Editorial

Editor's Note: A Small Victory for Jamie Swartz R. Morgan Pigg, Jr.

ow does an elementary-age girl spend her day? H Kelly, my daughter in the second grade, fills her time with her Barbie, artwork, riddles, and horseback riding. For nine-year-old Jamie Swartz of Margate, Fla., a suburb of Fort Lauderdale, her day includes fighting legal proceedings to evict her from a condom- inium development.

Her crime - being nine years old. Progress in the effort to protect the rights of chil-

dren such as Jamie can occur in some unexpected places. On March 12, 1989, an important amendment to the federal Fair Housing Act takes effect. How does fair housing legislation relate to children's rights? The amendment transcends issues related to housing and speaks to the status of children in our society. It represents a belated but significant statement confirm- ing the importance of children in America. Effective March 12, children become a legally protected class in regard to discriminatory practices, thus joining women, blachs, Hispanics, the elderly, and other pro- tected groups Protection from age discrimination will be extended both to children and the elderly. Con- sequently, children cannot be barred or evicted from housing just because they are children.

The new amendment will cover most forms of housing. However, some exceptions and exemptions will apply. Facilities built specifically for the elderly, or developments in which all tenants are at least age 62 or where 80% of the units have one tenant at least age 55, will be exempt from the amendment. The U.S. Dept. of Housing and Urban Development will issue specific guidelines for implementing the legislation. Prior to the amendment, housing complexes arbitrarily could be designated "adults only," and families with children could be barred from such housing or evicted should the mother become pregnant. Several such cases have occurred nationally.

How did Jamie Swartz become the focus of litiga- tion? Last spring, Jamie moved to Margate with her father and stepmother. Jamie's mother had developed cancer and died the previous September. Her father wrote to the condominium board of directors to explain the situation and request that Jamie be allowed to move into the development, Though the

condominium's by-laws made provision for such exceptions, the board chose not to grant the request. Instead, the board instituted legal proceedings to have Jamie evicted. The Swartz's request to allow Jamie to stay at least until their condominium could be sold also was denied. The condominium board has decided not to pursue the matter further at this time awaiting implementation of the new amendment.

How much heartache should a nine-year-old endure? In addition to the divorce of her parents and subsequent death of her mother, Jamie has faced litigation and rejection. What does the egocentric notion of an "adults only" mentality say about the character of this society? How can we fight discrimin- ation based on factors such as ethnicity, gender, and religion while ignoring blatant discrimination against children? Why was the battle against age discrimina- tion fought primarily for the elderly, and not for the children as well?

The case of Jamie Swartz, and countless other cases across the nation, provide poignant reminders that children and families are not faring well in our society. A look beyond the rhetoric confirms that children and families are not a priority in America, particularly in regard to public policy and to alloca- tion of resources. Perhaps the ultimate tragedy in such cases stems from the fact that Jamie's situation could exist at all in an "enlightened' society. At least to their credit, people in the Fort Lauderdale area have reacted with indignation to the way this child was treated. Jamie may not win her battle, but after March 12 this form of discrimination will be a bit more difficult to practice.

R. Morgan Pigg, l r . , HSD, MPH, FASHA, Editor, Journal of School Health, P 0. Box 708, Kent, OH 44240.

Journal of School Health February 1989, Vol. 59. No. 2 53