Randolph settles bias suit for $350k
Planning Board chief denies race figured in case
A white woman has won a $350,000 settlement against the Town of Randolph and the chairman of its Planning Board, after alleging that the chairman blocked her from subdividing her property when he learned she lived with a black man and had two children with another black man.
Barbara Mersal, 58, had asserted in her suit that Richard Goodhue, the Planning Board chairman, had violated her civil rights by blocking plans for her property. The suit alleged that she was “unlawfully bullied, intimidated and threatened’’ because of his “racial and gender bigotry.’’
In the settlement, the Town of Randolph, which struggled with racial issues in years past as its demographics changed, admitted to no wrongdoing in the settlement. The settlement was paid by the town’s insurance company.
But Mersal’s attorney, Charles M. Waters, portrayed the settlement as a victory.
“This case was about bullying,’’ he said yesterday. “Barbara Mersal stood up for herself against bullying and the results of the settlement speak loudly.’’
In a brief interview last night, Goodhue denied the allegations that he used slurs or discriminated against Mersal, and he noted the settlement implied no wrongdoing. The lawsuit was settled because the town’s insurance company wanted to settle, he said.
“The insurance companies are bean counters,’’ said Goodhue. “They do whatever is cheapest.’’
The case was settled in mid-May, but the fully executed settlement and check were delivered yesterday, Waters said.
The case had been scheduled for trial at the end of last month.
The suit included depositions from two town employees and a former town employee. One said Goodhue told a town official to deny Mersal access to public documents and described her with an obscene slur. Two said Goodhue used a racial epithet to describe blacks.
The case stems from a suit Mersal filed in 2007 in Norfolk Superior Court after her attempt to subdivide her Roel Street property was turned down unanimously by the Planning Board, which said her plan did not meet local bylaws.
The Planning Board had dealt with her professionally when she initially filed plans in 2004, but that changed by the following year, she said in the suit. She said she found herself under attack from Goodhue, “who raised his voice and yelled.’’
Details she thought had been worked out, such as the width of her driveway, were raised again by the board. The Planning Board turned down her plan, and she appealed to Land Court, which ordered the board to hold another hearing. The Planning Board again shot down her plan.
In the meantime, she learned from residents about Goodhue’s allegedly “sexist and racist views,’’ and she obtained affidavits, including one from a former board member, who said he believed the board’s view changed because Goodhue found out she lived with a black man.
Besides civil rights violations, Mersal alleged violations based on gender and intentional infliction of emotional distress.
In one affidavit, a Haitian man who was the town’s assistant civil engineer said Goodhue used a racial epithet against him twice and the word monkey once. A heated confrontation between the assistant civil engineer and Goodhue was reported to police.
The assistant’s superior said in another deposition that Goodhue told him not to give Mersal documents and on two occasions referred to her using a misogynistic slur.
The former member of the Planning Board also said in a deposition that Goodhue used a racial slur to refer to a black applicant who wanted to develop a subdivision.
Goodhue later filed a defamation suit against Mersal, based on comments she made in a Globe story in 2007 about her lawsuit. The Appeals Court dismissed the case and ordered that Mersal should be paid about $21,000 in attorney’s fees.
The town has struggled with racial issues in the past. Randolph is about 50 percent white, 35 percent black, and 12 percent Asian, according to 2008 US Census data.
In 2003, a black off-duty Boston police officer said a gun was pointed at his head by Randolph officers who thought he was a suspect in shooting. Later that year, black youths and police fought at a parade, which led to public hearings in which town officials and police began to work with community leaders on a strategy for regaining trust.
“Barbara is thrilled to have the case resolved,’’ said Waters. “The last couple of years have been trying and difficult.’’
Matt Carroll can be reached at mcarroll@globe.com. Follow him on Twitter at GlobeMattC. 
