UNITED STATES OF AMERICA,
     Plaintiff,

v.

TODD E. BLEAKLEY; CHARLES BLEAKLEY;
BLEAKLEY INVESTMENT COMPANY;
BLEAKLEY DEVELOPMENT CO.,INC.,
BLEAKLEY DEVELOPMENT COMPANY, LLC;
BLEAKLEY DEVELOPMENT, L.P.; LNL
ASSOCIATES/ARCHITECTS, P.A.; and
ALLENBRAND-DREWS and ASSOCIATES,INC.
     Defendants.

____________________________________

The United States of America alleges:

1. This action is brought by the United States to enforce the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (Fair Housing Act), 42 U.S.C. §§3601-3619.

2. The Court has jurisdiction over this action under 28 U.S.C. §§1331 and 1345 and 42 U.S.C. §3614(a). The Court may grant declaratory and other relief pursuant to 28 U.S.C. §§2201 and 2202.

3. Venue is proper because the claims alleged in this action arose in the State of Kansas.

4. The Wyncroft Hill Apartments, 12235 S. Blackbob Rd., and The Homestead Apartment Homes, at 11800 South Shannon Street, are located in Olathe, Kansas.

5. The apartment complexes described in paragraph 4 were designed and constructed, or are under construction, for first occupancy after March 13, 1991.

6. The apartment complexes described in paragraph 4 are "dwellings" within the meaning of 42 U.S.C. §3602(b). All of the ground-floor units at these residential dwellings are "covered multifamily dwellings" within the meaning of 42 U.S.C. §3604(f)(7)(A).

7. All of the ground-floor units in the apartment complexes described in paragraph 4 are subject to the accessibility requirements of 42 U.S.C. §3604(f)(3)(C).

8. On information and belief, defendants Todd E. Bleakley and Charles Bleakley, together with, by, and/or through Bleakley Investment Company (a Missouri corporation), Bleakley Development Co., Inc., Bleakley Development Company, LLC, and/or Bleakley Development, LP, designed and constructed the apartment complexes described in paragraph 4.

9. The defendants described in paragraph 8 are located or have operated within Olathe, Kansas in connection with the design or construction of the apartment complexes described in paragraph 4.

10. Defendant LNL Associates/Architects, PA, whose principal place of business is Olathe, Kansas, designed the residential dwellings described in paragraph 4, and, on information and belief, was retained to do so by one or more of the defendants identified in paragraph 8.

11. Defendant Allenbrand-Drews and Associates, Inc., whose principal place of business is Olathe, Kansas, designed the external attributes at the site of the residential dwellings described in paragraph 4, and, on information and belief, was retained to do so by one or more of the defendants identified in paragraphs 8 or 10.

12. Defendants have violated 42 U.S.C. §3604(f)(3)(C) by failing to design and construct one or more of the covered multi-family dwellings described in paragraphs 4 and 7 so that:
    1. the public use and common use portions of such dwellings are readily accessible to and usable by individuals with disabilities;

    2. all doors are sufficiently wide to allow passage by persons who use wheelchairs; and

    3. all premises within such dwellings contain (i) an accessible route into and through the dwelling; (ii) light switches, electrical outlets, and thermostats in accessible locations; (iii) reinforcements in the bathroom walls to allow later installation of grab bars; and (iv) usable kitchens and bathrooms so that an individual who uses a wheelchair can maneuver about the space.

13. By engaging in these actions, defendants have:
    1. Discriminated in the rental or sale, or otherwise made unavailable or denied, dwellings to persons because of handicap, in violation of 42 U.S.C. §3604(f)(1);

    2. Discriminated against persons in the terms, conditions, or privileges of rental of a dwelling, or in the provision of services or facilities in connection with a dwelling because of handicap in violation of 42 U.S.C. §3604(f)(2); and

    3. Failed to design and construct dwellings in compliance with the accessibility and adaptability features mandated by 42 U.S.C. §3604(f)(3)(C).

14. Defendants' conduct constitutes:
    1. A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, 42 U.S.C. §§3601-3619; and

    2. A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. §§3601-3619, which raises an issue of general public importance.

15. Persons who may have been the victims of defendants' discriminatory housing practices are aggrieved persons as defined in 42 U.S.C. §3602(i) and may have suffered injuries as a result of defendants' conduct described above.

16. Defendants' conduct described above was intentional, willful, and taken in disregard of the rights of others.

WHEREFORE, the United States prays that the Court enter an order that:

1. Declares that defendants have engaged in a pattern or practice of violations of the Fair Housing Act;

2. Enjoins defendants, their officers, employees, agents, successors and all other persons in active concert or participation with any of them, from:
   1. Failing or refusing to bring the covered multi-family dwelling units and public use and common use areas at the Wyncroft Hill Apartments, The Homestead Apartment Homes, and other covered units that they have designed and/or constructed into full compliance with 42 U.S.C. §3604(f)(3)(C);

   2. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of defendants' unlawful practices to the position they would have been in but for the discriminatory conduct; and

   3. Designing or constructing any covered multi-family dwellings in the future that do not contain the accessibility and adaptability features set forth in 42 U.S.C. §3604(f)(3)(C);

3. Awards such damages as would fully compensate each person aggrieved by defendants' discriminatory housing practices for their injuries resulting from defendants' discriminatory conduct, pursuant to 42 U.S.C. §3614(d)(1)(B);

4. Awards punitive damages to each person aggrieved by defendants' discriminatory housing practices because of the intentional and willful nature of defendants' conduct, pursuant to 42 U.S.C. §3614(d)(1)(B); and

5. Assesses a civil penalty against each defendant in the maximum amount authorized by 42 U.S.C. §3614(d)(1)(C), in order to vindicate the public interest.

The United States further prays for such additional relief as the interests of justice may require.

The United States requests that the trial in tis case be held at Kansas City, Kansas.

Michael L. Barrett
Attorney
Civil Rights Division
United States Department of Justice

Document Filed: April 10, 2001.