on the twenty seventh of october two thousand and four the honorable judge thomas silly to enter the border just dismissing our claims with prejudice we believe the order should be reversed our claims are based on our allegations and we believe we were retaliated against but hold our listener my question and i don't need to know the whole case to move on to it i just want to know are you trying to get a job where they pay you were you trying to get  position on a board where they don't pay you for the board as an unpaid position is there one position available on the board at that time there was a position reserved for a channel for public housing owned or managed by the king county hous king county housing authority in king county have also alleged that our complaints were not filed in a timely matter we believe these allegations fail for a number of reasons we far claimed within three years after being made aware that we were discriminated against on the basis of work on the basis of retaliation and just going against for having filed a previous section three complaint in a section is the idea that they thought you were troublemakers still they didn't put you on the board they claimed that there was a conflict of interest is and that i correct that only one of you could possibly w for the position there was only three of us that applied and the why do you think they're not allowed to discriminate against you if they think you're  and i can read that to you i've got it right here and we believe that covered for having filed section three plates in the past but i think what happens is that king county housing authority took it a little farther than just that they actually stated that we had pending lawsuits and pending claims against king county housing authority when we applied for the position we didn't have pending claims for pending l the fact that we had filed complaints in the past regarding section three and stated that because we follows complaints we cannot be a commissioner there be a conflict of interest how could you make any money out of it i would have thought it canonic opportunities and employment opportunities would be something where they pay you this is the slot where they don't pay you it's extremely important to residents of the housing to find out what's important there are lots of unpaid seats that all of us hold to create policy how do you make money out of being able to create policy by being able to enforce the section three regulations which requires the housing authority to hire residents for certain jobs that are become avail we consider right now assuming all that it looks to me from reading this as though if you can't make money out of it then this law just doesn't give your point but if i missed mistaken just show me the words you're looking at and show me how they in motion my client here was sued for what was essentially course speech exercise of the first amendment expression of an opinion about whether or not a person was appropriate to be a member of the god of a governing body of the public discrimination cases it creates discrimination in favor of low income very low income persons for the purpose of giving them priority in projects that are funded by hooks in other words for housing against a person because the person has made a complaint well the regulation is under a statute and regulations don't create causes of action where congress didn't intend them the regular of our youth are you saying there is no cry because of the action are you saying there were some authorities that were cited by mr equate none of them are on point if they relate mostly to the title seven cases or title nine cases which are completely different animals that's a real reach to hold that regulation is up for a virus and because the statute doesn't authorize it we do it now and then but i'd sure be a whole lot more comfortable with you have some precedents to justify doing it well then what's more it's it seems like a particular stretch in this case because  the housing authority is not taking the position here that it can discriminate against parts body and hiring person's employment or in awarding contracts for because they need section three complaints we're talking about the well that's a very tenuous connection that may or may not be true it's kind of i don't see why it's tenuous we're just hiring law clerks right now and we hire him for about one third of one half of what the private market would pay them and the reason they do it and we have no trouble getting the best applicants is that so good on their resume to get some tremendous opportunity afterward but i assume that you do pay them that they are your employees we pay them but we pay them vastly less than their market value nevertheless we get the cream of the crop because of the economic opportunity that that resume item gives them i understand that but i think this is this isn't a situation like this is completely unpaid and it's not an employment position i don't think it's the is not only don't you get paid if it costs you a fortune to be present in the state bar association because you've got so many hours away from your practice the opportunities it gives you are best well they were pretty far afield from what section three of that act was about and you know i can't deny that there might be some why isn't an economic opportunity to have an unpaid physician on the commission because of the resume very well that's what i'm saying is that i the position itself is not an economic position so you're saying that by having that experience once they've done it that might help them economically down the road just yet but i think with the stature the best opportunities for training and employment appointment of a public official this is the person who governs the housing authority what is it going to do to the housing authority if you've got somebody that's been fighting the housing authority and suing them and has claims against them and has threatened to make more claims against them get on the board  public construction projects or given the low in very low income persons to get that's more specific to construction projects that it's a very specific project not the government's or the housing authority and if as those limitations in there a are so i think it's consistent there's one minute left and i  what the study that i did i lost an opportunity to become a commissioner because i filed a section three complete where i alleged that i was refused a job with king county housing authority that i had applied the board itself it is an opportunity commissioners are pointed by the housing appointed to the housing authority board of directors especially the r commissioner may have never had any experience in that field once they're able to become a part of that board though they do gain experience was true and it's a very good thing from the the washington statute did not live who actually lived in private housing and that's very important because king county advertised the position for a person who actually lived in public housing that was owned by the housing