On March 16, 2020, U.S. District Court Judge Richard H. Mills granted Partial Summary Judgment on behalf of the Plaintiffs in Valencia, et al. v. City of Springfield, as to the liability of Defendant, City of Springfield, Illinois.  Valencia v. City of Springfield, No. 16-3331 (C.D. Ill. Mar. 16, 2020). Read the opinion here.

Valencia, et al. v. City of Springfield alleges discrimination by the City of Springfield, Illinois, in violation of the Fair Housing Act. The lawsuit seeks to prevent the closure of a three-person group home in Springfield, Illinois, allegedly in violation of the a discriminatory City ordinance requiring 600 ft. of space between group homes in the City. Kennedy Hunt, P.C. represents Plaintiffs Individual Advocacy Group, a provider of in-home support to persons with intellectual and developmental disabilities, as well as the sister of one of the former residents of the home, now deceased. The lawsuit seeks injunctive relief against the City and damages to compensate the Plaintiffs for the injuries caused by the City.

The U. S. Dep’t of Justice filed a companion case, U.S. v. City of Springfield, No. 17-3278 (C.D. Ill.), alleging the City’s ordinance violates the Fair Housing Act. The companion case also seeks injunctive relief and damages for the individuals it represents, as well as a civil penalty against the City.

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A preliminary injunction order was entered by Judge Richard Mills prohibiting evictions while the case was pending. The City appealed the decision immediately to the Seventh Circuit Court of Appeals. The Seventh Circuit denied the appeal. You can read the preliminary injunction order here and read more about the appeal here.

Both parties moved for summary judgment. On March 16, 2020 Judge Richard Mills granted summary judgment on behalf of Plaintiffs and the Department of Justice, finding the City liable for its discriminatory conduct. Judge Richard Mills denied summary judgment on behalf of the City, holding there were still genuine issues of material facts in regard to the City’s arguments.

This case is now set for a jury trial on the issue of damages, injunctive relief, and the civil penalty to be imposed against the City.

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The federal Fair Housing Act prohibits discrimination in housing based on disability, race, color, religion, national origin, sex, and familial status. The Americans with Disabilities Act and Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability.

Plaintiff Individual Advocacy Group (“IAG”), provides  housing services  to adults with developmental disabilities. IAG contracts with landlords and provides in-home services to support individuals with disabilities so they can live in the community rather than an institution. Three IAG consumers live together in a home in Springfield. These individuals have severe disabilities and have extremely limited options for housing outside of institutionalization.

In 2016, the zoning administrator for the City of Springfield informed the residents of the home they were in violation of the Springfield zoning code because they were located within 600 feet of a group home. The zoning administrator told the residents they would need a special use permit to continue living in their home. The residents applied for the special use permit but were subsequently denied.

Our office filed a lawsuit after the permit was denied, arguing that refusing to grant a special use permit constitutes a failure to accommodate under the Americans with Disabilities Act, since Springfield would not alter their policies to accommodate our clients, who are individuals with disabilities, to allow them an equal opportunity to dwell in a residential neighborhood. Further, the lawsuit argues that the City’s ordinance discriminates against persons with disabilities on its face by applying the term “family” differently to persons with disabilities. The lawsuit states Springfield has chosen to interpret the term “family” in a variety of ways over the years, to pick and choose which groups of people are allowed to live together in residential areas.

This lawsuit seeks to prevent Springfield from enacting and enforcing these discriminatory zoning ordinances and policies, promoting individuals with disabilities to live independently within our communities and outside of institutions.

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