8/10/2019 North Little Rock Sued for Disability Discrimination
1/13
UNITED
STATES
DISTRICT COURT
EASTERN DISTRICT
OF
ARKANSAS
BI\STE N
DIVISION
W e - ~ e . r
KOY BUTLER AND
MARY
BETH
CRAVENS,
THROUGH
HER
DAUGHTER DEEDEE CRAVENS
PLAINTIFF(s)
vs.
CITY OF NORTH
LITTLE ROCK
AND
JOE SMITH, IN IDS OFFICIAL CAPACITY AS
MAYOR
OF THE
CITY OF NORTH
LITTLE
DEFENDANT(s)
This case assigned to District
~
and to Magistrate J u d g e - _ _ _ , ~ / A ~ ~ ~ : , . . . . . . o : - -
COMPLAINT
Plaintiff, Koy Butler, owner of the House of3, and Mary Beth Cravens, through her
Daughter DeeDee Cravens, by and through their attorney, Dana McClain, files this Complaint
against Defendant City ofNorth Little Rock, alleges the following:
JURISDICTION AND VENUE
1 This action is brought under the Fair Housing Act, Title VIII of the Civil
Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, ( the fair
housing Act ), 42 U.S.C. 3601 et seq., Title II of the Americans with Disabilities Act
( ADA ), 42 U.S.C. 12131 et seq., and the regulations implementing Title II, 29 C.F.R.
Part 35; the Arkansas Civil Rights Act of 1993 (Ark. Code Ann 16-123-101-16-123-
108) ( ACRA ), and the Arkansas Fair Housing Act (Ark. Code Ann 16-123-201-16-
123-348)( AFHA ).
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 1 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
2/13
2 This Court has jurisdiction over the subject matter
of
Plaintiffs' claims under the FHA
and the ADA pursuant to 28 U.S.C 1331 and 1343. This court has supplemental
jurisdiction over the Plaintiff's state law claims pursuant to 28 U.S.C. 1367 because
those claims are so related to Plaintiffs federal claims that they form part
of
the same case
and controversy.
3. This action is authorized by 42 U.S.C. 12188; 42 U.S.C. 3613; Arkansas Code 16-
123-107(b); and Arkansas Code 16-123-336. This court has jurisdiction to issue a
declaratory judgment pursuant to 28 U.S.C. 2201 and 2202.
V NU
4. Venue is proper under 28 U.S.C. 1391(b) because the events or omissions giving rise to
the claims alleged herein occurred in the Eastern District of Arkansas and because the
Defendant and the property at issue in this action are located there.
P RTIES
5. Plaintiff, Koy Butler, is the owner
of
House
of
Three ( Ho3 ), a business which operates
homes that allow people with disabilities opportunity to live in community environments
and not be confined in an institution.
6. Mr. Butler 's address is 319 Locust, Lonoke,
AR
72086.
7 Mr. Butler currently operates a home in Little Rock, Arkansas, and was set to open a
second home in North Little Rock Arkansas located at 4404 Arlington, North Little Rock,
Arkansas, until the City ofNorth Little Rock s discriminatory practices and procedures
prevented the development
of
said home.
8
Mary Beth Cravens, is a person who had been a long term resident
of
North Little Rock,
AR.
2
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 2 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
3/13
9. Because
of
the discriminatory actions
of
the defendant Mary Beth Cravens, currently
resides in Little Rock, AR.
10. Mary Beth Cravens current address is
23
Lyric Ln., Little Rock,
R
72205.
11. Mary Beth Cravens has a diagnosis
of
Alzheimer's disease (AD), and requested housing
with the Ho3 in NLR.
12. Defendant City
ofNorth
Little Rock ( City ) is a unit
of
government organized under the
laws of
the State
of
Arkansas. The City includes its employees, agents, boards, and
commissions, including the North Little Rock City Council, Board
of
Adjustments and
Planning and Zoning.
13. City
ofNorth
Little Rock's address is 300 Main St., North Little Rock,
R
72119.
14
Defendant, Joe Smith, in his official capacity is the current Mayor
of
the City
ofNorth
Little Rock, AR.
15. Defendant, Joe Smith's address is 300 Main St., North Little Rock,
R
72119.
16. The North Little Rock Mayor's Office provides the administration and coordination
of
services for the City
ofNorth
Little Rock.
17. The City's zoning ordinances are adopted pursuant to Ark. Code Ann. 14-56-401 et
seq., and are set forth
in
the City
ofNorth
Little Rock Zoning Ordinance.
18. The North Little Rock Board ofAdjustment (''the Board ) acts
on
zoning variance
petitions pursuant to City
ofNorth
Little Rock Zoning Ordinance Article 19. The
members of the Board
of
Adjustment are appointed by the Mayor ofNorth Little Rock,
with approval
of
the North Little Rock City Council pursuant to City
ofNorth
Little Rock
Zoning Ordinance Article 19 section 19 1. North Little Rock Zoning Ordinance Article
3
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 3 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
4/13
9section 19.l(A) specifies the questions the Board ofAdjustment may consider when
reviewing a variance petition.
19. North Little Rock City Code Article 2 Section 2.2 defines family as One or more person
occupying premises and living as a single, non-profit housekeeping unit provided that,
unless all members are related by blood
or
marriage, the number of persons shall not
exceed
five .
20. The City ofNorth Little Rock refused reasonable accommodations to allow 4 non
related individuals with disabilities and a caregiver to live in a house developed in a
residential neighborhood by Ho3 yet per their ordinances would allow 5 unrelated
individuals to live in a home.
21. North Little Rock City Code Article 2 Section 2.2 defines Nursing home or convalescent
home as, A structure designed
or
used for residential occupancy and providing limited
medical or nursing care for occupants, but not including a hospital or mental health
center .
22. The City ofNorth Little Rock refused a reasonable accommodation request to allow 4
non-related individuals with disabilities and a caregiver to live in a home developed in a
residential neighborhood because they require the minimal assistance of a care giver and
therefore they were not allowed in an area zoned for single family homes.
23. Until March 2014, the City ofNorth Little Rock Zoning Ordinances and the North Little
Rock Municipal Code failed to include even a reference to the Fair Housing Act or the
Americans with Disabilities Act.
24. Until March of2014, the City
ofNorth
Little Rock Zoning Ordinances or Municipal
Code did not include a policy or procedure concerning reasonable accommodations or
4
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 4 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
5/13
-
modification in rules policies practices or services that may be necessary to afford
persons equal opportunities to use and enjoy dwellings or participate equally in the
benefits of the services programs or activities of a public entity.
Factual llegations
25. Mary Beth Cravens is a resident of Little Rock AR.
26. Mary Beth Cravens has Alzheimer which affects one
or
more major life activities.
27. Mary Beth Cravens is a person with a disability under the ADA.
28. Mary Beth Cravens was a long time resident
ofNLR
Arkansas and
when her
daughters
sought out housing options for their mom; they contacted the Ho3.
29. At the time they were glad to learn that the Ho3 would be opening a home in the
Lakewood neighborhood and sought placement residence for their mom.
30. However because of the City
ofNLR s
continued discriminatory practice Mary Beth
Cravens was denied residence in the neighborhood of her choice.
31. Koy Butler is the owner and operator ofHo3, which is a business that offers residential
housing options to people who have disabilities in Pulaski County Arkansas.
32. Mr. Butler the owner of The Ho3 operates a residential home for people with disabilities
in the Leawood subdivision of Little Rock AR.
33. In June 2013 Mr. Butler began to search for a new residential home to renovate and offer
residential housing options to people with disabilities. The house was originally set to
house 3 people with disabilities and a caregiver and would operate identically to the
house in Little Rock AR.
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 5 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
6/13
34. Mr. Butler located a property at 4404 Arlington, North Little Rock, which was similar to
the house in Little Rock, Arkansas, and determined to be an ideal location for people with
disabilities.
35. Prior to the purchase
of
the subject property, Mr. Butler contacted the North Little Rock
planning director, to see what he needed to do to get approval. On
or
about August 8,
2013, Mr. Butler phoned Mr. Voyles, Director ofNorth Little Rock City Planning, about
his desire to purchase a home in North Little Rock to provide residential living options
for people with disabilities.
36. Mr. Voyles asked
if
Mr. Butler would be housing anyone on parole or persons who were
part of an alcohol or drug rehabilitation program. Mr. Butler stated, no . Mr. Voyles
then asked if Mr. Butler would send him a letter identifying the
typ
of people he would
be providing housing for.
37. Mr. Butler provided the requested information explaining he would be providing housing
to 3 elderly people with disabilities.
38. On August 8, 2013, Mr. Butler received approval from Mr. Voyles that Mr Butler's
proposed house complied with the city's definition of farnily as described
in
the North
Little Rock City Code Article 2 Section 2.2.
39. With the city 's approval an offer was made and accepted
on
the home at 4404 Arlington,
North Little Rock.
40. On August 15,2013, Robert Voyles, and the assistant City Attorney Daniel McFadden
withdrew North Little Rock's approval stating they deem the intended use to be a nursing
home or convalescent home, but the area is zoned for a single-family. Mr. Butler
explained that this was not a nursing home or convalescent home and that there should
be
6
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 6 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
7/13
no reason that three individuals with disabilities and a caregiver shouldn't be able to live
together when 5 unrelated individuals without disabilities were free to live in a single
family home.
41. On August 21,2013 Mr. McFadden stated that the purposed home by Mr. Butler would
be a residential care facility/nursing home pursuant to Ark. Code Ann 20-1 0-1703.
42. Ark. Code Ann 20-10-1703(1)(A) states, Assisted living facility means any building
or buildings, section or distinct part of a building, boarding home, home for the aged, or
other residential facility, whether operated for profit or not, which undertakes through its
ownership or management to provide assisted living services for a period exceeding
twenty-four (24) hours to more than three (3) adult residents
of the facility who are not
relatives of the owner or administrator . As Mr. Butler 's proposal was for 3 people with
disabilities and a caregiver Ark. Code Ann 20-1 0-1703 does not apply.
43. NLR had no Fair Housing language
or
reasonable accommodations request for people
with disabilities in the North Little Rock Municipal Code
or
in the City ofNorth Little
Rock Ordinances until March of2014.
44. At end ofAugust 2013, Mr. Butler filed a complaint with the Arkansas Fair Housing
Commission, alleging discrimination by the city
of
North Little Rock.
45. In October of2013 the government shut down occurred delaying any action
on
Mr.
Butler's complaint by the Arkansas Fair Housing Commission.
46. Because of this delay, Mr. Butler decided to proceed under the City ofNorth Little Rock
Zoning Ordinances in the hopes that by providing additional information to the board
they would grant approval and the project could move forward.
7
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 7 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
8/13
47. Under the City
ofNorth
Little Rock Zoning Ordinances Mr. Butler was required to
submit a request for a conditional use permit.
48. After public hearings, much misleading information provided to the public, and public
hostility the re-zoning and special use requests as required by the city officials was
denied.
49. A final decision was made by the North Little Rock City Council on December 23 to not
allow Ho3 to serve people with disabilities in the Lakewood neighborhood
ofNLR.
50. However, the
NLR
city council did suggest the Ho3 was free to open its house in a less
desirable neighborhood in NLR.
51. As a result
of
the Complaint filed with Arkansas Fair Housing commission, in March
2014
NLR
initiated 014-24 which is an amendment to Ordinance 7687.
52. However, even the Arkansas Fair Housing Commission noted this ordinance failed to
comply with the Fair Housing Act and referred the case to the Arkansas Attorney
General's office per Arkansas Code 16-123-326.
53. In June
of2014
Ho3 decided to proceed under the
new
ordinance and requested a
reasonable accommodation.
54. The reasonable accommodation request process is almost identical to the conditional use
permit request Mr. Butler was required to file in August of2013. The only differences
are that the requests are heard by the board of adjustments and not planning and zoning,
and NLR calls it a reasonable accommodation request and has Fair Housing language
(albeit useless language) in its ordinance.
8
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 8 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
9/13
55. The Ho3 has experienced the same type of hostility and misleading information regarding
the proposed Lakewood home under the new ordinance as it received back in December
of2013.
56. NLR simply added Fair Housing language to their variance/land use ordinance, but failed
to amend or develop a process for a reasonable accommodation request that complies
with the Fair Housing Act.
57. Instead, Ho3 is right back where it started in August
of2013
People with disabilities are
no closer to being able to live in the Lakewood neighborhood than they were a year ago,
and
NLR
is free to continue to discriminate against people with disabilities
or
entities
such as House ofThree who are interested in developing neighborhood homes for people
with disabilities to live in.
58. On July 31,2014, the Board ofAdjustment met to discuss Mr. Butler s reasonable
accommodations request, to allow 5 people to live in the Ho3 home at 4404 Arlington,
North Little Rock, Arkansas.
59. Based upon the recording of the meeting it is clear that that the City ofNorth Little Rock
is still practicing discrimination against people with disabilities and businesses who may
wish to provide housing to individuals with disabilities in residential neighborhoods.
60. There was no vote on Mr. Butler s reasonable accommodations request as they could not
get a second from the committee members. Therefore, the request simply died and was
in essence denied without vote.
61. Mr. Butler requested reasons as to the denial but was simply provided a letter stating his
request was denied.
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 9 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
10/13
Claims for Relief
Count
:
The Fair Housing ct
62. The allegations in paragraphs
1 61
are incorporated herein by reference.
63. As a result
o
AD, Mary Beth Cravens, has a mental impairment that substantially limits
one or more o her major life activities such that she is an individual with a disability
within the meaning o the Fair Housing Act 42 U.S.C. 3602(h).
64. The subject property located at 4404 Arlington, North Little Rock, Arkansas, is a
dwelling within the meaning for 42 U.S.C. 3602(b), and the prospective residents o
the home are persons who are handicapped within the meaning
o
42 U.S.C. 3602(h).
65. Through the actions described above, the Defendant has:
a.
Made housing unavailable on the basis
o
disability in violation o 42 U.S.C.
3604(f)(l);
b. Imposed different terms, conditions, or privileges in housing on the basis o
disability in violation
o
42 U.S.C. 3604(f)(2);
c. Failed or refused to make reasonable accommodations in rules, policies, practices,
or services when such accommodations may have been necessary to afford
persons with disabilities an equal opportunity to use and enjoy a dwelling in
violation o the Fair Housing Act, 42 U.S.C. 3604(f)(3)(B); and
d.
Interfered with persons in the exercise or enjoyment of,
or
on account o their
having exercised or enjoyed, or on account o their having aided or encouraged
persons with disabilities in the exercise
or
enjoyment o rights grant or protected
by the Fair Housing Act, in violation o 42 U.S.C. 3617.
66. Defendant's actions above:
10
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 10 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
11/13
a
Constitute a pattern or practice of resistance to the full enjoyment of rights
granted by the Fair Housing
ct or
denial
or of
rights protected by the Fair
Housing Act to a group
of
persons, which denial raises
an
issue
of
general public
importance in violation
of
42 U.S.C. 3614(a); and
b. Constitute discriminatory housing practices under 42 U.S.C. 3614(b)(l).
67. Defendant acted intentionally, willfully, and in disregard for the rights of others.
68. There are persons who have been injured by the Defendant's discriminatory actions and
practices who are aggrieved persons as defined in 42 U.S.C. 3602(i), and have
suffered damages as a result
of
the Defendant's conduct.
Count II The Americas with Disabilities Act
69. The allegations I paragraphs 1- 61 are incorporated herein by reference.
70.
s
a result
of
AD, Mary Beth Cravens has a mental impairment that substantially limits
one
or
more
of
her major life activities such that she is an individual with a disability
within the meaning ofthe ADA, 42 U.S.C. 12102(1) and 12131(2) and 28 C.F.R.
35.104.
71. The residents of House
of
3 are qualified individuals with disabilities within the
meaning ofthe ADA, 42 U.S.C. 12102(1) and 12131(2) and 28 C.F.R. 35.104.
72. Defendant is a public entity within the meaning ofthe ADA, 42 U.S.C. 12131(1).
73. Defendant's action described above
a. Excluded individuals with disabilities from participation
in
and denied them the
benefits of the services, programs,
or
activities
of
a public entity, in violation
of
Title II ofthe ADA, 42 U.S.C. 12132 and 28 C.F.R. 35.130; and
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 11 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
12/13
b
Failed to make reasonable modifications in policies to avoid discrimination in
violation
of
Title II
of
the ADA, 42 U.S.C. 12132 and 28 C.F.R. 35.130(b)(7).
74. Defendant acted intentionally, willfully, and in disregard for the rights of others.
75. Persons who have been subjected to the Defendant s conduct have suffered and will
continue to suffer irreparable harm in the absence of relief.
WHEREFORE, Koy Butler and Mary Beth Cravens pray the Court enters an ORDER:
a Declaring that the actions of the Defendant described above constitute violations
of
the Fair Housing Act, as amended, 42 U.S.C. 3601 et seq., and Title II
ofth
Americans with Disabilities Act, 42 U.S.C. 12131 et seq.;
b. Enjoining the Defendant, its officers, employees, agents, successors, and all other
persons in active concert or participation with it, from discriminating on the basis
of disability in violation of the Fair Housing Act and the Americans with
Disabilities Act;
c
Enjoining Defendant, its officers, employees, agents, successors, and all other
persons in active concert or participation with it, from failing to make reasonable
accommodations in its policies, practices, rules,
or
services, as required by the
Fair Housing Act and the Americans with Disabilities Act, including
accommodations that permit the establishment and operation of housing for
persons with disabilities.
d Ordering the Defendant to take all affirmative steps to ensure compliance with the
Fair Housing Act and Americans with Disabilities Act, including steps necessary
to prevent the recurrence of any discriminatory conduct in the future and to
12
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 12 of 13
8/10/2019 North Little Rock Sued for Disability Discrimination
13/13
eliminate to the extent practicable the effects of its unlawful housing practices as
described herein;
e. Compensatory and actual damages in an amount to be determined at trial.
f Punitive damages pursuant to the Fair Housing Act, 42 U.S.C. 3613; the
Arkansas Fair Housing Act, Ark. Code
Ann
16-123-338.
g Costs and reasonable attorneys fees; and
h Such other and further rel ief as this Court deems
just
and proper.
Respectfully submitted,
~ { Y c ~
Dana McClain
R Bar No. 2001-028
Attorney for Plaintiffs Koy Butler and
Mary Beth Cravens
Biscayne Ct.
Little Rock,
R
72227
501-425-1741 (tel.)
1-866-673-0578 (fax)
dana.mcclainia)att.net
13
Case 4:14-cv-00632-SWW Document 1 Filed 10/28/14 Page 13 of 13