By: Maryanne Quill
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Favorable Ruling in the 7th Circuit
On March 1, 2018, Judge Joel M. Flaum delivered a favorable opinion on the oral argument delivered by Thomas Kennedy at the Seventh Circuit Court of Appeals on February 8th, 2018. Oral argument was held on appeal of the preliminary injunction granted by Judge Richard Mills.
The lawsuit alleges that the city of Springfield, Illinois unlawfully discriminated against Plaintiff, Individual Advocacy Group, who provides in-home services for our clients, a group of disabled adults. The city discriminated against those adults by imposing an ordinance preventing them from living 600 ft. within another group home and failing to grant an accommodation for a conditional use permit to allow them to stay in the home. By denying such a reasonable accommodation, the city’s actions constituted a violation of the Fair Housing Act and the Americans with Disabilities Act.
After oral argument on July 13, 2017, Judge Richard Mills issued a preliminary injunction preventing the city from enforcing the ordinance and evicting the individuals who live inside the home. If evicted, these individuals could face institutionalization. The city immediately appealed.
Judge Joel Flaum determined that our clients’ request for the accommodation was reasonable under the Fair Housing Act and the Americans with Disabilities Act. A failure to grant such an accommodation is a violation of those laws. This opinion affirms Judge Richard Mills’ decision, and found that the preliminary injunction is proper. This decision ensures our clients will not face the threat of eviction and institutionalization during pendency of the litigation. The opinion can be read here.