Is this illegal discrimination?

HenryBHough

Diamond Member
Jul 14, 2011
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Oak Grove, Massachusetts
Fella I have known for years has a cabin on land leased from a native American tribe. Lease is year-to-year for a reasonable fee. He has had the site for over ten years. Terms require that when the lease is terminated the site must be restored to the extent of removing any improvements (except gravel pads/driveways) OR leaving the improvements in place for the tribe to dismantle or rent out as they see fit.

Recently he was told his lease is terminating this summer despite his having paid up annually. He has until end July to remove his cabin or surrender it. It's in good condition so the odds are about 100% it would be kept and rented out for profit.

Reason? He's white. The original policy, adopted when the tribe got the land from the feds, was that it could (but did not have to) lease to anyone without regard to race, religion or colour. So as of 2016, it's available for least only to tribal members and, being white, he can't join the club.

So.....does this smell enough like discrimination that he should file a civil rights suit? Or should he just roll over?

In any case, he's resolved that if the decision stands he will remove the cabin and put it in storage or, if the cost is too great, he'll burn it down and clean up the ashes....but in way will the tribe take what he has built and turn it to their own rental.

Thoughts?
 
Well, he understood that it was a year to year lease, and he also understood that the tribe could change their policies at any time.

I don't think he would have any legal standing to sue for discrimination, so his best bet is to take the cabin to somewhere else.

Shoot, he might be able to advertise it for a cheap price, and get the people who buy it to move it somewhere else.
 
If he's single, find the folks that made this decision, hire a P.I., and then, be sneaky.

Trick one of their daughters to fall in love with him and marry her.
 
Unless the lease agreement includes some sort of an option to renew at the end of the term, the tribe is under no obligation to enter into a new lease agreement.
 

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