"The Justice Department is suing more than two dozen local architects, engineers, developers and real estate investors, saying they built multifamily housing that doesn't provide adequate access for people with disabilities . . . "
says the lead story in Sunday's Courier-Journal business section (read entire story).
Good, I say.
But notice: the suit is part of an effort to enfore the Fair Housing Act. While the lawsuit does incorporate violations of the Americans with Disabilities Act, the reason the enforcement action is being taken is because of the Fair Housing Act.
National disability rights activists back in the 1980s were savvy enough to get access requirements built into the nondiscrimination provisions of the Fair Housing Act when it was amended back in 1988. The Fair Housing Act was a big civil rights deal back when it was passed in the 1960s. They figured disabled people would fare better by being guaranteed housing access as part of an already-important civil rights law, than with their own "special" access law.
They were right.
The Dept. of Justice, for example, ENFORCES the Fair Housing Act. But no federal agency is required to ENFORCE the Americans with Disabilities Act.
The 1988 amendments to the Fair Housing Act expanded the law to provide nondiscrimination to people with disabilities, and requiring access is part of that nondiscrimination deal. (You can learn more about the Fair Housing Act's requirements for access here.)
Things to pay attention to when you read the story:
The "disabled-people-don't-mind" defense:
Donald J. Cook, a developer linked to all 11 projects, said he has already spent more than $100,000 in fees for attorneys and consultants since he first became aware of the inquiry about a year ago. Cook said he's not aware of any complaints from residents at the developments. ..
The "it's the fault of conflicting laws!" defense:
Bill Schreck, who oversees building permits for Louisville metro government, said [state building] codes . . . haven't always matched up with the Fair Housing Act, and it was only in July 2005 that the state rules were updated to cover the issues targeted by the lawsuit.
The "lawsuits-are-evil" defense:
"It amazed me how we have people in the government, and this is how they spend their time," [Michelle] Hawkes said of the government's testing program. "They go out and solicit the lawsuits."
and
Bill Fischer, another executive with Renaissance, said the government money would be much better spent on education campaigns and efforts to update local building codes to conform with federal laws.
--
