Fair Housing and Community Empowerment: Where the Roof Meets Redemption. Litigation as a Tool and Site of Empowerment in Preserving a Historic African-American Community from Municipal Destruction

Judith E. Koons

Judith E. Koons is a writer, lawyer, and theology student at Emory University. Ms. Koons served for twelve years as the Managing Attorney of the Brevard County office of Central Florida Legal Services and then as Assistant Clinical Professor at the University of Mississippi School of Law.

The story of Cocoa, Florida and how its residents fought to keep their land addresses social and political issues that almost every minority group has encountered at some point in history. In Cocoa, a zoning ordinance was passed that would have forced African-Americans off of the land they rightfully owned. However, the citizens were not about to go peacefully. Their story is one of empowerment and how an individual with the right strength and determination can gather the forces of her people and fight back against the majority.

The goal of empowerment of poor communities may be served through a model of lawyering that includes traditional legal strategies paired with strategies of community mobilization on the front end and strategies of community economic development at the remedy stage. The example of Cocoa provides evidence that argues against the idea that the attorney-client relationship and litigation disempowers poor clients and communities, demonstrating that legal tools and the energy of the community may be mutually empowering.

The story of Cocoa is laid out in seven parts, each dedicated to a different stage of the fight the Cocoa residents engaged in to retain their property, ranging from the grass roots mobilization of the community to the legal proceedings. Problems range from real estate laws regarding the zoning ordinances to human rights laws regarding discriminatory procedures and policies.

The history of Cocoa helps inform us of the struggles faced by every minority group all over the world. There is often a competition for power between the government and the people, and usually the government wins. But the tale of Cocoa emphasizes the importance of empowerment and the goal of not necessarily winning but in fighting the sense of hopelessness. It gives us all a sense of hope and faith in our abilities to affect our own futures if we are willing to take the initiative.

Vol. IV, No. 1, p.75 (1996)

Revised July 17, 2003 (MD)