From: Nigel Allen <nigel.allen@canrem.com>
Subject: DOJ Files Housing Lawsuit Against New Haven Residents
Followup-To: alt.activism.d
Originator: rich@pencil.cs.missouri.edu
Organization: Echo Beach
Date: Tue, 28 Jul 1992 23:20:05 GMT

Press release from U.S. Department of Justice

 DOJ Files Housing Lawsuit Against New Haven Residents, Local
Neighborhood Association

 Contact: U.S. Department of Justice, Public Affairs, 202-514-2007

   WASHINGTON, July 27 /U.S. Newswire/ -- The Department of Justice
filed a civil rights lawsuit against three New Haven, Conn.,
residents and a local neighborhood association today, alleging they
took actions to prevent a family of 10 adopted and foster children,
all of whom are handicapped, from occupying a single-family residence
in New Haven.
   The suit alleges the defendants violated the Fair Housing Act and
illegally discriminated against the children on the basis of their
family status and their handicap.
   In announcing the lawsuit John R. Dunne, assistant attorney
general in charge of the Civil Rights Division, said, "The Fair
Housing Act requires communities to recognize the right of families
with children and handicapped persons to live in all types of
residential areas.  In this situation, a neighborhood sought unjustly
to keep a mother from providing her family with much-needed housing.
By filing this suit, we continue our efforts to use the courts to
advance the rights of families and the handicapped to housing that is
suited to their needs."
   The lawsuit was filed in U.S. District Court in New Haven against
Duncan Robinson, Elizabeth Robinson, Jack Brownlow and the
Ronan-Edgehill Neighborhood Association.
   The federal complaint alleges that shortly after Marjorie Eichler
signed a contract to purchase a residence in the Ronan-Edgehill
neighborhood, Duncan and Elizabeth Robinson convened a meeting of the
Ronan-Edgehill Neighborhood Association.
   Following that meeting, several efforts were made to discourage
the residence's owner, Albertus Magnus college, and the selling real
estate agent from completing the purchase.
   On May 1, 1989, the Robinsons filed suit against Eichler in State
Superior Court seeking to bar the sale and/or occupancy of the home
until Eichler received a zoning variance or special use permit.  The
Robinsons claimed that Eichler, because she housed foster children,
was operating a group home and not a private residence.  The
neighborhood was not zoned to accommodate group homes.
   On May 1, 1992, the Robinsons filed a motion for a temporary
restraining order (TRO) to enjoin Eichler from purchasing and
occupying the property.  The Robinsons' TRO application alleged that
the presence of the Eichler children in the neighborhood would cause
imminent harm to the Robinsons by diminishing the attractiveness and
value of their property, among other things.
   On May 18, 1992, the state court forbade the Eichlers from moving
into the property and on May 26, 1992, the state court reaffirmed its
order.  Also on May 26, 1992, the Ronan-Edgehill Neighborhood
Association intervened in the state court lawsuit, filing a complaint
alleging claims similar to those the Robinsons asserted and also
seeking injunctive relief barring the Eichlers from purchasing or
occupying the house.
   Although the Robinsons and the Ronan-Edgehill Neighborhood
Association subsequently dismissed their state court lawsuit once
they were notified of the federal government's investigation of the
matter, the pendency of that litigation endangered the state's
commitment to provide Eichler with financing and thus endangered her
ability to fulfill her contractual obligation to purchase the
residence.  In addition, the lawsuit caused the Eichlers considerable
inconvenience, stress and legal expense in their effort to move into
the home of their choice.
   Besides an order prohibiting future discrimination, the
department's complaint asks for damages for Eichler and her family
and a $50,000 civil penalty against each defendant.
 -30-
--
Canada Remote Systems  - Toronto, Ontario/Detroit, MI
World's Largest PCBOARD System - 416-629-7000/629-7044

Newsgroups: misc.activism.progressive