Saturday, March 31, 2012

Ansonia zoning bias case settled

By Register Staff

ANSONIA — The city and the U.S. Department of Justice have reached an agreement over allegations that Ansonia’s zoning regulations discriminated against individuals with mental disabilities and/or addiction issues.
“We resolved it,” city Corporation Counsel Kevin Blake said Friday. “The matter is considered closed by the Justice Department,” he said.
U.S. Attorney David B. Fein, in a prepared statement, said, “We commend the city of Ansonia for dealing with this serious issue, which affects so many members of our community, and we hope that this agreement alerts other cities and towns about their responsibilities under the Americans with Disabilities Act.”
In August 2010, Recovery Network of Programs, a medical provider of methadone clinics, sought to open a clinic in a leased site at 158 Main St., Fein said. The aim was to provide centralized treatment and counseling services to its clients. RNP had about 250 Valley clients, mostly people with opiate addictions, Fein said.
As the location was covered by Schedule B of the city’s zoning code, which excluded clinics for the “insane, alcoholics and drug addicts,” the city denied RNP’s building permit, Fein said.
Title II of the Americans with Disabilities Act, prohibits discrimination on the basis of disability, including mental disabilities and/or addiction issues, and requires municipalities and states to make reasonable modifications to policies, practices and procedures to afford individuals with disabilities equal treatment under the law, Fein said.
Under the settlement agreement, Ansonia agreed to change its zoning regulations.
“We revised the zoning regulations to resolve any issues regarding allegations of discrimination,” Blake said.
The city also agreed, for the next three years, to provide copies of the settlement agreement to all aldermen, members of the Planning and Zoning Commission, and managers of the Zoning and Building departments.
The city also agreed not to retaliate against RNP, which had complained to the Department of Justice about the zoning regulation.
Find information about the Civil Rights Division of the Justice Department at www.justice.gov/crt.

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