A successful fight against discrimination by a faith-based homeless shelter ANATOMY OF A LAW SUIT Jane Doe, et al. v. San Diego Rescue Mission, et al.

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A successful fight against discrimination by a faith-based

homeless shelter

ANATOMY OF A LAW SUITJane Doe, et al. v. San Diego Rescue Mission,

et al.

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“A Law Unto Themselves”Faith-based organizations includinghomeless shelters are sometimesexempt from anti-discrimination laws.But even when they are not, they oftenact like they are immune from regulation.Such shelters may force religious practices on theirresidents or fail to provide reasonableaccommodations to persons with disabilities.They may assume that the desperatelypoor and beaten down population thatserve, the large majority of whom are individuals with disabilities, would never dare challenge them.

WOULD THEY???

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MEET JESSICA FRANKS (Jane Doe)

A young African-American woman who challenged the Rescue Mission’s discrimination against her based on herdisabilities and religion. Her courage and persistence through three years of litigation led to…

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A Significant Victory

Settlement included:– Substantial monetary payment;– Adoption of model reasonable accommodation policy

drafted by plaintiffs’ counsel;– Training of Mission staff in non-discrimination laws– Establishing secular beds without religious

requirements as an interim step to a final resolution of church/state issues involving renegotiation or repayment of government grants/loans

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FACTORSthat contributed to success:

1. A courageous plaintiff with a compelling story to tell;2. The ADAAA’s more liberal definition of disability;3. A thorough pre-filing investigation that followed the money trail; and4. An exhaustive discovery process, which was helped along by the brazenness of defendants.

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A COMPELLING STORY

Pregnant and extremely ill with a one year old child, Jessica was ejected from the Rescue Mission right before Christmas with no safe place to go. The Mission had refused to accommodate her unusually difficult pregnancy and her mental health disability (PTSD), repeatedly ignored doctor’s notes, and forced her out because she was “too sick.” Right before she was exited, Jessica was also written up for failing to attend a religious event that violated her own religious beliefs as a Mormon.

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Pre-filing Investigation – following the money trail

1. Multiple PRA requests and on-line searches uncovered$3 million dollars in government funding (Fed, state & local redevelopment funds) for rehabilitation of the building that houses the Mission’s programs. The Mission agreed not to discriminate in the government grant/loan documents.2. Government funding solved most problems:

– Though exempt from ADA, Section 504 of Rehab Act available;– Waiver argument available to overcome religious exemption under FHA, 42

U.S.C. §3607(a); see Intermountain Fair Housing Council v. Boise Rescue Mission, 657 F. 3d 988 (9th Cir., 2011).

3.Government funding of mandatory religious activity runs afoul of 1st amendment

& State Constitution (“No Aid Clause” Art. XVI §5);Mission would need to change practices or re-pay the grants/loans.

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ADAAA’s more generous

definition of disability

• Took effect 1/1/2009, prior to law suit• Allowed us to argue pregnancy complications is a

disability protected under the ADA and successfully defend against Motion to Dismiss:– Transitory or non-chronic impairments (6 months or less) no

longer precluded - 29 CFR § 1630.2(j)(ix)– “Substantial limits” no longer a demanding standard: “An

impairment need not prevent or significantly or severely restrict the individual from performing the major life activity in order to be considered substantially limiting.” 29 CFR § 1630.2(j)(ii).

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DISCOVERY- Sought and obtained many thousands of pages of records of former

residents at the Mission which helped show pattern & practice of failure to provide reasonable accommodations & arbitrary and discriminatory practices of the Mission (Defendants resisted and we ended up filing multiple discovery motions to obtain them);

- Defendants’ incriminating comments in records and depositions:- Presumed client lying because “90% of our clients” are liars and

manipulators - Doctor’s note “ridiculous and I’m not going to follow it.”

- Strong experts:- Frank’s Ob/Gyn backed her up- Strong psychological expert with expertise in PTSD- Expert with experience operating faith-based shelters in an

exemplary way

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Judicious use of Requests for Admissions• In exchange for refraining from

compelling production of financial records, Defendants said they would gladly file responses to Requests for Admissions • Defendants admitted that the specific

Mission shelter programs we were challenging were funded by the federal government within the meaning of section 504 of the Rehabilitation Act.

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CHECKMATE!

SETTLEMENT FOLLOWED.

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THE END

ANN E. MENASCHEDISABILITY RIGHTS CALIFORNIA

1111 Sixth Avenue, Suite 200San Diego, CA 92102

(619)239-7861(619)239-7906 (fax)

[email protected]