Collier Cnty. v. Training & Educ. Ctr. for Handicapped

(Fla. 20th Jud. Cir.), reported in 3 ABA Mental Disab. L. Rptr. 111 (1979)

SLC brought the first lawsuit under federal disability discrimination laws to challenge Florida’s application of zoning restrictions on group homes for persons with disabilities. The lawsuit was initiated by Collier County for alleged public nuisance and local zoning code violations that restricted non-familial residential groups. We filed counterclaims on behalf of residents with disabilities based on the federal Rehabilitation Act and Civil Rights Act, and our federal constitutional claims were upheld by the trial court. These rulings came at a time when there was no precedent as to the application of these federal statutory and constitutional provisions to local zoning codes as they affected citizens with disabilities, and no precedent in Florida on whether state courts had concurrent jurisdiction to entertain federal claims under these civil rights laws. The group home residents were permitted to continue their occupancy, an important victory in the ongoing struggle to ensure persons with disabilities are permitted to reside in the community and not be subject to unlawful segregation and discrimination.