Lawsuit alleges racial discrimination against Black real estate investor selling float homes at Waldo Point Harbor in Marin County
A Black real estate investor filed a federal civil rights lawsuit against Marin County and its chief building official. The lawsuit alleges he was targeted with unlawful permitting requirements that were racially motivated.
"This is a place I wanted to retire. I was very excited about being here in Marin County. I don't have that excitement anymore," said Dietrick Burks.
Burks is an entrepreneur looking to selling float homes in Marin County. He said he didn't have any issues with permits or selling his first floating home in 2019 when he had a white business partner.
But in a lawsuit filed against Marin County on Tuesday, Burks alleges once the community discovered Burks was Black, he ran into problems getting permits for his two other floating homes.
"I was just shocked. I couldn't believe that in today's society, in the world that we live in today, that I was actually faced with having to deal with that," Burks said.
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The lawsuit alleges residents of Waldo Point Harbor petitioned the board of supervisors to stop Burkes. The lawsuit also claims that Marin County's chief building official, William Kelley "intercepted the plans" and collaborated with the board of supervisors to change the county municipal code to target Burkes' projects.
"It was only when he was doing the other ones by himself, that he encountered, essentially, these issues," said attorney Patrick Buelna.
Burks' lawyers claim he faced regulations that didn't exist in the municipal code, such as inspections before moving the floating home to Marin County.
"That had not been a requirement. That was simply a gate-keeping requirement in a gate that was only used to prevent him from entering into the Sausalito marina," said attorney Adante Pointer.
In February 2024, the board of supervisors did vote to tighten regulations governing floating homes.
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In a statement to ABC7 News, the county of Marin said it has not yet been served with the lawsuit, but that "once received, we will carefully review it and respond through the legal process. The County's building policies are applied uniformly and are not motivated by race."
Burks said once whistle blowers within the building department raised red flags about the obstacles he was facing, the permits finally were approved.
"There were several in that county government that said I was being held to a different standard," Burks said.
Burks did sell the homes. But his lawyers say he lost money due to the delays, and he is seeking compensation as part of the lawsuit.
