Children’s Alliance v. City of Bellevue

No. C95-0905Z (W.D. Wash. June 13, 1997) ; Clearinghouse Number: 50707

Description

City Ordinance Restricting Group Homes for Children Is Invalidated

Abstract

The district court has held that defendant city’s ordinance restricting the siting and operation of group homes for children violated the Fair Housing Act and state antidiscrimination law. The ordinance challenged by plaintiffs—three nonprofit organizations and a minor child—removed the outright ban on group homes in residential areas but continued to treat group care facilities differently by placing them in separate classes. Group homes for children were excluded from residential zones if the home, inter alia, was not the "regular family abode" of the person providing the care and holding the license or persons who fit the ordinance’s definition of "dangerousness." The court held that the Fair Housing Act’s provision on "familial status" protected children in group homes and that the ordinance constituted intentional discrimination on the basis of disability and familial status. Finding no evidence that residents of group homes for children were either more dangerous than they would be if they lived with families or more dangerous than residents of permitted group homes, the court noted that defendant was operating under stereotyped notions about certain types of group home residents. The court held that the ordinance’s restrictions on dangerous persons were not impermissibly vague and ambiguous. Counsel notes that, after the court granted summary judgment, the parties settled. Defendant agreed to adopt a new ordinance without special restrictions on the siting, size, staffing, occupancy, or operation of group homes for children. Instead they will be governed by the same rules as for single-family homes. The court awarded plaintiffs $239,441 in fees and $6,179 in costs.

Additional Information

Attorney Information
Plaintiffs represented by Michael Mirra, Steve Frederickson, Columbia Legal Services, 625 Commerce St., Suite 430, Tacoma, WA 98402; (253) 572-4343.
Docket Date
1997-06-13 00:00:00+00:00