Migrant Farm Workers/City of Agawam Settlement Reached
January 5, 2005
Springflield, MA: A Settlement Agreement and Consent Order was entered into between the U.S. Justice Department, C & E Tobacco, migrant farm workers and the City of Agawam in Federal Court today. In September, 2002 the United States filed a lawsuit alleging violations of the Fair Housing Act arising out of the denial of a building permit for a structure which was to house migrant farm workers employed by C & E Tobacco. C & E and their farm workers later joined the lawsuit.
Agawam agreed to pay monetary damages to C & E Tobacco in the amount of $125,000.00. The city must also pay an additional $125,000.00 to Jamaican and Hispanic farm workers who were employed by C & E Tobacco during the 2000-2004 growing seasons. A $10,000.00 payment must be made to the United States.
In addition to paying monetary damages, the City of Agawam has agreed to issue a building permit to C & E Tobacco to build the farm worker residence. The City is also to dismiss their appeal of a previous housing court decision where Judge Dina Fine found in C & E Tobacco’s favor. The City must amend its zoning ordinances regarding housing of farm workers on agricultural land within 90 days and provide training with respect to the Fair Housing Act to City of Agawam personnel for the next 3½ years.
Attorney Robert S. Murphy, Jr. of the law firm Bacon & Wilson, speaking on behalf of C & E Tobacco and its owners, Calvin and Elaine Arnold, stated:
"My clients were pleased to be able to settle this matter at this time but disappointed that they were forced to initiate three separate lawsuits to obtain their building permit. This has been a long four year battle with the City. The Arnolds believe that the City’s energy and resources would have been better spent elsewhere. They are looking forward to the new growing season without having to worry about the stress and expense that the City’s actions imposed upon them. The Arnolds hope that no one has to suffer what their family and employees were put through during the course of this litigation."
by:
Attorneys
