IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
CITY OF TOLEDO, OHIO; and
TOLEDO CITY COUNCIL,
Defendants.
________________________________
COMPLAINT
The United States of America alleges:
1. This action is brought by the United States pursuant to the Fair
Housing Act of 1968, as amended by the Fair Housing Amendments Act
of 1988, 42 U.S.C. §§ 3601 et seq. ("the Act").
2. This court has jurisdiction over this action pursuant to 28 U.S.C.
§ 1345 and 42 U.S.C. § 3614.
3. Defendant City of Toledo is a municipality organized under the
laws of Ohio, with all powers provided by the constitution and the
laws of the Ohio.
4. Defendant Toledo City Council is an elected body whose duties and
powers include policy formation, planning, lawmaking, and law
enforcement for the City of Toledo.
5. The City of Toledo exercises zoning authority over land within its
boundaries. The Toledo City Council is the governmental body which
enacts, implements, and enforces the City's zoning authority. The
City, through its City Council, has enacted and enforced zoning
regulations set forth in the Toledo Municipal Code, which
includes, at Part Eleven, regulations governing planning and
zoning within the City of Toledo.
6. The Toledo Municipal Code provides, in part, that living
arrangements for persons with a "handicap" as that term is defined
by the Fair Housing Act are "functional families" and, along with
"traditional families," are permitted uses in Single-Family
Residence Districts. Toledo Municipal Code, §§ 1103.16, 1117.01.
7. Section 1117.01(i) of the Toledo Municipal Code creates the
following spacing, distribution, and numerical restrictions with
regard to structures occupied by "functional families" that are
group homes for persons with disabilities:
a. they may not be located within the following distances from
another such structure:
SNIPPETS:
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OHIO
TOLEDO CITY COUNCIL,
This action is brought by the United States pursuant to the Fair Housing Act of 1968, as
Defendant Toledo City Council is an elected body whose duties and powers include policy
The Toledo City Council is the governmental body which enacts, implements, and enforces the
The City, through its City Council, has enacted and enforced zoning regulations set forth in
The Toledo Municipal Code provides, in part, that living arrangements for persons with a
Section 1117.01of the Toledo Municipal Code creates the following spacing, distribution, and
The spacing, distribution, and numerical restrictions set forth in Paragraph 7 above impose
Advanced Living is licensed to operate as an adult group home at the Talmadge Road home by
Family Tree, LTD, operates an adult family home for up to five elderly persons with
The defendants required that Family Tree and Advanced Living obtain Special Use Permits from
At several of these City Council meetings, the Toledo City Attorney advised the Council that
A pattern or practice of resistance to the full enjoyment of rights secured by Title VIII of
The defendants' discriminatory conduct was intentional, willful, and taken in disregard of
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