Judge rules against city in group home case
By HILARY KINDSCHUH / Lincoln Journal Star
In an order prefaced with strong criticism of Lincoln city officials’ handling of a group home provider’s zoning request, a federal judge Wednesday awarded the provider $331,928 in damages.
U.S. District Judge Richard Kopf awarded the damages to Developmental Services of Nebraska for revenue it lost because of the city’s denial of the request.
Kopf wrote there was evidence of “heaps of red tape … and inconsistent and irrelevant posturing by city officials, elected and otherwise” in the dispute.
The evidence did not prove the city consciously discriminated against people with developmental disabilities.
However, he wrote, it did show that the city denied the group home provider “reasonable accommodations” for its clients.
“As a result, taxpayers will have to pay the provider a lot of money for the city’s violation of federal law,” Kopf wrote. “Sadly, by merely acting reasonably, Lincoln could have easily avoided that expensive outcome.”
Assistant City Attorney Rick Peo said his office would meet with the City Council to decide how to proceed.
Developmental Services of Nebraska sued the city and the state fire marshal in 2004 over the city’s spacing requirements for group homes.
Late last year, DSN settled with the state fire marshal, which was to pay $28,000 in damages.
Lincoln requires group homes with four to 15 residents to be separated by half a mile. Under a settlement approved last year by the City Council, the city would have waived the spacing requirements for DSN homes, duplexes and town homes if they housed no more than four or five people, depending on the type of residence.
The city attorney’s office recommended approval, but Mayor Coleen Seng vetoed it in October.
DSN said the city failed to make a “reasonable accommodation (or) modification” of its zoning ordinances to give its clients equal opportunities in housing.
Scott Moore, an attorney for DSN, indicated he was pleased with the decision.
“I just really think it’s unfortunate that (the litigation) had to go this far,” Moore said.
Reach Hilary Kindschuh at 473-7120 or hkindschuh@journalstar.com. Journal Star writer Clarence Mabin contributed to this report.

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