Arizona Realtor Files Lawsuit Claiming Realtors’ Anti-discrimination Rule, Which He Allegedly Violated with Political Memes, Tramples the First Amendment

Chad DeVries

A realtor who was found to have violated an anti-discrimination rule due to posting memes on his personal anonymous Instagram account critical of LGBTQ has filed a lawsuit against the Arizona Association of Realtors (AAR). Represented by attorney Ryan Heath, Chad DeVries filed Devries v. Arizona Association of Realtors in July 2024, alleging that the AAR did not have authority over his personal conduct, and asserted that by punishing him, he will not be able to access the Multiple Listing Service (MLS) for real estate, preventing him from doing his job until the discipline is completed.

Podcaster and real estate pro Notorious Rob posted a couple of the memes from DeVries’ Instagram account, which is accessible only to followers and does not have his name on it. One of the memes shows a pregnant man with another man, titled “Man Gives Birth to Child.” DeVries added a comment, “I feel like we live on Mars. WTF”

Several realtors who are competitors of DeVries (pictured above) filed the complaints against him. They also accused him of discrimination for posting memes making partisan jokes, including poking fun at Democratic politicians.

“Ironically, one of the posts cited as evidence of an Article 10 violation features a statement by Plaintiff that he has ‘two married gay children whom he ‘love[s],’” the complaint said. During an interview with Notorious Rob, DeVries said he also has numerous gay clients. He said they send him similar memes, “We used to be able to laugh in this country.”

The complaint said an AAR Hearing Panel held a hearing last fall and found that DeVries allegedly violated “Article 10 [of the Code of Ethics] as supported by Standard of Practice 10-5 and Professional Standards Policy 29.” Article 10 prohibits realtors from discriminating “in their real estate employment practices … on the basis of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity.”

The panel recommended placing a letter of reprimand in his file, fining him, and required that he take a Fair Housing class.

He appealed to a national panel, which held a hearing in March. They adopted the findings of the Hearing Panel, despite concluding that he had not discriminated in his professional capacity against anyone.

He also sued several realtors, who are his competitors in Yavapai County, for bringing the complaints against him.

DeVries has been a member of AAR for over 29 years and has never received an ethics complaint. He said during the interview that he is considered the top realtor of 2,000 realtors in his area, and was given a local award for his service.

He believes the complaints are retaliation for running for Prescott City Council. As a “conservative Christian,” DeVries said he was never targeted so much in his life. His fellow realtors started attacking him. Even though he went through a divorce in 2005, “they knew more about my divorce than I did.” His wife was scared to leave the house for six months while he was running.

As a candidate, DeVries spoke out against a drag show that allowed children to attend, violating city regulations. He said even though the Prescott area is “70 percent conservative,” there is a small noisy minority.

His lawsuit argued that the AAR did not have the authority to hold DeVries accountable. The panels found that he “allegedly violat[ed] ‘Article 10-5’ of the Code of Ethics (which … is not even a provision of the Code of Ethics).

“Under the clear terms of the Constitution, Bylaws, and Code of Ethics, the Professional Standards Committee has no authority to amend the Constitution, the Bylaws, or the Code of Ethics. Because Standards of Practice are not effectuated by NAR’s Directors, they are not contractual obligations that AAR members must follow,” the complaint explained. “Rather, they are merely explanations and illustrations adopted by the NAR’s Professional Standards Committee. See Exhibit 3, at 27 (explaining that ‘a Realtor® cannot be found in violation of a Standard of Practice[.]’).”

Similarly, the “Professional Standards Policies, like the Standards of Practice, are not contractual obligations binding Plaintiff.”

The lawsuit accused that guidance of impermissibly expanding the AAR’s Code of Ethics. The Code of Ethics prohibits discrimination in “professional services” and “employment practices,” whereas the guidance “contradict[s]” them by “allowing discipline for alleged discriminatory statements made with respect to all activities, generally.” The complaints against DeVries do not allege that he discriminated in his professional capacity.

Heath asked the complainants during the hearing if they had reviewed the ethics rules and they all admitted they had not.

DeVries’ lawsuit accused the defendants of violating his First Amendment rights — including a conspiracy to do so — breach of contract, and tortious interference with contract. In addition to attorneys fees and costs, DeVries is requesting punitive and exemplary damages.

DeVries said not enough realtors are speaking up against it. He said the rules keep changing and they’re just expected to deal with it.

DeVries is considering filing an ethics complaint against the realtors who went after him. Heath said the board has set itself up to be sued due to ratifying the decision against DeVries. Heath said the complainants have already retaliated against him by filing bar complaints against him, but he has dealt with them and the State Bar of Arizona agreed to a diversion agreement, which means no formal discipline.

Since the lawsuit was filed, there have been many dueling pleadings and motions filed, with the litigation appearing to be ongoing for a while. Heath told The Sun Times, “My client is just the first to sue over this free speech issue, he deserves praise for standing up. NAR/AAR are radical organizations, and the fight is long and hard.”

Notorious Rob summarized the complaint, “Their case might end up undermining the entire structure of Realtor Associations everywhere, and is a very important free speech rights case.”

Heath told The Sun Times, “My client is just the first to sue over this free speech issue, he deserves praise for standing up. NAR/AAR are radical organizations, and the fight is long and hard.” There has been a flurry of pleadings filed by Heath and opposing counsel since the lawsuit was filed, with the case likely headed for trial.

– – –

Rachel Alexander is a reporter at The Arizona Sun Times and The Star News NetworkFollow Rachel on Twitter / X. Email tips to [email protected].
Photo “Chad DeVries” by Chad DeVries.

 

 

 

Related posts

Comments