Bell v. Episcopal Church Home Inc.

No. 2:05-1953-DCN-RSC (D.S.C. July 26, 2005) ; Clearinghouse Number: 55910

Description

Resident with Lou Gehrig’s disease Charges that Retirement Home’s Ban on Long-Term Personal Care Attendants in Independent Living Units Violates Federal Disabilities and Fair Housing Laws

Abstract

Plaintiff 80-year-old woman with Lou Gehrig’s disease is suing defendant continuing care retirement community; plaintiff claims that defendant’s policies of excluding from its independent living units people who need assistance with daily living and of prohibiting long-term use of personal care attendants violate the Fair Housing Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq., and the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. Plaintiff, a resident in one of defendant’s independent living units, developed Lou Gehrig’s disease and hired permanent personal attendants to assist her in daily care. Defendant allows only temporary personal attendants and informed plaintiff that, because she required daily care, she no longer met fitness requirements for independent living and must move into its nursing home facility or vacate. Plaintiff argues that defendant’s policies unlawfully classify and segregate residents based on the nature and severity of their disabilities. Defendant failed, according to plaintiff, to accommodate her disabilities by refusing to allow her to use personal care attendants to maintain her independence and quality of life in the living arrangement of her choice. Plaintiff seeks declaratory and permanent injunctive relief to end the discriminatory policies; she also seeks contract reformation and monetary damages. A consent agreement reached while litigation is pendant allows plaintiff to remain in her current living situation.

Additional Information

Attorney Information
Plaintiff represented by Harriet McBryde Johnson, 171 Church St., Suite 160, Charleston, SC 29401 (843.722.0178); Susan Ann Silverstein, AARP Foundation Litigation, 601 E. St. NW, Room A4-140, Washington, DC 20049 (202.434.2159).
Docket Date
2005-07-26 00:00:00+00:00
Attorney Email
ssilverstein@aarp.org