjoyed, or on account of his
having aided or encouraged any other person in the
exercise or enjoyment of, a right granted or protected by
Section 804 of the Fair Housing Act, in violation of 42
U.S.C. § 3617[.]
35
In the Cooke case, the court enjoined defendants, for a period of ten years, from
(1) discriminat[ing] because of religion against any person in
the terms, conditions, or privileges of the provision of services
or facilities in connection with the sale or rental of a dwelling;
or (2) coerc[ing], intimidat[ing], threaten[ing], interfer[ing]
with, or retaliat[ing] against any person in the enjoyment of his
or her dwelling because of religion or because that person has
asserted rights, or encouraged others to assert their rights,
protected by the federal Fair Housing Act or the Arizona Fair
Housing Act.[
36
]
The Hildale defendants argue that because the Cooke injunction is not limited to
preventing discrimination against the specific parties involved in Cooke but rather
precludes discrimination against “any person”, the Cooke injunction provides the same
35
Complaint at 17-18, Docket No. 1.
36
Amended Judgment and Permanent Injunction at 2, ¶ 7, Case No. 10-cv-8105-PCT-
JAT, Exhibit A, Hildale Defendants’ Separate Statement of Facts [etc.], Docket No. 549.
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