Tuesday, October 5, 2010
Neighborhoods Fox 'phantom' sues theatre, claims discrimination
Posted by Thomas Wheatley @thomaswheatley on Tue, Oct 5, 2010 at 11:05 AM
- CL File/Joeff Davis
- Joe 'Phantom of the Fox' Patten
The suit filed yesterday in Fulton County Superior Court says Atlanta Landmarks Inc. — which owns and operates the Fox — and board president Woody White used "willful, intentional, and deliberate acts of housing discrimination against [Mr. Patten] based on his perceived physical disabilities."
In late August, the board of Atlanta Landmarks Inc. voted to terminate Patten's rent-free, lifetime lease after the 83-year-old was hospitalized for a stroke. The board drew up a modified lease with multiple stipulations that says Patten's allowed to live in the apartment he renovated with $50,000 of his own money "until he's able." The battle has sparked a grassroots effort replete with protests and boycotts. (For more background on the brouhaha, visit our previous entry.)
“By terminating Mr. Patten’s lease expressly on the basis of his physical condition, defendants overtly and intentionally discriminated against Mr. Patten and violated the Georgia Fair Housing Act, O.C.G.A. § 8-3-200, et seq. In addition… Atlanta Landmarks’ unilateral termination of Mr. Patten’s lease also violates the parties’ lease agreement, which gave Mr. Patten the right to live in his apartment at the Fox for the remainder of his life,” the complaint says.
In a statement, a Fox spokeswoman said it's been notified of the lawsuit but adds that Patten hasn't worked with the theatre.
"We are very disappointed as Joe has rejected every overture to discuss this matter and to negotiate an amicable agreement," the statement says. "We continue to be concerned for Joe. Our position still stands that Joe is welcome to continue to live in the apartment for as long as he is able."
According to the AJC, Patten's suit seeks an injunction against his removal from the Fox, which is scheduled to take place Dec. 1 if the longtime tenant doesn't sign the new lease. The suit also seeks punitive damages and legal costs from Atlanta Landmarks Inc., the paper says. Emmet Bondurant, Patten's lawyer, says an injunction hearing will most likely be held in the coming weeks.
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