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.

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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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