Full opinion text
MEMORANDUM OPINION BATTISTI, Chief Judge. On April 27, 1973, the Civil Rights Division of the Department of Justice filed a complaint in this Court, alleging that the City of Parma has engaged in a pattern and practice of racial discrimination in housing in violation of The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, 42 U.S.C. § 3601 et seq., and furthermore has denied rights granted by the Act to groups of persons. The government’s contention is that Par-ma, the largest suburb of Cleveland, with a population of more than 100,000, has had, and continues to follow, a long standing policy of excluding blacks from taking up residence in any substantial numbers. The government contends that this policy was manifested in a series of actions by officials of the City of Parma which were done with the purpose and had the effect of perpetuating Parma’s virtually all-white character. Stark statistics show that Parma is well over 99.5% white while adjacent Cleveland has a 38% minority population. The government’s evidence focuses on five series of actions taken by Parma officials between 1968 and 1975, all of which are claimed to have inhibited or prevented blacks from moving into Parma and thereby implemented a policy of racial exclusion. The challenged actions include: 1) Parma’s refusal to enact a fair housing resolution which would have welcomed “all persons of goodwill” as residents; 2) Parma’s consistent opposition to all forms of public and low-income housing; 3) Parma’s rejection of a federally-subsidized low-income housing development; 4) Parma’s refusal to submit an adequate housing assistance plan in connection with its application for Community Development Block Grant funds; and 5) Parma’s passage and application of four land-use ordinances which impose height, parking and voter-approval limitations on housing developments, with the purpose and effect of severely restricting low-income housing opportunities in the City. These actions, individually and collectively, are alleged to have been taken with the purpose and the effect of perpetuating a segregated community. Parma denies that its conduct had the purpose or effect of discriminating against blacks. The City’s basic defense is that its virtually all-white character is the natural outcome of free choice in the housing market. The City claims that the marked absence of blacks is the result of choice influenced by associational preferences, historical and economic factors, and is not the result of discrimination in housing. The challenged actions are defended by the City on the ground that they advance legitimate municipal interests and are within the discretion normally afforded to the community The issues of racially discriminatory motivation, racially discriminatory effect, and Fair Housing Act violations depend on the evaluation of often merged legal and factual questions. The findings which follow are made from a review of all evidence and applicable law, including judicial notice of certain historical facts found in earlier court decisions or in sources whose accuracy cannot reasonably be questioned. See Rule 201(b), Fed.R.Evid. For organizational purposes, the findings are grouped into four, major areas: I. Legal Standards for Determining Violations of the Fair Housing Act; II. Racial Housing Discrimination in the Cleveland Metropolitan Area, and Par-ma; III. Parma’s Racially Exclusionary Policies and Practices; and IV. Violations of the Fair Housing Act. These findings follow a trial on the issue of liability at which twenty witnesses testified and the depositions of eleven witnesses and over 250 exhibits were admitted into evidence. The remedy issue was pretermitted for a subsequent proceeding if liability were found. I. LEGAL STANDARDS FOR DETERMINING VIOLATIONS OF THE FAIR HOUSING ACT The Fair Housing Act was enacted by Congress in 1968. Pub.L. No. 90-284, Title VIII, 82 Stat. 81 (codified at 42 U.S.C. §§ 3601 to 3631). Its purpose is “to provide, within constitutional limitations, for fair housing throughout the United States.” 42 U.S.C. § 3601. Enacted pursuant to congressional power under the Thirteenth Amendment, the Act implements a policy of the highest priority—the replacement of ghettos with truly integrated living patterns. Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205, 211, 93 S.Ct. 364, 367, 34 L.Ed.2d 415 (1972). As the Supreme Court has noted, “ . . when racial discrimination herds men into ghettos and makes their ability to buy property turn on the color of their skin, then it too is a relic of slavery.” Jones v. Mayer Co., 392 U.S. 409, 442-443, 88 S.Ct. 2186, 2205, 20 L.Ed.2d 1189 (1968). Like Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Fair Housing Act was enacted to ensure the removal of artificial, arbitrary, and unnecessary barriers when the barriers operate invidiously to discriminate on the basis of impermissible characteristics. United States v. City of Black Jack, 508 F.2d 1179 (8th Cir. 1974), cert. denied, 422 U.S. 1042, 95 S.Ct. 2656, 45 L.Ed.2d 694 (1975); cf. Griggs v. Duke Power Co., 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971). Congress designed it to prohibit “all forms of discrimination, sophisticated as well as simpleminded.” Williams v. Matthews Co., 499 F.2d 819, 826 (8th Cir. 1974). The Act, therefore, is to be construed generously to ensure the prompt and effective elimination of all traces of discrimination within the housing field. Trafficante v. Metropolitan Life Ins. Co., supra 409 U.S. at 211-212, 93 S.Ct. at 367-368; see also Gladstone Realtors v. Village of Bellwood, 441 U.S. 91, 99 S.Ct. 1601, 60 L.Ed.2d 66 (1979); Marr v. Rife, 503 F.2d 735 (6th Cir. 1974). Section 804(a) of the Fair Housing Act prohibits all practices which make unavailable or deny housing to persons because of race, color, religion, sex or national origin. This broadly drafted section reaches every practice which has the effect of making housing more difficult to obtain on prohibited grounds. United States v. City of Parma, 1 EOHC § 13,616 (N.D.Ohio 1973); United States v. Youritan Constr. Corp., 370 F.Supp. 643 (N.D.Calif.1973), aff’d in relevant part, 509 F.2d 623 (9th Cir. 1975); Zuch v. Hussey, 394 F.Supp. 1028 (E.D. Mich.1975), aff’d in relevant part, 547 F.2d 1168 (6th Cir. 1977) (racial steering); Laufman v. Oakley Bldg. & Loan Co., 408 F.Supp. 489 (S.D.Ohio 1976) (mortgage redlining); Dunn v. Midwestern Indemnity Co., 472 F.Supp. 1106 (S.D.Ohio 1979) (insurance red-lining); United States v. American Institute of Real Estate Appraisers, 442 F.Supp. 1072 (N.D.Ill.1977), appeal dismissed, 590 F.2d 242 (7th Cir. 1978) (discriminatory practices of appraisers). Even the discretion normally accorded to local zoning officials, see Village of Belle Terre v. Boraas, 416 U.S. 1, 94 S.Ct. 1536, 39 L.Ed.2d 797 (1974), is to be curbed where “the clear result of such discretion is the separation of low-income Blacks from all White neighborhoods.” Banks v. Perk, 341 F.Supp. 1175,1180 (N.D.Ohio 1972), aff’d in part and rev’d in part without opinion, 473 F.2d 910 (6th Cir. 1973). Thus, municipal land use practices which make housing unavailable on a prohibited basis violate the Fair Housing Act. United States v. City of Parma, supra; Accord, e. g., Metropolitan Housing Development Corp. v. Village of Arlington Heights, 558 F.2d 1283 (7th Cir. 1977), cert. denied, 434 U.S. 1025, 98 S.Ct. 752, 54 L.Ed.2d 772 (1978) (Arlington Heights II); Resident Advisory Board v. Rizzo, 564 F.2d 126 (3rd Cir. 1977), cert. denied, 435 U.S. 908, 98 S.Ct. 1457, 55 L.Ed.2d 499 (1978); United States v. City of Black Jack, supra. Violations of the Fair Housing Act can be established under two different theories. First, policies and practices which are motivated by racial discrimination violate the Act. See, e. g., United States v. West Peachtree Tenth Corp., 437 F.2d 221 (5th Cir. 1971); United States v. Northside Realty Associates, 474 F.2d 1164 (5th Cir. 1973), cert. denied, 424 U.S. 977, 96 S.Ct. 1483, 47 L.Ed.2d 747 (1976). Second, policies and practices may violate the Act if there is a showing of a racially discriminatory effect, even absent evidence of a racially discriminatory motive. United States v. City of Parma, 471 F.Supp. 453 (N.D.Ohio 1979); Arlington Heights II, supra; Resident Advisory Board v. Rizzo, supra; United States v. City of Black Jack, supra; Robinson v. 12 Lofts Realty, Inc., 610 F.2d 1032 (2d Cir. 1979); Bishop v. Pecsok, 431 F.Supp. 34 (N.D.Ohio 1976). Standards covering the scope and nature of the evidence needed to prove a violation under the first theory—racially discriminatory intent—have evolved not only in Fair Housing Act litigation, but also in cases involving alleged violations of the Equal Protection Clause. See, e. g., Washington v. Davis, 426 U.S. 229, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976); Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977) (Arlington Heights I); Columbus Board of Education v. Penick, 443 U.S. 449, 99 S.Ct. 2941, 61 L.Ed.2d 666 (1979). It is clear that the determination of “whether invidious discriminatory purpose was a motivating factor demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available.” Arlington Heights I, supra 429 U.S. at 266, 97 S.Ct. at 564. To find racial intent, a court must evaluate evidence derived from consideration of numerous factors, including: (1) the discriminatory impact of the policy or practice; (2) the historical backgrounds; (3) the “sequence of events leading up to the challenged decisions”; (4) departures from “normal procedural sequences”; (5) departures from normal substantive criteria; and (6) legislative or administrative history of the challenged decisions. Id. at 265, 97 S.Ct. at 563; Resident Advisory Board v. Rizzo, supra at 143. In addition, a court can consider whether a defendant adhered to a policy with full knowledge of its predictable segregative effects. Columbus Board of Education v. Penick, supra 99 S.Ct. at 2950; see Dayton Board of Education v. Brinkman, 443 U.S. 526, 99 S.Ct. 2971, 2978 n.9, 61 L.Ed.2d 720 (1979); Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256, 99 S.Ct. 2282, 2296 n.25, 60 L.Ed.2d 870 (1979). Obviously, very persuasive evidence of racial intent can be found in the statements by decision-makers or their agents attesting to a policy of discrimination. See, e. g., Arlington Heights I, supra 429 U.S. at 268, 97 S.Ct. at 565; Resident Advisory Board v. Rizzo, supra at 144; United States v. Reddoch, 1 EOHC §-113,569 (S.D.Ala. 1972), aff’d, 467 F.2d 897 (5th Cir. 1972). But a finding of intent cannot be limited to instances where decision-makers articulate overtly bigoted opinions. Such would reward subtlety and camouflage at the expense of uncovering the underlying motivation. Even though the overt public expression of bigotry has become unfashionable, see Arlington Heights II, supra at 1289-1290, racial intent still can be shown by a series of decisions all of which have had a segregative effect and result in a cumulation of disadvantage inexplicable on grounds other than an invidious but unstated basis. See Yick Wo v. Hopkins, 118 U.S. 356, 6 S.Ct. 1064, 30 L.Ed. 220 (1886). To prove a violation of the Fair Housing Act under the “intent” standard which has emerged, it is not necessary that race be the sole or dominant motive behind the formulation and maintenance of policies and resulting actions. See Arlington Heights I, supra. The Fair Housing Act is violated if race was one of the motivating factors behind challenged conduct. Robinson v. 12 Lofts Realty, Inc., supra at 1042; United States v. Pelzer Realty Co., 484 F.2d 438, 443 (5th Cir. 1973), cert. denied, 416 U.S. 936, 94 S.Ct. 1935, 40 L.Ed.2d 286 (1974). Smith v. Sol D. Adler Realty Co., 436 F.2d 344, 349-350 (7th Cir. 1971). The rationale for not permitting race to be a “secondary” motivation has special force in the public sector. Political decisions inevitably involve the consideration and balancing of numerous competing interests. Indeed, it is the pyramiding of interests which often permits the forging of consensus. Many decisions would not be made, and actions not undertaken, if a particular motivation were absent. Permitting racial discrimination to be a “secondary” motivation would significantly raise the likelihood that decisions would be reached and actions undertaken on an impermissible basis. Violations of the Fair Housing Act also can be established under the second theory of racially discriminatory effect. There is nothing in the language of Section 804(a), which prohibits any practice that makes unavailable or denies a dwelling to any person because of race, that requires proof of intent. The “because of race” terminology of Section 804(a) is analogous to that used in Section 703(a) of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a) (Title VII), which prohibits employment practices which have discriminatory effects. See Griggs v. Duke Power Co., supra; cf. Board of Education of New York v. Harris, 444 U.S. 130, 100 S.Ct. 363, 62 L.Ed.2d 275 (1979) (effects standard applied under Emergency School Aid Act, 20 U.S.C. § 1601 et seq.). The practical effect of decisions and actions constitutes an appropriate standard under the Fair Housing Act because “the arbitrary quality of thoughtlessness can be as disastrous and unfair to private rights and the public interest as the perversity of a willful scheme”. Hobson v. Hansen, 269 F.Supp. 401, 497 (D.D.C.1967), aff’d sub nom. Smuck v. Hobson, 408 F.2d 175 (D.C.Cir.1969) (en banc). Congress employed broad language in Section 804(a) of the Fair Housing Act in order to ensure that the Act’s purpose of providing for fair housing throughout the country would be achieved. To sanction conduct which perpetuates and reinforces discrimination in the housing market, absent some convincing justification, would nullify the congressional goal and thwart the strong national commitment to integrated housing. Courts which have considered the “racially discriminatory effects” standard under the Fair Housing Act have not been uniform in defining what proof is required to establish a violation. Compare Arlington Heights II, supra, with Resident Advisory Board v. Rizzo, supra. Certainly a prima facie case requires proof that challenged policies and actions have a discriminatory effect. However, that alone may not always be sufficient to prove a violation. See Arlington Heights II, supra at 1290. A court must be sensitive to at least four other “crucial” factors: 1) the strength of the showing of discriminatory effect; 2) evidence of discriminatory intent; 3) the defendant’s interest in taking action complained of; and 4) the nature of the remedy sought. Id. To rebut the prima facie case of segregative effect, the defendant must prove that its conduct is justified in theory and practice by a legitimate bona fide interest. Also, “the defendant must show that no alternative course of action could be adopted that would enable that interest to be served with less discriminatory impact.” Resident Advisory Board v. Rizzo, supra at 149. The government asserts that Parma has violated Sections 804(a) and 817 of the Fair Housing Act under both the “intent” standard and the “effects” standard. Because the government contends that Parma has adhered to a general policy of racial discrimination, the Court must consider the evidence as a whole, as well as in its component parts. The character and effect of a general policy is to be judged in its entirety, and not by dismembering it as if it consisted of unrelated parts. See Continental Ore Co. v. Union Carbide & Carbon Co., 370 U.S. 690, 699, 82 S.Ct. 1404, 1410, 8 L.Ed.2d 777 (1964); Keyes v. School District No. 1, 413 U.S. 189, 93 S.Ct. 2686, 37 L.Ed.2d 548 (1973) ; Davis v. School District of Pontiac, 443 F.2d 573, 576 (6th Cir. 1971), cert. denied, 404 U.S. 913, 92 S.Ct. 233, 30 L.Ed.2d 186 (1971); Detroit Police Officers’ Ass’n v. Young, 608 F.2d 671 (6th Cir. 1979). Even intrinsically lawful acts may lose that character when they are constituent elements of an unlawful scheme. Continental Ore Co. v. Union Carbide & Carbon Co., supra 370 U.S. at 707, 82 S.Ct. at 1414. II. RACIAL HOUSING SEGREGATION IN THE CLEVELAND METROPOLITAN AREA AND PARMA An extreme condition of racial segregation exists in the Cleveland metropolitan area. See, e. g., this Court’s earlier findings in Mahaley v. Cuyahoga Metropolitan Housing Authority, 355 F.Supp. 1257, 1259-60 (N.D.Ohio 1973), rev’d on other grounds, 500 F.2d 1087 (6th Cir. 1974), cert. denied, 419 U.S. 1108, 95 S.Ct. 781, 42 L.Ed.2d 805 (1974) , and Banks v. Perk, 341 F.Supp. 1175, 1178 (N.D.Ohio 1972), aff’d in part, rev’d ip part on other grounds, 473 F.2d 910 (6th Cir. 1973). As this Court has found previously, “Cuyahoga County has the racial shape of a donut, with the Negroes in the hole and with mostly Whites occupying the ring.” Mahaley, supra at 1260. The “hole” referred to is the City of Cleveland; the ring is the surrounding suburbs. According to the 1970 census, 2,064,194 persons lived in the Cleveland Standard Metropolitan Statistical Area, (“SMSA”) of whom 332,614 were black (Gov. Ex. 7). The City of Cleveland itself had 750,903 residents, of whom 287,841 were black (id). Thus, almost 90% of the blacks in the metropolitan area lived inside of Cleveland. These blacks residing within Cleveland were not dispersed generally. Rather they were concentrated on the east side of Cleveland (i. e. the area east of the Cuyahoga River) (Tr. 405). The relatively small number of blacks who had moved to the suburbs were themselves concentrated in two of the eastern suburbs. The western suburbs were almost entirely white. An examination of 1970 census tracts also highlights the extreme degree of racial segregation in the Cleveland area. Blacks accounted for 16.1% of the Cleveland SMSA population (332,614 of 2,064,194). However, of the 440 census tracts in the Cleveland SMSA, 61 were over 80% black and 313 were over 95% white (Gov. Ex. 29). The predominantly black census tracts are all located on the east side of Cleveland (see census tract map in Gov. Ex. 107). There is no post-1970 census data yet available, but the experts who testified at trial agree that this pattern of racial segregation has not changed substantially. Blacks continue to be concentrated primarily on the east side of Cleveland. While there has been an increased migration of blacks into some of the eastern suburbs, there has been little movement of blacks to the west side of Cleveland and almost none to the western suburbs (Tr. 153, 927). Parma is the largest of Cleveland’s suburbs and is located to the south of Cleveland’s west side. It is a heavily working-class community with 37.6% of its employed residents being blue collar workers (see table 1 in Gov. Ex. 107). Parma’s median family income and residential home value are slightly above the average for the Greater Cleveland area (id.). About 19% of Parma’s residents live in apartments (Gov. Ex. 25). Parma is also virtually all-white. In 1970, Parma had 100,216 residents, of whom only 50 were black (Gov. Ex. 7). Throughout its development and growth, very few blacks have lived in Parma, as is shown in the following table (Gov. Ex. 3, 4, 5, 6 and 7): Year Population of Number of Black Parma Residents 1930 13,890 4 1940 16,365 2 1950 28,897 17 1960 82,845 132 1970 100,216 50 This has occurred even though there was a pronounced increase in the numbers of blacks living in the Cleveland metropolitan area between 1930 and 1970. As the preceding table indicates, Parma developed basically after the Second World War with its population more than tripling between 1950 and 1970. After World War II, many people who had lived in both the east and west sides of Cleveland moved to Parma and other Cleveland suburbs (Tr. 158, 711, 952). They took advantage of the low down-payment and mortgage policies of the Veterans Administration (VA) and the Federal Housing Administration (FHA) (Tr. 950-952), and found jobs as many employers left Cleveland for Parma and other suburbs (Gov. Ex. 23; Tr. 946-948). Although the growth of Parma has slowed in recent years, people continue to move there from the east and west sides of Cleveland (Gov. Ex. 28). There is no accurate data available on the present racial composition of Parma. The Mayor of Parma, John Petruska, testified that he believed that Parma’s total population has increased since 1970, and that there are now over 100 black families living in Parma (Tr. 1361). The Mayor’s estimate of the number of black families may be exaggerated as there are only 36 black students in the Parma School District (Gov. Ex. 2), which includes the cities of Parma, Parma Heights and Seven Hills (Tr. 92). However, even if the Mayor’s estimate is correct, the black population in Parma would still be well below 1%. Significantly, there are many more blacks who work in the Parma area than who live there. In 1977, large employers in the Parma area filing reports with the Equal Employment Opportunity Commission employed 1323 blacks, which was 6.3% of their total employment (Gov. Ex. 27). Throughout this litigation, Parma’s principal contention has been that the racial segregation in the Cleveland metropolitan area generally and in Parma specifically is not a result of racial discrimination. Parma claims that the housing segregation is a natural phenomenon caused by economics and by the free residential choice of blacks and whites to live with people of common backgrounds (ethnicity). For these reasons, Parma asserts that blacks do not want to live in Parma or indeed anywhere west of the Cuyahoga River, and, therefore, that none of Parma’s actions could possibly have had the effect of excluding blacks. The proposition that the Cleveland metropolitan area and Parma became racially segregated solely as a result of associational preferences and economics, and not because of racial discrimination, is refuted overwhelmingly by the evidence in this case. The proposition is also contrary to notorious and judicially-noticed facts about discrimination in the private and public housing markets. A. The Dual Housing Market The black ghetto on the east side of Cleveland was created and has been maintained by a series of systemic and pervasive practices of private and public discrimination. Recounting this history does not make pleasant reading, and a brief summary will suffice. Racial segregation in the Cleveland area did not begin until the turn of this century (Tr. 151-153). In the late 1800’s small black “settlements” had developed in the east and west sides of the city, and in the western suburbs as well (Tr. 910-911, 928-930). As blacks began to move to Cleveland in greater numbers in the early 1900’s, a shortage of housing developed, and they were confined to an area on the east side called the “Roaring Third,” or “Darkie Town.” (Tr. 151-153). This area continued to expand as more blacks moved to Cleveland. The small west side enclaves, however, did not expand because additional blacks were not allowed to reside there (Tr. 931-932). In certain areas, blacks were not even allowed to walk (Tr. 151-153). Following the Second World War, blacks moved to Cleveland in huge numbers, and the black population grew from over 80,000 in 1940 to over 280,000 by 1970 (Gov. Ex. 4, 7). They settled on the east side of Cleveland, while hundreds of thousands of whites moved out, and settled in the suburbs. Blacks settled on the east side because they had no choice; other areas of the city and the suburbs were off-limits. Blacks were confined to the east side by a confluence of pervasive acts of public and private discrimination, the most significant of which are discussed below: 1. Until 1950, the consistent policy of the FHA and VA was to prevent blacks from buying homes in white neighborhoods (Gov. Ex. 9, pp. 43-47; Tr. 765, 938). For example, the FHA Underwriting Manual stated that “the infiltration of inharmonious racial and nationality groups” was “adverse” to neighborhood stability. Underwriting agents were warned to deny insurance to “incompatible social and racial groups” because “change in the social and racial occupancy generally contributed to instability and a decline in values.” The agencies strongly encouraged private racially restrictive covenants to maintain the racial homogeneity of neighborhoods. And, to assure “sound business principles,” blacks were not allowed to participate in many aspects of the agencies’ single-family housing programs. The agencies also “generally withheld insurance from existing housing in central city areas” because those areas “occupied largely by minority groups had an unfavorable economic future”. “For a period approaching 20 years, the Federal government, through the FHA was the leading exponent of racial discrimination in housing and residential segregation.” Reed v. Rhodes, 422 F.Supp. 708, 789 (N.D.Ohio 1976), aff’d, 607 F.2d 714 (6th Cir. 1979), cert. denied, 445 U.S. 935, 100 S.Ct. 1329, 63 L.Ed.2d 770 (1980). 2. Following the FHA lead, racially restrictive covenants developed in the Cleveland area (Tr. 938). Although judicially unenforceable after 1948, they continued to be “viewed as a cloud on the title and excepted by title companies in their policies, at least until 1969.” Reed v. Rhodes, supra at 789. 3. Yielding to public opposition, the Cuyahoga Metropolitan Housing Authority discriminated in its site and tenant selection practices and contributed to residential segregation in the Cleveland area. Banks v. Perk, supra. 4. Developers of federally subsidized housing generally were prevented from building (except in Cleveland’s east side) because of opposition based on fears that this would bring blacks into white neighborhoods (Tr. 782-784, 790-794, 805). 5. Many real estate brokers dealing with housing in white areas refused to accept prospective black buyers (Tr. 259-260, 695-696). Indeed, until 1950, the Code of Ethics of the National Association of Real Estate Brokers stated: “A Realtor should never be instrumental in introducing into a neighborhood a character of property or occupancy, members of any race or nationality, or any individuals whose presence will clearly be detrimental to property values in that neighborhood.” 6. Banks, savings and loans, and insurance companies “red-lined” black and integrated neighborhoods, a practice which has not ceased in Cleveland (Tr. 158-159, 264, 700, 938-940, 948-949, 973-974; Gov. Ex. 9, pp. 25-26). And, until enjoined in 1977, the American Institute of Real Estate Appraisers warned against the adverse effects of the “infiltration of inharmonious racial groups” because home values “change when people who are different from those presently occupying an area advance into and infiltrate a neighborhood” and “problems associated with minority group segments of the population can hinder community growth.” 7. Beginning in the mid-1950’s, there was an increase in the employment of blacks in the west side and in the western suburbs. Many of these people wanted to live close to their work (Tr. 268; see also Gov. Ex. 27). However, most were unable to find homes because of private refusals to sell and because of the inability of east side brokers to get listings in the west (Tr. 259-260, 264, 266, 268). 8. There has been, and to a large extent there still is, a dual market in the real estate business. Black realtors were denied membership on the real estate board (Tr. 267), access to multiple listing services (Tr. 729, 941-942), and cooperation with white realtors (Tr. 695-696). As a consequence, black brokers lacked knowledge of listings in the west side of the Cleveland metropolitan area and could not show black clients housing prospects there (Tr. 703). Furthermore, racial steering by brokers had been, and continues to be prevalent (Tr. 942). 9. In Parma and other western suburbs, white and black brokers were unable to find housing for black clients. When these brokers were able to discover listings, homeowners either refused to deal with them (Tr. 253-260) or refused to sell to their black clients (Tr. 259-264, 349-350). In Parma, as in other areas, there were rock-throwing incidents when a white family placed its home on the open market (Tr. 350). Other instances of hostility and physical abuse marked the reaction of residents of white areas when it was thought a black might move in (Tr. 349-352, 769-770, 943). B. “Assoeiational Preference” Hypothesis In the face of overwhelming evidence of racial discrimination, Parma insists that the extreme racial segregation which exists in the Cleveland area actually is caused by the free assoeiational preferences of whites and blacks. Under this theory, ethnicity rather than race is considered to be the principal motivating factor influencing decisions on residential location. Parma’s contention is that racial segregation is nothing more than a manifestation of a broader ethnic segregation. The underpinnings of this hypothesis are rooted in historical immigration and settlement patterns. During the 19th century and continuing until 1924, white ethnic groups immigrated to Cleveland (Tr. 880-883). Being poor immigrants, they grouped together in various ethnic enclaves in Cleveland’s poorest neighborhoods (Tr. 884-890). Hostility existed between the various ethnic groups, especially between the old established groups and the newly arrived ones (Tr. 140-142). As its economic condition improved, each ethnic group moved out of the poorer ethnic enclaves and into the suburbs (Tr. 890-891, 901-907). Blacks began to settle in Cleveland after World War II in poor sections on the east side vacated by earlier ethnic immigrants (Tr. 883, 893-894). The economic condition of Cleveland’s blacks has improved only recently, and blacks have now begun to move out to the eastern suburbs. Parma’s basic explanation for this migrational pattern depends on the concept of an “ethnic corridor”, by which identifiable ethnic groups engage in unidirectional movement from the City to the suburbs, following established traffic arteries or roadways (Tr. 908). Development of these corridors is frustrated by natural barriers such as lakes and rivers, and man-made barriers such as industrial parks and freeways (Tr. 907-909). Utilizing the “corridor” concept, Parma argues that the black settlement and migration in the Cleveland area merely follows the same basic pattern that characterized the migration of other ethnic groups: from a heavy concentration in the inner city to the suburbs via the corridor (Tr. 901-90,4). Like whites, blacks prefer to be in the neighborhood of the same ethnic background (Tr. 915). The black corridor moves from the east side of Cleveland into East Cleveland, and is now moving towards other eastern suburbs such as Maple Heights and Bedford Heights (Tr. 890-893). Dr. Bonutti, Parma’s expert, does not foresee any significant movement of blacks to the west side or to any of the western suburbs (Tr. 914-915) because the Cuyahoga River acts as. a barrier to migration (Tr. 907). The Court finds Parma’s “associational preference” hypothesis, with the accompanying “corridor” theory, to be seriously flawed both in terms of logical inference and empirical validity. Perhaps most significantly, it is impossible to attribute racial segregation to the free associational choice of blacks when free choice has never existed. Dr. Bonutti admitted the existence of discrimination against blacks in the housing market and asserted that this simply reflected traditional hostility experienced by ethnic groups settling in a new area. At one point, Dr. Bonutti testified, “there is no question that there is a lot of discrimination. And it’s not only discrimination against blacks. It’s discrimination that is applicable to all groups that came here.” (Tr. 932). Parma’s expert further acknowledged the continued existence of many of the discriminatory practices in the housing market (Tr. 938-949; see pp. 1057-1059, supra), and admitted that this discrimination is a factor which influences existing residential patterns (Tr. 945-946). To suggest that associational preferences, rather than these practices of discrimination, are the major causes of segregation would not only be contrary to the evidence, but would also place this Court in conflict with the judgment of the State of Ohio (Gov. Ex. 9, p. 48), the judgment of Congress when it passed the Fair Housing Act, see e. g., 114 Cong.Ree. 2278 (1968) (statement of Senator Mondale); id. at 9563 (statement of Representative Celler), and the judgment of the Executive branch, see, e. g., Evans v. Buchanan, supra at 434 n.10 (citing statement of President Nixon). While the evidence of housing discrimination against blacks is overwhelming, Parma suggests that this is a “natural” phenomenon because discrimination in housing also confronted earlier ethnic groups when they settled in the Cleveland area. This argument makes the erroneous assumption that ethnicity is equivalent to race. Nowhere is this supported in the record. Indeed, the attempt to categorize race as a subset of ethnicity ignores the one crucial characteristic that distinguishes blacks from white ethnics: color. In addition, the argument that discrimination is* “natural” merely means that it has existed in the past. But neither the present nor the future can be burdened by prior injustices based on racial or national bigotry. The “associational preference” by hypothesis also fails because it is simply not plausible to believe that the supposed preference of blacks to live in black neighborhoods would subordinate people’s desire to lead better lives. Dr. Bonutti admitted that blacks have the same aspirations as anyone else (Tr. 969). He also conceded that employment and housing conditions are much worse in the black east side ghetto than in the western suburbs (Tr. 946-950). And, as Dr. Campbell, the government’s expert stated, and as the Court is well aware, there are areas in the ghetto which look like bombed-out cities (Tr. 219-220). Parma would have this Court believe that blacks prefer the life of the ghetto with its attendant filth, degradation, and crime to the life of suburbia because they do not wish to live in white or integrated neighborhoods. For substantiation, the City relies on testimony from Dr. Bonutti that is based on two studies, neither of which is of probative value. The Court finds no evidence to support Parma’s contention that blacks freely choose to reside in the ghetto solely in order to reside with fellow blacks. The record clearly refutes such a position (e. g. Tr. 221, 703-705). Furthermore, the contention posits a degrading racial hypothesis which this Court does not believe and will not make. Parma’s “ethnic corridor” theory also does not explain why blacks only recently began moving to some of the eastern suburbs and have not even begun to move to the western suburbs. The explanation provided is that the “corridors” take time to develop, and are dependent on the improvement of economic conditions of the ethnic group. Blacks, who settled in Cleveland after white ethnic groups and who are relatively disadvantaged economically, are therefore last in time and money when it comes to the development of a corridor. Additionally, it is argued that a corridor will not develop unless the group is sizable. However, at least two of the factors believed to contribute to the development of a corridor—size and time—have existed for many decades with respect to blacks. There were almost 35,000 blacks living in Cleveland in 1920 (Gov. Ex. 3) and over 85,000 blacks living in Cleveland before World War II (Gov. Ex. 4). If Parma’s “corridor” theory were true, many of these early black settlers, their children and grandchildren would have moved to the suburbs, but as Dr. Bonutti admitted, they have not (Tr. 925). Parma offers no convincing explanation as to why no black “corridors” have developed, or will develop, in the direction of the western suburbs. Dr. Bonutti claims that geographic barriers—the Cuyahoga River, freeways, industrial sites—inhibit the development of such corridors (Tr. 907). But while there is no question that geography influences residential development, the record is replete with evidence of white ethnic groups which have jumped spatially or have dispersed when confronted with barriers to expansion (Tr. 958-965). No reason is proffered why this did not occur with blacks. Not only did a corridor not develop from Cleveland’s east side to the west, but black enclaves in the west side did not expand either. In the late 1800’s, several black neighborhoods had developed on Cleveland’s west side and in the western suburbs (Tr. 928-930). Unlike white ethnic enclaves nearby, they never developed “corridors” to places like Parma (id.; see also Tr. 690-700). Parma claims that this occurred because the neighborhoods were “well-defined” (Tr. 929) and not very large. The reason for the lack of expansion of these well-defined, small neighborhoods becomes clear only when it is realized that blacks were not allowed to settle around them (Tr. 931-932). It is also clear from the record that there has been much greater resistance to black migration in the west than in the east (e. g., Tr. 782-784, 260-264). Finally, Parma’s “ethnic corridor” theory is greatly exaggerated. It is true that ethnic groups lived in “urban villages” before World War II, partly because of choice and partly because of discrimination (Tr. 141-142). However, as the government’s expert, Dr. Campbell, explained, every ethnic group except blacks is now dispersed throughout the Cleveland metropolitan area (Tr. 147, 148, 164-168; see also Gov. Ex. 114B, 120). If white “ethnic corridors” exist, they cannot readily be found. Dr. Bonutti admitted on cross-examination that each white ethnic group is dispersed throughout the suburbs (Tr. 958-966). Heavy concentrations of individual white ethnic groups do not exist in either the City of Cleveland or in the suburbs (Tr. 956). In fact, there is only one census tract in the entire Cleveland area in which a single white ethnic group accounts for a majority (Tr. 955). In Parma itself, there are substantial numbers of almost every ethnic group except blacks (Tr. 148). As Dr. Campbell stated, “[I]n all these urban villages or ghettos, if you want, there were entrances for all of the people but there were no exit signs for the blacks and no exits on the west side.” (Tr. 221-222). Perhaps the most fundamental flaw in the “associational preference” theory, with its heavy reliance on the concept of “ethnicity”, is the effort to assume that race is identical to ethnicity. The fact remains that blacks are distinguishable from other groups not on the basis of religion, language, or national origin, but rather on the basis of color. Parma’s entire corridor theory assumes a monolithic ethnic black culture which in fact does not exist. C. Parma’s “Economics” Explanation Parma’s other explanation for racial segregation is economics. However, a review of census data for the Cleveland Metropolitan area reveals that economics has little to do with racial segregation. In 1970, Shaker Heights, the wealthiest suburb in the Cleveland area (see table in Gov. Ex. 107), had a median family income of $19,918 and a median home value of $41,814 (id.). Parma, on the other hand, had a median family income of $12,425 and a median home value of $24,079 (id.). But Parma is virtually all-white, while Shaker Heights is one of the only integrated suburbs in the Cleveland area. In 1970, less than 0.1% of Parma’s residents were black, compared to 14.5% in Shaker Heights (id.). A more systematic examination of the relationship of economics and other factors to residential segregation in the Cleveland area was done by Dr. John Kain, an expert witness for the government. Dr. Kain’s analysis builds upon the work of Dr. Karl Taueber. Using 1960 census data, Dr. Taueber had found that only a small fraction of the intense amount of racial segregation in the Cleveland area could be explained by the differences in income between blacks and whites (Tr. 379-381). Dr. Kain’s study differs from Dr. Taueber’s in that more recent census data (1970) is used and household characteristics (family type, age of household and family size) are considered as well as income (Tr. 384-385). Testing the theory that the socio-economic characteristics of the black population are capable of explaining the concentration of blacks within particular neighborhoods in the Cleveland area, Dr. Kain found that if residential location were based solely upon these socio-economic factors, substantial numbers of blacks would live everywhere in the Cleveland metropolitan area (Tr. 408; Gov. Ex. 29). Dr. Kain found a dramatic difference between the actual racial distribution in the Cleveland area and the distribution that would have resulted from socio-economic factors. As noted earlier, 61 of the 440 census tracts in the Cleveland SMSA were over 80% black in 1970, and 313 census tracts were over 95% white (see p. 1056, supra; see also Tr. 408-409). However, if residential location were determined by income and household characteristics, no census tract would have been more than 60% black, only one tract would have been in the range 50-59% black, no tract would have been less than 5% black, and most census tracts would have been 10-20% black (Tr. 409; see Gov. Ex. 29C). A comparison of the actual population of blacks in specific areas with the expected population in those areas if residential location were determined by income and household characteristics also was undertaken. The findings are summarized in the following table (Gov. Ex. 29F) (“a” means less than 0.1% blacks): Actual and Predicted Percentage of Blank Population in Selected Geographical Areas in Cleveland SMSA Percent Negro Area Actual Predicted Brook Park .3% 13.3% District I (Cleveland) 10.9 16.7 District II (Cleveland) 78.4 31.2 District III (Cleveland) 54.2 20.8 District IV (Cleveland) 1.4 20.2 District V (Cleveland) .2 15.8 District VI (Cleveland) 2.7 14.3 Cleveland Heights 2.5 11.4 East Cleveland 58.6 19.3 Euclid .4 18.1 Garfield Heights 4.3 13.7 Lakewood a 13.0 Maple Heights 2.0 13.6 North Olmstead a 12.6 Parma a 12.7 Parma Heights a 12.1 Shaker Heights 14.4 8.5 South Euclid .1 11.2 Balance of Cuyahoga 2.6 14.9 Mentor .5 13.7 Geauga County 1.2 13.8 Balance of Lake County 1.6 14.0 Medina County .8 14.7 This table shows that if income and household characteristics determined residential location, the Cleveland metropolitan area would be racially integrated with a substantial representation of blacks in every suburb. Parma itself would have been 12.7% black in 1970, or three hundred and twenty times the actual percentage (.04%). Using the same techniques to examine the relationship of income and household characteristics on the residential distribution of white ethnic groups yielded results quite different from those observed for blacks (Tr. 413). Foreign stock individuals are dispersed widely throughout the Cleveland metropolitan area. Using his basic model (“Model I”), Dr. Kain found that, with one exception, the actual distribution of foreign stock persons was close to the distribution that would be expected based on income and household characteristics (Tr. 413-415). The one exception was the area on the east side of Cleveland where blacks are concentrated most heavily (id.). Dr. Kain, using an alternative model (“Model II”) in which his calculations were limited only to the white population (Tr. 413-417), found that the match between the actual and predicted distributions of white ethnic groups was improved (Tr. 425). These results are summarized in the following table (Gov. Ex. 29F): Actual and Predicted Percentage of Foreign Stock Population in Selected Geographical Areas in Cleveland SMSA Percentage Foreign Stock Predicted Area Actual Model I Model II Brook Park 20.8% 19.0% 21.7% District I (Cleveland) 35.4 27.1 29.4 District II (Cleveland) 8.5 21.6 7.6 District III (Cleveland) 20.1 24.7 15.8 District IV (Cleveland) 27.8 24.0 29.2 District V (Cleveland) 37.5 27.0 31.6 District VI (Cleveland) 31.1 25.9 29.3 Cleveland Heights 36.7 28.8 31.6 East Cleveland 15.9 24.4 15.6 Euclid 33.1 27.2 30.9 Garfield Heights 35.9 26.7 29.6 Lakewood 28.3 27.9 31.8 Maple Heights 33.3 25.8 29.2 North Olmstead 24.0 22.6 25.8 Parma 36.1 25.7 29.3 Parma Heights 32.6 26.2 29.6 Shaker Heights 28.3 30.4 29.1 South Euclid 45.8 30.0 33.4 Balance of Cuyahoga 39.9 35.4 38.9 Mentor 14.4 22.8 26.1 Geauga County 20.4 21.7 24.7 Balance of Lake County 21.7 23.1 26.2 Medina County 12.8 22.9 26.5 Finally, Dr. Kain looked at Parma and compared the actual proportions of specific ethnic groups with the predicted proportions based on income and household characteristics. He found a very close relationship (Tr. 428-430): Actual and Predicted Percentages of Specific Foreign Stock in Parma Group Actual Predicted Polish 5.4% 4.4% German 3.8 2.7 Czech 5.6 4.2 Austrian 2.7 2.4 Hungarian 2.0 2.6 Russian 3.1 2.3 Italian 3.7 5.0 Other 7.7 10.8 From these analyses, Dr. Kain concluded that income and household characteristics substantially explained the residential distribution of white ethnic groups, but not of blacks. Thus, another factor has operated to confine blacks, but not white ethnic groups, in certain areas. Based upon his extensive knowledge of housing markets and urban development, Dr. Kain concluded that this factor is racial discrimination (Tr. 432; Gov. Ex. 29). Parma’s attempt to rebut Dr. Kain’s analysis involved three criticisms of Dr. Kain’s study: first, that a different mathematical model should have been used (Tr. 1021-1023); second, that important variables were omitted from, and should have been used in, the study (Tr. 1028-1043); and third, that statistical tests showed that no conclusions could be drawn from Dr. Kain’s observed results (Tr. 1044-1068). The Court finds the criticisms to be largely without factual foundation. Dr. Ramsey, Parma’s expert on econometric models, testified solely on the validity of Dr. Kain’s models. However, the alternative mathematical model urged by Dr. Ramsey, to his knowledge, has never been used in any published works in the area of demographic patterns by race or ethnicity (Tr. 1076). In fact, Dr. Ramsey has never studied housing segregation, demographic patterns, or any other subject dealing with an aspect of racial discrimination (Tr. 1073). In any event, the invalidity of the central concept of Dr. Ramsey’s model—clusterings due to ethnicity—-has already been addressed (see pp. 1057-1062, supra). Dr. Kain’s models substantially account for existing white ethnic clustering, but not for black residential patterns. The important variables which Dr. Ramsey believes were erroneously omitted from Dr. Kain’s study—wealth, religion, occupation, lifestyle (Tr. 1034)—were omitted either because the variables had not been employed and tested before, because the data did not exist (Tr. 1090-1091, 1099-1103), or because the variable is not truly significant (Tr. 1091-1098). Finally, the statistical tests performed by Dr. Ramsey in an effort to discredit Dr. Kain’s study were sometimes misleading or meaningless (Tr. 1105-1112). Some of the tests were performed erroneously (Tr. 1117-1124), and other tests were conducted without confirming necessary statistical assumptions (Tr. 1130-1132). Finally, some of Dr. Ramsey’s statistical tests produced results consistent with Dr. Kain’s conclusions (Tr. 1136-1144, 1125-1126). Based on the record, the Court finds that the racial segregation in the Cleveland area cannot be attributed to either associational preferences or economics. The Court finds that a principal cause of the housing segregation is the past and present discrimination suffered by blacks. III. PARMA’S RACIALLY EXCLUSIONARY POLICIES AND PRACTICES As a result of the long-standing practices of private and public discrimination described earlier, the western part of the Cleveland metropolitan area is considered by most black people as hostile territory and a place where blacks simply are not welcome (Tr. 210, 225-226, 268, 269, 344-345, 351, 702, 709-711; Stokes dep. 49-50). Parma shares this image of exclusion based on race; it has the reputation in the black community, among realtors and brokers generally, and with Parma residents of being a city reserved for whites and opposed to racial integration. This is the undisputed testimony of Parma residents (Tr. 86, 109, 118-119), of former mayor of Cleveland, Carl Stokes (Stokes dep. 21, 47-48), of the present mayor of neighboring Parma Heights, Paul Cassidy (Tr. 1426-1428), of federal housing officials (Tr. 269), of experienced black and white real estate brokers (Tr. 710-711, 344-345), and of the government’s expert, Dr. Campbell (Tr. 225-226). Parma’s exclusionary image differs in degree from other western suburbs. Parma is generally considered to be the suburb that is most hostile to blacks (Tr. 269, 345; Stokes dep. 48), and is a “symbol” of resistance to integration (Tr. 345). According to a former Councilman-at-large of the City, “Parma has a national reputation as being a segregation community” (Sands dep. 28). A city’s reputation can be created and affected by the publicly-expressed attitudes of its leadership. Racial statements made by Parma’s elected officials contributed to the perpetuation and intensification of this image of exclusion based on race (Tr. 269, 711; Stokes dep. 41-A6). It takes little education or sensitivity to perceive the attitude reflected by City Council President Kuczma when he stated “I do not want Negroes in the City of Parma.” (Gov. Ex. 118). His remarks were made at a public meeting and were publicized widely in the press and television. They served to reinforce Parma’s reputation as a place that “did not want blacks to live there . . ” (Stokes dep. 43-48; see also Tr. 711). Also publicized and contributing to the exclusionary image was Parma Mayor John Petruska’s assurance that the “entire east side of Cleveland” would not be moving into Parma (Gov. Ex. 119; Petruska dep. 108). The statement was made at a public meeting on a federally subsidized low-income housing proposal, and followed a discussion which touched on racial concerns (Petruska dep. 108). The suggestion that the remark was referring to general housing conditions as opposed to blacks is not credible. Mayor Petruska’s remarks were not limited to public meetings in Parma. His nationally televised statement that Parma was integrated when it had three black families (Gov. Ex. 30, p. 14) was widely known and is still remembered for the racial attitude it expressed. As former Mayor Carl Stokes noted afterwards (Stokes dep. 44-45, 46): It was something that is tragic in its fact, in its being a fact, and yet a person literally saying out loud something that so unconsciously by itself reflects the actuality of the racial exclusion . There is nothing surprising to black Clevelanders about racism in Parma. These statements by the Mayor and the City Council President contributed to the creation of Parma’s image of racial exclusion. Parma’s racially exclusionary image is a perpetuating cause of housing segregation. One of the factors that influences most people in considering where to live is whether they will be welcome (Tr. 701, 769-771). People desire to avoid hostile situations, and the perception that they are not wanted in a certain area is a real deterrent to their moving into the area (id.). Because Parma is viewed as a place where blacks are not welcome, blacks are prevented from moving there and the City’s virtually all-white composition is maintained. It is against this backdrop that the government’s pattern and practice suit challenges five specific actions or series of actions taken by Parma: A) Parma’s refusal to enact a fair housing resolution welcoming “all persons of goodwill” ; B) Parma’s general opposition to all forms of public and low-income housing; C) Parma’s denial of building permits for a privately-sponsored low-income housing development—Parmatown Woods; D) Parma’s enactment and application of four land use ordinances which impose height, parking and voter approval limitations on housing developments; and E) Parma’s refusal to submit an adequate housing assistance plan in connection with its application for Community Development Block Grant Funds It is these actions, individually and collectively, which the government alleges violated the Fair Housing Act. The government contends that these actions denied rights to groups of people and amounted to a pattern and practice of resistance to the full enjoyment of rights granted by the Act. A. REFUSAL TO ENACT THE FAIR HOUSING RESOLUTION In the late 1960’s, a number of communities in the Cleveland area considered proposals to demonstrate local support for the recently passed state and federal fair housing laws (Tr. 84, 1304). At least one local fair housing organization actively promoted the area-wide passage of fair housing resolutions by proposing specific language for adoption by the various government bodies (Tr. 1303; Sands dep. 45-46). A number of communities, including Parma’s neighbor, Parma Heights, adopted such resolutions (Tr. 1416-1417). Some, including Parma, did not (Tr. 1304; Sands dep. 30-31; Gov. Ex. 31; Petruska dep. 36). A proposed fair housing resolution was put before the Parma City Council in mid-1968 by John F. Sands, a Councilman-at-large and the Majority Leader. Part of its language stated simply that “ . . . all persons of good will have been and are welcome in the city of Parma by this Council . . ” (Gov. Ex. 122; Sands dep. 33) Mr. Sands actually was ashamed of proposing such a weak resolution (Sands dep. 37), but, although he wanted to use much stronger language, he was convinced that a strong proposal would have absolutely no chance of passage (id. at 37-39, 44). Accordingly, Sands offered a resolution which would have no legally binding effect. Instead of identifying which people were to be “welcome” in Parma (such as people of all races), the resolution simply welcomed all people of “goodwill.” The proposal also contained language defending the right of Parma property owners to dispose of their property as they wished in order that the resolution would not appear to “enforce morality” (Gov. Ex. 122). Despite the manifestly weak language of the proposed open housing resolution, it aroused tremendous controversy and opposition. Mr. Sands was deluged with about a hundred letters and telephone calls during the three-week period after he introduced it (Sands dep. 18-19). Most of those who contacted Mr. Sands were opposed to the resolution, and many said he should not even talk about open housing because there was no need for it (id. at 22-23). A significant number openly expressed opposition to integration (id. at 23). Mr. Sands described the intensity of opposition to his proposal as “unbelievable” (id. at 18-19). Mayor Petruska opposed the resolution publicly. In a meeting with clergy, Council members and Parma citizens concerning the proposal, he noted that the problems of the City of Cleveland should remain in Cleveland and Cleveland should deal with them; Parma would deal with Parma’s problems (Tr. 89). During this litigation, however, Mayor Petruska changed his reason for opposing the resolution. At trial he testified that Parma was already bound by state fair housing laws which he was sworn to uphold, and therefore that the resolution was surplusage (Tr. 1322-1328). On September 3, 1968, the Parma City Council rejected the proposed fair housing resolution by a vote of 7 to 5 (Gov. Ex. 31; Sands dep. 14). No evidence indicates that anyone voted against the resolution because it was too weak. Those who voted against the resolution claimed that it was too specific in proscribing discrimination on account of race and religion, that it implied that Parma had discriminated in the past (Tr. 1306; Dunning dep. 198-199), and that it was simply unnecessary (Sands dep. 41; Tr. 1295). However, the Court finds that the resolution was defeated, at least in part, because of opposition to racial integration. The resolution nowhere mentioned race or discrimination; nor could it have been understood as more than a good-will gesture. As Mr. Sands described the resolution, it was simply an “open declaration of an attitude” (Sands dep. 142). The Court rejects Mayor Petruska’s testimony that he opposed the resolution solely because state law, which he is sworn to uphold, already provided for fair housing (Tr. 1322-1323; Petruska dep. 33). Mayor Petruska, a lawyer, surely understood the difference between a resolution and a law. The fair housing resolution was not legally binding; rather, it simply espoused an attitude. Mayor Petruska’s testimony also is refuted by his contemporaneous public statements, and by his later public comments on this subject. In late 1970 or early 1971, for example, Mayor Petruska addressed a meeting of the Parma Jay cees Wives (Tr. 101-103). At the meeting, a former president of that organization, who was a Parma resident for seven years, asked Mr. Petruska: “What about open housing in Parma?” (Tr. 103-104). The Mayor responded: “You don’t have to worry about that. Our neighborhoods will stay the same” (Tr. 104). When the questioner then informed the Mayor that she supported open housing, the Mayor indicated that there already was open housing in Par-ma because three or four black families lived there (Tr. 104, 116). The Court rejects Parma’s contention that its refusal to enact the fair housing resolution had no segregative effect. Certainly passage of the resolution alone would not have insured that increasing numbers of blacks would choose Parma as the place to reside. Unlike an ordinance, a resolution is intended to be symbolic; it is evidence of an attitude. As such, symbols do have meanings. By refusing to welcome “all persons of goodwill” as residents of Parma, the City sent out the message that black people of goodwill were not welcome. This contributed to Parma’s image as a city that was reserved exclusively for whites (Stokes dep. 41-42). B. PARMA’S REJECTION OF PUBLIC AND LOW INCOME HOUSING 1. Conventional Public Housing a. Public Housing Segregation in Cuyahoga County With one minor exception, all of the conventional public housing in Cuyahoga County is administered by the Cuyahoga Metropolitan Housing Authority (CMHA) (Gov. Ex. 22, p. 1.). A vastly disproportionate number of public housing tenants are black. Although the Cleveland metropolitan area is only 16.1% black, almost two-thirds of the tenants in public housing are black (Gov. Ex. II). The waiting lists for public housing are even more heavily black; in 1979, for example, 78% of the families on the waiting lists (1437 of 1843) were black (Gov. Ex. 16). Virtually all conventional public housing in Cuyahoga County has been built by CMHA inside of Cleveland (Tr. 627; see Gov. Ex. 107), and most of it is located in neighborhoods that are heavily black. In 1971, 20 of the 27 public housing projects were located on the east side of Cleveland in areas of heavy black concentration (Gov. Ex. 107). In 1978, this was true for 20 of 35 projects, and 5 of the 15 projects on the west side were in the few areas of heavy minority concentration (id). There is a huge shortage of public housing in Cuyahoga County. The total tenant population in public housing in 1973 was about 25,000 people (Gov. Ex. 20, p. 10). Another approximately 48,000 families are eligible for public housing in Cuyahoga Co