Did an Encinitas official’s Facebook post violate the Civil Rights Act? A lawyer says no

The city of Encinitas has rejected a claim that it violated the Civil Rights Act of 1964 when a committee member made a social media post during Black History Month that critics said demeaned the Black community. 

It’s the latest reprieve for Urban Forest Advisory Committee member Steven Houbeck and the latest rejection for a group of community members who have called for his removal. Last month, four of five City Council members decided not to remove him from his post.

In a February post on the popular “Encinitas Insider” Facebook page, Houbeck characterized an email Superintendent Anne Staffieri of San Dieguito Union High School District sent to parents as “depicting Black contributions to American history.” He wrote that a video showed “scenes of blacks dressed in tribal gear banging on drums.”

Community members were upset by Houbeck’s use of the term “blacks” and his description of a beloved artform. They began showing up to City Council meetings calling for his removal in February, and submitted a civil rights complaint on April 1.

In a video message shown at an April Encinitas City Council meeting, Houbeck apologized for his post and said he’ll be more mindful of his language going forward.

The grievance said that his “race-based rhetoric marginalizes African-American residents and our cultural contributions to the city” and “creates a hostile environment.” It also said his language was offensive and reductive and perpetuates harmful stereotypes about Black culture.

In an April 28 letter, San Jose-based lawyer Timothy L. Davis, acting as Encinitas’ designee for so-called Title VI claims, denied the grievance as “invalid” and said that the Civil Rights Act  was “not the proper forum” for resolving the issue.

Davis wrote that the Title VI grievance process “exists to address claims that an individual or group has been excluded from participation in, denied the benefits of, or subjected to discrimination under a federally funded program or activity.”

He said, “That is not the case here.”

“It is important to note that the City’s determination does not constitute a finding as to whether Houbeck’s post was racially offensive or discriminatory,” Davis wrote. “Rather, the City’s finding is limited solely to the question of whether Houbeck, in his official capacity as a UFAC member, engaged in discriminatory action such that it violated Title VI.” 

Encinitas must comply with Title VI of the 1964 Civil Rights Act and ensure it provides services and benefits on a nondiscriminatory basis because the city receives federal funds.

Houbeck made his Facebook post two days after he was appointed to the committee, and had his first meeting on March 26. The city’s letter said that in his role on the committee, there was no evidence that Houbeck “reviewed or provided comments on City plans or policies related to urban forestry in a manner that subjected any person to discrimination.”

The claim was filed by Encinitas resident Daunté Fyall. City staff met with him, his wife Tia Grant, Theresa Beauchamp and her husband Bob Ayers on April 14 to discuss their concerns. They had been part of the group that showed up at City Council meetings urging the council to remove Houbeck. 

Councilmember Joy Lyndes put Houbeck’s possible removal on the agenda at an April meeting, but her motion died without support from any other colleague. In that decision, Mayor Bruce Ehlers said it wouldn’t be appropriate to take action before the civil rights claim was resolved.

Beauchamp said community members will ask the city to host mandatory anti-bias training for all elected and appointed officials.

Davis’ letter said the city’s decision to reject the civil rights claim is “final and binding” and that it could neither be appealed nor reconsidered. But Beauchamp said the community members may file a complaint with the state civil rights department or the civil division of the San Diego County District Attorney’s Office.

Fyall said seeing the city’s rejection of his complaint was devastating. 

“It just felt like the city maybe didn’t have an ear for the voice of people who look like me,” he said.

Editor’s note: Theresa Beauchamp is an inewsource donor. Our policy is to disclose when supporters are named in stories.