Those of you that couldn't attend the oral arguments that took place last week in District Court regarding what is commonly known as the "Lydia House Suit" may enjoy a few bits and pieces from my imperfect notes. It was high drama.
--Attorney Mike Freeman represented the plaintiffs, Citizens for a Balanced City, a group of Stevens Square and Whittier residents and business people. Freeman presented the group's complaint that Lydia House violates Minneapolis law (Chapter 536.20) and good public policy by adding yet another facility to an area already highly concentrated (17 in surrounding � mile). --Mary Yeager represented defendant the Plymouth Church Neighborhood Foundation. --Carol Lansing represented defendant the City of Minneapolis. --The presiding Judge was John Q. McShane. Here are selections that highlight some of the Judge's more challenging questions. FREEMAN PRESENTATION. McShane: On these maps, I understand the large number of residential facilities, but why do you also show the non-residential social services? Why is that relevant? Freeman: It reflects another aspect of concentration, though not one controlled by law. ------ McShane: Isn't this Lydia House project so unique that the law wouldn't apply? Freeman: No, your honor. ------ McShane: Can't the City of Minneapolis decide what's reasonable and necessary and decide to use the Federal Law when it chooses? Freeman: No, Your honor. A Federal Law should not be used at the caprice of the City Council to just to allow a favored project. In fact, the Federal Fair Housing Amendments were written to open up closed neighborhoods, not to jam more facilities into neighborhoods already highly concentrated. YEAGER PRESENTATION. McShane: What would be the benefits of concentrating these facilities? Yeager: This is not a facility, in fact it's not even supportive housing. It's just a private apartment building with services. McShane: You say a private apartment building. But isn't there a lot of public money funding this project? ------ McShane: You say you are providing "locational choice" to the disabled, but aren't you really forcing the disable to live where you choose? ------ McShane: If we follow your suggestions, won't that just lead to more concentration? Yeager: There is no concentration, your honor. McShane: Well, look at that map. Yeager: The map isn't accurate. McShane: Look at the other map. Yeager: That's not accurate either. McShane: Well, are you telling me there is the same concentration of facilities near my home in South Minneapolis as there is here near 1920 LaSalle? NO WAY! Yeager: No, but we simply can't decide there are too many disable people in one area, no more than we can with Jews or African Americans. This area is not concentrated. McShane: In the best of all worlds, wouldn't it be better to move Lydia House or other Supportive housing and spread them out? Yeager: Perhaps, but Federal law doesn't allow it, in our opinion. LANSING PRESENTATION. McShane: If Lydia House is OK here (at 1920 LaSalle), what about those that come later? What about next 2nd or 3rd or 7th? Lansing: Other places might be better, but we haven't gotten applications from them. This area is commercial, with social services and transportation. We might not waive the law in other neighborhoods. ------ McShane: Isn't it well recognized that de-institutionalization is desirable? Isn't that why the institutions for the disabled were shut down? FREEMAN REBUTTAL. McShane: If the use is legal if the services are moved next door, is there any reason to enforce the law at all? Freeman: Yes, your honor. This is the law as written. If the City of Minneapolis wants to change it, it can do so, though that will be a battle across the street at City Hall. It's true that if services were moved next door, this project would be legal and we wouldn't be here. But the services aren't next door, and won't be next door. They need to be on site for the church to receive the massive Federal subsidy for this project. Remember, the neighbors are happy to have affordable housing as distinct from supportive housing. Freeman: We believe it's important to focus on the two laws involved: Chapter 536.20 and the Federal Fair Housing Amendments. ------ McShane: Is it bad to concentrate these facilities? Who says? Freeman: Many good bodies recognize that de-concentration as desirable, including the State of Minnesota, City of Minneapolis, City of St. Paul. Let's not forget the Hollman Agreement. YEAGER REBUTTAL. McShane: You say the disabled want to live here at 1920 LaSalle. How do you know that? Yeager: They are already in the neighborhood in shelters or transitional housing, and if you build Lydia House�� McShane: Are you about to say if you build it, they will come? Yeager: Well, yes, your honor. Tom Berthiaume Whittier, Stevens Square, Loring Park, Navarre _______________________________________ Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[EMAIL PROTECTED] Subscribe, Unsubscribe, Digest, and more: http://e-democracy.org/mpls
