FOR IMMEDIATE RELEASE CR
THURSDAY, JUNE 6, 1996 (202) 616-2765
TDD (202) 514-1888
JUSTICE DEPARTMENT SUES JACKSON, MISSISSIPPI FOR BLOCKING A
HOME FOR PEOPLE WITH ALZHEIMER'S DISEASE
WASHINGTON, D.C. -- The Justice Department today asked a
federal court to issue an order allowing the opening of a personal
care facility for ten Alzheimer's patients in Jackson, Mississippi.
In a complaint filed in U.S. District Court in Jackson, the
Justice Department seeks to overturn the city's decision denying a
zoning request to increase the number of residents at the Cyprus
Cove Personal Care Home from three to ten.
Last December the Jackson City Council approved the request,
but Mayor Kane Ditto later vetoed that decision.
The complaint alleged that the city violated the federal Fair
Housing Act by failing to reasonably accommodate persons with a
handicap. Under the state's safety and health regulations, the
home can house up to 12 residents. The residents, who are in the
early stages of the disease, are supervised at all times.
"People with Alzheimer's deserve to have a place to call home
like everyone else," said Assistant Attorney General for Civil
Rights Deval L. Patrick. "Cities have a legal duty to reasonably
accommodate homes for people with disabilities."
Last May, the home's operator, Clementine Michael, asked the
city for permission to increase the number of residents to ten.
Michael reasoned that ten residents were needed to maintain the
financial viability of the not-for-profit operation. In an effort
to accommodate community concerns, she offered to maintain the
residential character of the building by agreeing to ban signs in
the front yard, prohibit deliveries and not modify its exterior.
Although the Council approved the zoning request, Mayor Ditto
disagreed with the council's decision. In vetoing the decision, he
claimed a ten-person home had the attributes of a business and did
not belong in an area zoned for single families. The city, though,
has granted exceptions to its single-family zoning requirements to
several small, professional businesses currently operating in the
neighborhood where the home is located. Also, under the Fair
Housing Act, the City would still have to grant the exception if
the home is compatible with other homes in the neighborhood.
This is the second time in two weeks the Justice Department
has come to the defense of a home for people with Alzheimer's.
Last week, it asked another federal court to keep a St. Louis
suburb from blocking the opening of a home for eight residents.
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