Around the water cooler — Markham case

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Each week I will highlight a different case or legal happening, and solicit your thoughts on the impact of it in the legal community.

Senior Federal District Judge Milton Shadur entered an agreed order April 1 confirming what is believed to be the largest private settlement of a fair housing/ disability discrimination suit of its kind in Illinois history, according to Ungaretti & Harris.

Under the order, Markham will pay $400,000 to settle disability and housing discrimination claims brought in January against the city, its mayor, David Webb, Jr., and other municipal officials by a developmentally disabled resident and the non-profit operator of his group home, St. Coletta’s of Illinois.

The order obligates the city to comply with all applicable fair housing laws and to exempt St. Coletta’s from any future ordinances, regulations or licensing requirements for group homes for the developmentally disabled. It also provides that the court will maintain supervisory jurisdiction to enforce its requirements for five years.

The case alleged that Markham city officials systematically blocked St. Coletta’s establishment of a group home for developmentally disabled residents from November 2007 to January 2008.

The settlement came after the city was forced to admit that its mayor personally took the unprecedented step of ordering the water service to the residence cut off in January. The suit also alleged that Markham’s efforts to exclude St. Coletta’s came while the city and mayor were under a conciliation agreement with the U.S. Department of Housing and Urban Development resolving a prior housing and disability discrimination complaint by another operator of a separate Markham group home for the developmentally disabled — Karriem’s Developmental Services, Inc.

Nicholas Anaclerio, one of the lawyers who represented St. Coletta’s and a partner at Ungaretti & Harris, said the case sends a strong message to other municipalities that they must understand the fair housing laws and comply with them.

“We’ve got a lot of years between us and the institution of these laws,” Anaclerio said. “Yet people with disabilities and those who are advocates, like St. Coletta’s, do encounter some staunch opposition. I don’t think any elected office services their constituents well who isn’t aware of or who doesn’t comply with these laws.”

One of the challenges of this case was trying to avoid a lawsuit, he said. His client tried to work with the other side to address any concerns, unfortunately, litigation could not be avoided.

He also said it was a challenge to find both monetary and non-monetary relief - but they did.

“It would be wise for any municipality, small or large, particularly those that don’t have employed legal counsel to make sure they understand the [law],” Anaclerio said. “Probably the majority of towns and cities and villages are anxious to comply with the law and if they understand what the requirements are, they are going to do their best to meet them.”