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Appeal to Seventh Circuit and Amicus Briefs
On August 2, 2017, the Kennedy Hunt, P.C., III obtained a preliminary injunction from the District Court in the Central District of Illinois prohibiting the eviction of our clients during the pendency of the underlying Fair Housing Act lawsuit against the City of Springfield. On August 28, 2017 the City appealed the preliminary injunction order to the Seventh Circuit Court of Appeals.
Equip for Equality, an organization who advocates for persons with disabilities, and the Department of Justice filed amicus curiae, or “friend of the court,” briefs supporting our clients. In their brief, Equip for Equality argues that persons with disabilities benefit from community living, that Illinois has very few persons with disabilities in their communities, and that Springfield’s actions completely interfere with the right of our clients to enjoy their community. The brief filed by Equip for Equality can be read here, with more information available on their website.
Similarly, the Department of Justice argues in support of the August ruling that the zoning code enforced by the city intentionally discriminates against persons with disabilities who live in group homes, and that their failure to accommodate our clients by refusing a special use permit is in violation of the Fair Housing Act. The full brief filed by the Department of Justice can be read here.
Oral argument in this matter is scheduled for early February 2018.