For Release: August 13, 2009
Contact: David Clementson
Email: dclementson@oag.state.va.us
Phone: 804-786-2071
Statement of Attorney General Mims
~ On Wythe County settling with the Commonwealth regarding allegations of discrimination against the disabled, equal-housing violations ~
RICHMOND – Attorney General Bill Mims released the following statement today regarding Wythe County’s agreement to comply with Virginia's Fair Housing Law as part of a consent order resolving a civil lawsuit filed by the Attorney General’s Office against Wythe County for violations of that Law:
“I commend the Wythe County Board of Supervisors for reaching a settlement with our client, the Virginia Fair Housing Board, and agreeing to comply with Virginia’s Fair Housing Law.
“This legal action was not taken lightly. The principles involved – ensuring fair housing for all Virginians and providing a continuum of community care for children who have mental disabilities – are fundamental.”
The case involves an application by Camelot of Virginia LLC to establish a group home in Wythe County for up to eight children under the age of 18 who have mental disabilities. A “needs assessment” showed this area is underserved, with children having to travel hours for services provided by such a group home. The County discriminated against this proposed group home by passing an ordinance intended to block group homes in Wythe County. During meetings and public comment sessions, Wythe County Supervisors declared their opposition to the proposed group home and promised citizens that they would do whatever it took to stop “this type of facility.”
Virginia’s Fair Housing Law makes it unlawful for a government entity to discriminate or deny a dwelling to any person because of disability. Further, Virginia law generally provides that restrictive covenants and zoning ordinances must treat group homes intended for eight or fewer mentally disabled residents as a residential occupancy by a single family, and no conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage or adoption shall be imposed on such group homes.
The settlement is in the form of a Consent Order presented for entry by the Wythe County Circuit Court. The Board of Supervisors agrees to remove discriminatory barriers aimed at group homes with eight or fewer disabled residents, issue public apologies, offer and attend training on fair housing policies, and display Fair Housing brochures prominently at its Board of Supervisor meetings.
“Virginia has made positive strides to reform children’s mental health law and policies, particularly by emphasizing the importance of services in the community,” Attorney General Mims added. “I recognize and respect a locality’s ability to direct its own affairs within the bounds of the law. However, that public good must yield to a higher priority -- non-discrimination against children based upon mental disabilities.”
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