Valencia et al v. City of Springfield, Illinois

Filing 199

INJUNCTION entered by Chief Judge Sara Darrow on December 5, 2023, pursuant to the 198 Order. (KJC)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
MARY B. VALENCIA, et al.,
Plaintiffs,
v.
CITY OF SPRINGFIELD, ILLINOIS,
Defendant.
UNITED STATES OF AMERICA,
Plaintiff,
v.
CITY OF SPRINGFIELD, ILLINOIS,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 3:16-cv-03331-SLD-JEH

)
)
)
)
)
)
)
)
)

Case No. 3:17-cv-03278-RM-TSH

ORDER ON INJUNCTIVE RELIEF
On March 3, 2020, the Court granted the United States’ Motion for Partial Summary
Judgment on Liability and found Defendant City of Springfield, Illinois (“City”) liable for
violations of the Fair Housing Act. March 3, 2020 Op. 22–26, ECF No. 111. The Court found
that the City engaged in a pattern or practice of discrimination and denied rights protected under
the Fair Housing Act to a group of persons, which raised an issue of general public importance,
by maintaining and enforcing a discriminatory zoning ordinance that prohibits group homes for
persons with disabilities from being located within 600 feet of another such group home. Id. at
24–26. The Court held that this ordinance discriminates on the basis of disability because it
treats group homes for up to five unrelated individuals with disabilities less favorably than it
does similarly situated living arrangements consisting of up to five unrelated non-disabled
1

people. Id. at 23–24. The Court further found that the City denied a reasonable accommodation
when it denied a “Conditional Permitted Use” permit to the group home at 2328 S. Noble
Avenue, and that this denial was the City’s “standard operating procedure.” Id. at 25–26.
The Court directed the City to submit a plan to remediate its violations of the Fair
Housing Act. Id. at 34. The City filed its remedial plan on July 9, 2020. Mot. Leave File
Remediation Plan, ECF No. 116. On July 22, 2020, the United States filed its brief on injunctive
relief and a proposed order on injunctive relief. USA’s Br. Regarding Post-J. Injunctive Relief,
ECF No. 124. Having considered the parties’ plans and briefing, the Court’s opinions on
summary judgment, and the evidence presented, the Court finds that the following order is
appropriate.
Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED as follows:
I.
1.

INJUNCTION WITH RESPECT TO GROUP HOMES

The City, its officers, agents, employees, successors, and all other persons acting

in concert or participation with it, is enjoined from taking any action against the owner(s) or
resident(s) of 2328 S. Noble Avenue, or Individual Advocacy Group, in order to prevent or
restrict the operation of a group home for five or fewer persons with disabilities at 2328 S. Noble
Avenue under the City’s spacing rule, enacted as Springfield, Ill., Code of Ordinances § 155.053
(2023).
2.

The City is enjoined from enforcing such spacing rule, § 155.053, against any

other similarly situated family care residence or group community residence with five or fewer
residents.

2

II.
3.

FAIR HOUSING TRAINING

Within ninety days of the entry of this Order, the City’s officers, elected and

appointed officials, and employees who have duties related to the planning, zoning, permitting,
construction, or occupancy of residential housing, including the Zoning Administrator and his or
her staff, members and staff of the Planning and Zoning Commission, the City Council, and the
Mayor, are ordered to attend, at the City’s expense, a training on the Fair Housing Act’s
provisions with respect to disability discrimination in housing. The training will be conducted
by a qualified third party or parties, subject to the approval of the United States, and who will not
be affiliated with the City or its officers, elected or appointed officials, employees, agents or
counsel.
4.

Within ten days of this training, the City is ordered to submit to counsel for the

United States written confirmation signed by each attendee, in substantially the same form as
Exhibit “A,” that he or she attended the training and the date of the training.
III. RETENTION AND INSPECTION OF RECORDS
5.

For three (3) years following the date of entry of this Order, the City is ordered to

retain all records, including electronic records in their native format, with respect to compliance
with this Order.
6.

The City is ordered to allow counsel for the United States to inspect and copy any

records referenced above for the purpose of ensuring compliance with this Order, upon the
United States’ provision of reasonable notice to counsel for the City.
Entered this 5th day of December, 2023.
s/ Sara Darrow
SARA DARROW
CHIEF UNITED STATES DISTRICT JUDGE

3

EXHIBIT A
CERTIFICATION OF TRAINING
AND RECEIPT OF COURT’S ORDER ON INJUNCTIVE RELIEF
On

, I attended training on the Fair Housing Act. I have had all

of my questions concerning these topics answered to my satisfaction. I also have been given and
I have read copies of the Fair Housing Act and the Order on Injunctive Relief entered in
Valencia v. City of Springfield, Civil No. 3:16-cv-03331 (C.D. Ill.). I understand my legal
responsibilities and will comply with those responsibilities.

Signature
Print Name
Position with City of Springfield
Business Address
Business Address Continued
Business Telephone Number
Date

1