PRESS RELEASE
April 16, 2003
  

Federal Court Decision
Favors Zeke's House: City Law and Agency
Actions Held to be Discriminatory

The federal court for the District of Columbia has held that the city's zoning ordinance discriminates against people with disabilities, and that the Department of Consumer and Regulatory Affairs (DCRA) violated the rights of a non-profit agency and five formerly homeless men when it tried to prevent the opening of Zeke's House in Northwest Washington.

The lengthy ruling, handed down by U.S. District Judge Thomas Kennedy on April 16, 2003, completely vindicates the position of the Community Council for the Homeless at Friendship Place (CCH/FP), which sought to establish a permanent home for five formerly homeless men near Chevy Chase Circle.  CCH/FP, represented in the case by the Washington Lawyers Committee for Civil Rights, claimed that city officials, in an attempt to placate neighborhood opponents, improperly classified the house as a facility requiring a certificate of occupancy and extensive inspections.  Judge Kennedy agreed, finding that:

  • The District's ordinance clearly discriminates against people with disabilities by requiring them to comply with stricter and more invasive requirements than apply to people without disabilities;
  • Without justification, DCRA asked invasive questions about Zeke's House and its residents that it never would have asked of people without disabilities;
  • The discriminatory treatment of CCH/FP and residents of Zeke's House was based, in part, on the active and hostile opposition by a small number of neighbors.

With legal liability now determined, CCH/FP has asked Judge Kennedy to assess the amount of damages CCH/FP suffered.

CCH/FP is delighted to assure the five men of Zeke's House that they are safe from discrimination by District agencies and can go on living their lives as the good neighbors they have proved themselves to be over the last 18 months.

CCH/FP established a Neighborhood Advisory Committee to meet regularly to address any issues that might arise.  In these 18 months there has been one complaint about parking behind the house, but no complaints that concern the residents.

[Download Opinion - PDF Format]

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