« Ind. Courts - Complaint filed against Johnson County prosecutor | Main | Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 1 NFP memorandum decision(s)) »

Tuesday, September 27, 2016

Ind. Courts - ACLU of Indiana Sues City of Lawrenceburg for Discrimination against People with Disabilities

From the news release:

Indianapolis -- The American Civil Liberties Union of Indiana filed suit against the City of Lawrenceburg, Ind. today on behalf of an organization that assists people with disabilities, saying the city has engaged in "intentional discrimination" by preventing the organization from building a supported living home for people with disabilities. The lawsuit claims that the city violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, in addition to Indiana law and several federal statutes that protect people with disabilities.

The case was filed on behalf of New Horizons Rehabilitation, Inc., which serves the needs of people with intellectual and developmental disabilities in the southeast Indiana counties of Dearborn, Decatur, Franklin, Ohio, Ripley and Switzerland. The organization provides a variety of services to its clients, including job training and community-based employment, day services and individualized home and respite care and supports in five homes it already operates. In 2013, New Horizons was donated property in Lawrenceburg with the understanding that a home for individuals with disabilities would be built on the site.

These supported living homes are recognized in Indiana Code ยง 12-28-4-8, which specifies that such homes be classified under the same zoning requirements as other residential structures. However, Lawrenceburg has instead classified the residence as a "boarding house or medical facility."
Here is a copy of the 8-page complaint.

Posted by Marcia Oddi on September 27, 2016 10:39 AM
Posted to Indiana Courts | Indiana Government