2:14-cv-14601-TGB-MKM Doc#1 Filed 12/05/14 Pg1of42 PgID1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN MICHIGAN PARALYZED VETERANS OF AMERICA, Case No. Plaintiff, Hon. v. CHARTER TOWNSHIP OF OAKLAND, Defendant. COMPLAINT 1. This case is brought by Michigan Paralyzed Veterans of America to enforce provisions of the Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988 (“FHAA”), 42 U.S.C. §3601, et seq (collectively “FHA”), the Americans with Disabilities Act, 42 U.S.C. §12131, et seq (“ADA”), Michigan’s Persons With Disabilities Civil Rights Act (“PWDCRA”) Mich. Comp. Laws. §15.3701, et seq, and other claims arising from Defendant Charter Township of Oakland’s actions preventing disabled persons from living in Oakland Township. 2. Oakland Township has refused a reasonable accommodation to allow development of a multi-family housing development for the elderly and disabled.2:14-cv-14601-TGB-MKM Doc #1 Filed 12/05/14 Pg2of42 PgID2 Oakland Township's Master Plan, adopted under a prior Township administration, recognized the need for precisely the type of housing proposed. 3. The prior Township administration, consisting of a Board of Trustees, Planning Commission, and Zoning Board of Appeals approved rezoning that would have permitted the development. The approval was thwarted and undone by a vocal group of local residents opposed to the development. Township Trustees and members of the Planning Commission and Zoning Board of Appeals favorable to the development were ousted in an election that centered around the approval of the development, leaving in place a new Board of Trustees, Planning Commission and Zoning Board of Appeals the voting majorities of which all solidly oppose the development. An application was made for a reasonable accommodation pursuant to a special use accommodation provision that had been added to the Township’s zoning ordinance specifically to comply with the FHA. The application for special use accommodation was recommended for approval by the Township Supervisor, but was later denied by the new Township leadership who opposed the development. 4, MPVA alleges in this Complaint that the denial of the reasonable accommodation request violates the FHA, ADA, and PWDCRA. 5. Plaintiff on its own behalf and on behalf of its members and those persons with disabilities that Plaintiff seeks to protect, requests declaratory,2:14-cv-14601-TGB-MKM Doc #1 Filed 12/05/14 Pg3of42 PgID3 injunctive, and other relief arising from Oakland Township's violations of the FHA, ADA, and PWDCRA, and other actions in connection with Oakland Township’s refusal to make a reasonable accommodation by approving and allowing the development for the elderly and disabled. Parties, Jurisdiction and Venue 6. Michigan Paralyzed Veterans of America (“MPVA”) is a Michigan nonprofit corporation with its headquarters in Novi, Michigan. 7. Charter Township of Oakland (“Oakland Township” or the “Township”) is a charter township located in the northeastern portion of Oakland County, Michigan. 8. Oakland Township is governed by a Board of Trustees consisting of seven members who serve four year terms. 9. — Oakland Township has a seven-member Planning Commission. The Planning Commission consists of members appointed to three-year terms. The Township Board of Trustees appoints Planning Commission members. One member of the Planning Commission must be from the Board of Trustees. 10. Oakland Township has a five-member Zoning Board of Appeals. Members of the Zoning Board of Appeals are appointed by the Board of Trustees. One member of the Zoning Board of Appeals must be from the Planning Commission.2:14-cv-14601-TGB-MKM Doc#1 Filed 12/05/14 Pg4of42 PgID4 11. The Court has jurisdiction over this matter arising under the Constitution and laws of the United States pursuant to 28 U.S.C. 1331. 12. The Court has jurisdiction over this matter pursuant to 42 U.S.C. 3613(a) and (b). 13. Venue is proper in this Court under 28 U.S.C. 1391(b) because Oakland Township, located in Oakland County, Michigan, is located within this district and the actions alleged occurred here. General Facts 14, Paralyzed Veterans of America (“PVA”), is a congressionally chartered veterans service organization that was founded in 1946. 15. PVA was founded in the wake of World War II by veterans who retuned home disabled and collectively began to advocate for a better life. 16. Paralyzed veterans returning home from World War II wanted to resume their lives as productive members of society but faced major challenges in a world where buildings were not designed to be accessible to those using wheelchairs to navigate. 17. Most homes, stores, schools, libraries, factories, hospitals and other buildings were inaccessible to those who used a wheelchair to navigate. 18. PVA’s founders believed that veterans had the strongest voice to advocate on behalf of and promote legislation for those with disabilities.2:14-cv-14601-TGB-MKM Doc #1 Filed 12/05/14 PgSof42 Pg IDS 19. Delegates from PVA’s seven original chapters met in 1947 and adopted a resolution that each member organization would form a housing committee to investigate local housing problems for veterans. 20. Since its founding, PVA has advocated for legislation that aids paralyzed veterans and other disabled persons in housing and other areas. 21. PVA’s mission includes being the leading advocate for civil rights and opportunities that maximize the independence of its members. 22. PVA supports efforts to enforce and extend laws and regulations that advance accessibility in housing, both publicly funded and privately financed. 23, PVA was an early supporter of the Fair Housing Amendments Act and works closely with the Consortium for Citizens with Disabilities to advance housing opportunities for Americans with disabilities. 24, MPVA was incorporated in 1961 as a subsidiary of PVA. 25. Then known as Paralyzed Veterans of America Michigan, MPVA’s initial stated purpose was: To work in cooperation with The Paralyzed Veterans of America. To promote rehabilitation and employment for all Paraplegic patients, through advice, exchange of ideas and generally see that the doctors and the public are made aware of the needs of paralyzed patients. To raise money for research work to assist the medical profession and the engineering profession to create more necessary tools and devices to assist paraplegic patients.2:14-cv-14601-TGB-MKM Doc #1 Filed 12/05/14 Pg6of42 PgID6 26. In 1965, the organization’s name was changed to Michigan Paralyzed Veterans of America. 27. In 1997, MPVA amended its articles of incorporation to provide that the purposes of the Corporation shall include, among others: To aid and assist in every wey veterans of the Armed Forces of the United States who have suffered injuries or diseases of the spinal cord. To publicize the needs of such veterans through every means and channel available in order to effectuate the fulfillment of such needs as far as possible. To promote the full participation of the spinal cord injured or diseased into society by carrying out educational programs and by acquainting the public with their needs and problems and by aiding and assisting such constituent associations which may be organized for the same purposes. To advocate and foster thorough and continuing medical research in the fields connected with injuries and diseases of the spinal cord, including in neurosurgery, genitourinary, orthopedics and prosthetic appliances. To advocate and foster a comprehensive and effective reconditioning program for its members, as well as all paraplegics, to include a thorough physical reconditioning program; physiotherapy; competent walking instructions; an active sports program; adequate guidance, both vocational and educational; academic and vocational education, both in hospitals and educational _ institutions; psychological orientations and readjustment to family and friends, and functional and diversional occupational therapy. 28. In furtherance of its prime mission to “aid and assist in every way veterans of the Armed Forces of the United States who have suffered injuries or diseases of the spinal cord,” MPVA raises money and awareness.