Protection & Advocacy Inc.

Advancing the rights of Californians with disabilities

SAN DIEGO REGIONAL OFFICE

1111 Sixth Avenue, Suite 200

San Diego, CA 92101

Tel: (619) 239-7861

TTY: (800) 576-9269

Toll Free: (800) 776-5746

Fax: (619) 239-7906

www.pai-ca.org

FOR IMMEDIATE RELEASE

SUIT FILED AGAINST CITY OF BUENA PARK  
ON BEHALF OF GROUP HOME RESIDENTS

August 31, 2007 - Four residents of a small group home for people with disabilities in the City of Buena Park in the heart of Orange County filed suit in federal court yesterday claiming that the City had engaged in discriminatory and selective enforcement of its zoning ordinances. The ordinances require that sufficient off-street parking be provided and that the two car garage space be used solely for parking.  Since 1993, the residents have used the garage as a recreation room as part of the therapeutic program offered them.  The room includes a piano, a pool table, and exercise equipment. None of the residents have vehicles or are able to drive.

The suit alleges that Code Enforcement for the City of Buena Park began an investigation of the group home in response to a complaint from a neighbor who did not want “those people” living in the neighborhood.   The City has threatened criminal prosecution against the administrator for violation of the ordinances.

“The irony is that use of a garage for things other than parking is commonplace in the neighborhood,” says Ann Menasche, a lawyer with Protection & Advocacy, Inc., a disability rights agency representing the residents.  “There is simply no justification for forcing the administrator to remove this necessary amenity from the residents’ housing. Fortunately, there are strong laws prohibiting such discrimination against people with disabilities and requiring that cities accommodate their needs.  Protection & Advocacy is committed to making sure those laws are enforced.”  

The law suit seeks damages and an injunction to allow the residents to continue to use their recreation room.

Contact: Ann Menasche, 619-239-7861; mailto:ann.menasche@pai-ca.org