HomeMy WebLinkAboutContract 47563 CITY SECRETARY
_ CONTRACT NO.
rte! RECEM
LIAR�4 2016 UNITED STATES DISTRICT
COURT NORTHERN DISTRICT
s CNOFFORTURTHOF TEXAS FORT WORTH
GltYSECREfARY ),C'44
DIVISION
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UNITED STATES OF AMERICA, )
Plaintiff, )
and )
EBBY'S PLACE, LLC, a Texas limited )
liability company, and BEN PATTERSON, )
Civil Action No. 4:15-CV-00304-0
Plaintiff-Intervenors, )
V. )
CITY OF FORT WORTH, TEXAS )
Defendant. )
CONSENT DECREE
L BACKGROUND
1. The United States initiated this action against the City of Fort Worth, Texas (the
"Defendant" or the "City") to enforce Title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988 (the "Fair Housing Act" or
"FHA"), 42 U.S.C. §§ 3601-3619, and Titles II and V of the Americans with Disabilities
Act, 42 U.S.C. §§ 12131, et seq., and its implementing regulations, 28 C.F.R. Part 35 (the
"Americans with Disabilities Act" or "ADA"). In its First Amended Complaint, the
United States alleges that the City violated the FHA and the ADA on the basis of
disability when it refused to allow Ben Patterson to operate Ebby's Place, LLC ("Ebby's
Place"), a sober home for persons recovering from drug or alcohol addiction, in a single-
t
family residential zone in Fort Worth. Specifically, the United States alleges that the City
violated 42 U.S.C. § 3604(f)(1) of the FHA by denying or otherwise making dwellings
unavailable because of disability; violated 42 U.S.C. § 3604(f)(2) of the FHA by
discriminating in the terms, conditions, or privileges of housing, or in the provision of
services or facilities in connection with housing because of disability; violated 42 U.S.C.
§ 3604(f)(3)(B) of the FHA by failing or refusing to make a reasonable accommodation
in rules, policies, practices, or services, when such accommodation may have been
necessary to afford persons with handicaps an equal opportunity to use and enjoy a
dwelling; and violated 42 U.S.C. § 3617 of the FHA by coercing, intimidating,
threatening, or interfering with the rights of persons in the exercise or enjoyment of, or
because they exercised or enjoyed or aided persons with disabilities in exercising or
enjoying, rights granted or protected by the FHA. The United States alleges that the
City's conduct constitutes a denial of rights to a group of persons that raises an issue of
general public importance in violation of the FHA, 42 U.S.C. § 3614(a), or a
discriminatory housing practice under 42 U.S.C. § 3614(b). The United States also
alleges that the Defendant violated 42 U.S.C. § 12132 of the ADA by excluding persons
with disabilities from participating in and denying them the benefits of services,
programs, or activities of the City and failing to make a reasonable modification in its
policies, practices, or procedures, which excluded persons with disabilities from
participating in or denied them the benefits of services, programs, or activities of the
City; and violated 42 U.S.C. § 12203(b) by coercing, intimidating, threatening or
interfering with an individual exercising or enjoying, or aiding others in exercising or
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enjoying, rights granted and protected by the ADA. The City denies the United States'
allegations.
2. On or about April 17, 2012, Ebby's Place filed a timely complaint with the United
States Department of Housing and Urban Development ("HUD") pursuant to 42 U.S.C. §
3610(a) against the City alleging discrimination in housing on the basis of disability.
After the City allegedly denied a subsequent request for a reasonable accommodation,
Ebby's Place amended its HUD complaint on or about April 22, 2013. Pursuant to the
requirements of 42 U.S.C. § 3610(a) and (b), the Secretary of HUD determined that the
complaint involved the legality of state or local zoning or other land-use laws or
ordinances. Accordingly, pursuant to 42 U.S.C. § 3610(e)(2), on or about June 12, 2013,
the Secretary referred this matter to the Attorney General for appropriate action.
3. Ebby's Place and Ben Patterson (jointly referred to as "Plaintiff-Intervenors")
intervened into this matter. On January 22, 2016, they filed a Complaint alleging that the
City's actions violated the FHA and the ADA. Specifically, Plaintiff-Intervenors allege
that the City violated the FHA by: denying or otherwise making housing unavailable to
Plaintiff-Intervenors and Residents because of their disability; using the City's zoning
code as a pretext to exclude the Plaintiff-Intervenors and the Residents because of their
disability; enforcing discriminatory zoning rules and policies on the Plaintiff-Intervenors
and the Residents because of their disability; interfering with the right of the Plaintiff-
Intervenors and the Residents to live in the dwelling of their choice; failing to make
reasonable accommodations in the City's zoning code and its application to afford the
Plaintiff-Intervenors and the Residents an equal opportunity to use and enjoy the
property; and retaliating against the Plaintiff-Intervenors and the Residents because of
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their exercise of their legal rights under the FHA. In addition, Plaintiff-Intervenors allege
that the City violated their rights under the ADA by: denying Plaintiff-Intervenors and
the Residents the opportunity to participate in or benefit from the supportive housing that
Plaintiff-Intervenors offer; using and administering zoning codes, land use, and building
codes with the purpose and effect of subjecting Plaintiff-Intervenors and the Residents to
discrimination based on their disability; subjecting Plaintiff-Intervenors and the Residents
to discrimination on the basis of their disability; denying Residents with disabilities the
opportunity to participate in a program in the most integrated setting appropriate to their
needs in a discriminatory manner and different from the opportunities presented to
individuals without disabilities; and enforcing the Code to deny Plaintiff-Intervenors and
the Residents the enjoyment of rights, privileges, advantages, and opportunities enjoyed
by individuals without disabilities in a manner that is discriminatory against Ebby's Place
and its Residents. The City denies the Plaintiff-Intervenors' allegations.
4. The City of Fort Worth is a "public entity" within the meaning of the ADA, 42
U.S.C. § 12131(1), 28 C.F.R. § 35.104, and is therefore subject to Title 11 of the ADA, 42
U.S.C. §§ 12131, et seq., and its implementing regulations, 28 C.F.R. Part 35.
5. The United States and Plaintiff-Intervenors allege the following with respect to
Ebby's Place. Ebby's Place, LLC is a Texas-based limited liability company with its
principal place of business in Fort Worth, Texas. Ebby's Place, LLC provides a residence
called "Ebby's Place," a four-bedroom home for persons with disabilities recovering
from drug and alcohol addiction. Ebby's Place is located at 6245 Granite Creek Drive in
Fort Worth, Texas, and is in an A-5, single-family residential zone. Ebby's Place is home
to residents with disabilities recovering from drug and alcohol addiction. As a sober
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home, Ebby's Place seeks to provide an environment where residents who have
successfully completed at least a 30-day drug or alcohol treatment program live together
to reinforce and encourage their mutual commitment to recovery by assisting one another
to refrain from alcohol or drug usage. Residents of Ebby's Place pay rent and sign a
contract to follow house rules. Residents are prohibited from using drugs or alcohol and
must agree to mandatory drug testing. Residents must also work, seek employment, or
attend school and must work with sponsors to maintain their sobriety. Ebby's Place
residents at 6245 Granite Creek Drive are persons with disabilities within the meaning of
42 U.S.C. § 3602(h) and "qualified individuals with disabilities" within the meaning of
42 U.S.C. §§ 12102 and 12131(2) and 28 C.F.R. § 35.104.
6. The sober home located at 6245 Granite Creek Drive is a "dwelling" within the
meaning of the FHA, 42 U.S.C. § 3602(b).
7. The United States Department of Justice is the federal agency responsible for
administering and enforcing Titles II and V of the ADA, 42 U.S.C. § 12131, et seq.
8. On March 1, 2016, the City adopted the Reasonable Accommodation Ordinance,
22098-03-2016, as set forth in Attachment A.
9. This Consent Decree (the "Decree") is intended to effect a comprehensive
settlement of the United States' and the Plaintiff-Intervenors' claims. The entry into this
decree by the City is not an admission of wrongdoing. However, to avoid costly and
protracted litigation, the United States, Plaintiff-Intervenors, and the City have jointly and
voluntarily entered into and consent to the entry of this Decree to resolve the claims
presented, as indicated by the signatures below.
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10. The parties agree that nothing contained in this Decree shall be construed as a
finding or determination that the City or any of its agents, employees, or elected or
appointed officials violated the FHA or ADA or engaged in unlawful practices that may
have discriminated on the basis of disability. Accordingly, it is hereby ORDERED,
ADJUDGED, and DECREED:
II. DEFINITIONS
11. The following definitions apply to the terms when used in this Decree:
a. The terms "Defendant" and "City" include: the City of Fort Worth, the
City Council, the City's employees, elected or appointed officials, officers, agents, and
persons or entities acting in concert or participation with them;
b. "Disability" refers to: the definition of "handicap" included in the Fair
Housing Act, see 42 U.S.C. § 3602(h); 24 C.F.R. § 100.201; and the definition of
"disability" included in the Americans with Disabilities Act, see 42 U.S.C. § 12102(1);
28 C.F.R. § 35.104;
C. "Reasonable Accommodation" refers to: accommodations in rules,
policies, practices, or services, when such accommodations may be necessary to afford a
person with a disability an equal opportunity to use and enjoy a dwelling, within the
meaning of 42 U.S.C. § 3604(f), 24 C.F.R. § 100.204, and any applicable case law; and
"reasonable modifications" as used in the implementing regulation for Title II of the
ADA at 28 C.F.R. § 35.130(b)(7) and any applicable case law; and
d. The "effective date of the Decree" refers to the date the Court enters this
Consent Decree.
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III. GENERAL INJUNCTIONS AND NON-DISCRIMINATION
PROVISIONS
12. The Defendant, its employees, elected or appointed officials, officers, agents, and
persons or entities acting in concert or participation with it, shall not:
a. Discriminate in the sale or rental, or otherwise make unavailable or deny,
a dwelling to any buyer or renter because of a disability of that buyer or renter, of a
person residing in or intending to reside in that dwelling, or of any person associated with
that buyer or renter;
b. Discriminate against any person in the terms, conditions, or privileges of
sale or rental of a dwelling, or in the provision of services or facilities in connection with
such dwelling, because of a disability of that person, of a person residing in or intending
to reside in such dwelling, or of any person associated with that person;
C. Refuse to make reasonable accommodations in its rules, policies,
practices, or services, when such accommodations may be necessary to afford a person
with disabilities an equal opportunity to use and enjoy a dwelling;
d. Deny individuals with disabilities the benefits of services, programs, or
activities of the City;
e. Refuse to make reasonable modifications to policies, practices, or
procedures when the modifications are necessary to afford individuals with disabilities an
equal opportunity to obtain the same result, to gain the same benefit, or to reach the same
level of achievement as that provided to others; or
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f. Coerce, intimidate, threaten, or interfere with any person in the exercise or
enjoyment of, or on account of his or her having exercised or enjoyed, or on account of
his or her having aided or encouraged any other person in the exercise or enjoyment of,
any right granted or protected by the FHA or the ADA.
13. The preceding injunctions shall specifically, but not exclusively, cover:
a. Administering, enforcing, or amending zoning ordinances of the City of
Fort Worth, including, but not limited to, receiving, evaluating, or deciding upon
applications for reasonable accommodation, reasonable modification, building permits,
special exceptions, variances, or uses not provided for; and
b. Conducting hearings, inspecting premises, issuing certificates of zoning
compliance or certificates of occupancy, or in reviewing any decision made by any
zoning, land-use, or building official.
IV. SPECIFIC INJUNCTIVE RELIEF
14. The Defendant shall allow Plaintiff-Intervenors to operate a sober home for up to
seven (7) persons total at 6245 Granite Creek Drive in Fort Worth, Texas. This
permission shall not be revoked for any reason that violates the FHA or the ADA. The
City shall not enforce any code or restriction in a manner that discriminates on the basis
of disability against Ebby's Place, or persons currently associated with Ebby's Place. The
City shall rescind all citations issued to Ebby's Place or Ben Patterson and expunge any
conviction related to its enforcement of the Zoning Ordinance against Ebby's Place or
Ben Patterson for operating a business in a residential neighborhood and any related
convictions.
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15. On March 1, 2016, the City adopted the Reasonable Accommodation Ordinance„
included as Attachment A, establishing a process for requesting and responding to
requests for reasonable accommodation or reasonable modification relating to its rules,
policies, practices, and in the provision of its services regarding the City's Zoning
Ordinance. This ordinance:
a. describes where and how the Defendant will accept and process requests
for accommodation or modification in its rules, policies, practices, or in the provision of
its services;
b. requires the City to maintain records of requests for reasonable
accommodation or modification and the Defendant's responses thereto, including final
written decisions;
C. requires the City to acknowledge all requests for reasonable
accommodation or modification in writing and within ten (10) calendar days of the
Defendant's receipt of a request orally, if it is apparent to a City employee or staff that
assistance is needed in completing a written request, or in writing;
d. provides for written notification to those requesting a reasonable
accommodation or modification of the decision regarding each request for
accommodation or modification within thirty (30) days of the receipt of the request, and
communicating denials of a request for accommodation or modification and the basis for
such denials in writing; and
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e. provides that the City will not impose any fee or cost for reasonable
accommodation or reasonable modification requests or otherwise retaliate against any
person for making such a request.
16. Within ten (10) days after the date of entry of this Decree and throughout the term
of this Decree, the Defendant shall post and publicly display the reasonable
accommodation ordinance described in paragraph 15 on the City's website, and at the
offices of the Defendant in which legal notices, announcements, or vacancies are posted.
For the term of the Decree, the City shall process requests for reasonable
accommodations and reasonable modifications in accordance with the ordinance and
shall not change its practices and policies with respect to reasonable accommodations and
reasonable modifications without prior approval of the United States, which approval
shall not be unreasonably withheld.
17. Within sixty (60) days after the date of entry of this Decree, the Defendant shall
propose a detailed written plan that provides a process by which City employees or
officials responsible for receiving reasonable accommodation or reasonable modification
requests or otherwise implementing the ordinance described in paragraph 15 will be
trained in executing the provisions of the ordinance, including annual training on the
processes and procedures by which reasonable accommodation and reasonable
modification requests will be evaluated and the definition of "disability" within the
meaning of the FHA and ADA. The Defendant's trainer shall receive annual training on
the Fair Housing Act and the Americans with Disabilities Act with a specific emphasis on
discrimination on the basis of disability, pursuant to Section VI of this Order, and must
receive the first such training prior to conducting the training referenced in this
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paragraph. The trainer shall certify that he/she has received this training in the form of
Attachment C. The Defendant's trainer will be a member of the City's Planning and
Development Department. The written plan, including training materials referenced in
the plan must be approved by the United States, which approvals will not be
unreasonably withheld. Within thirty (30) days of receiving approval from the United
States, the Defendant shall implement the plan. The initial training provided in
accordance with this plan shall be conducted live and video recorded. Subsequent
training classes may view the recorded video in lieu of live instruction. The Defendant
shall maintain copies of the written materials used and provided for each training. The
Defendant shall provide the training required by this paragraph in addition to the training
required by Part VI of this Decree. Any expenses associated with this plan shall be borne
by the Defendant.
18. For the duration of the accommodation and at least five years, the Defendant shall
keep written records of each request for reasonable accommodation or modification it
receives. These records shall include: (A) the name, address, and telephone number of the
person making the request if available; (B) the date on which the request was received;
(C) the nature of the request; (D) whether the request was granted or denied; and (E) if
the request was denied, the reason(s) for the denial.
19. The City shall not otherwise modify the Zoning Ordinance text, or any other City
ordinance in a manner such that the modification narrows, reduces, or limits the rights of
persons with disabilities to reside in a residence of their choosing within the residential
zones of the City.
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20. Nothing in this Decree shall be interpreted to require persons with disabilities or
providers of housing for persons with disabilities acting or operating in accordance with
applicable zoning, licensing, and/or land use laws and practices, to seek permission from
the Defendant to begin or continue such action or operation. However, nothing in this
Decree eliminates responsibilities imposed on all dwellings, including Ebby's Place, by
the City's Code and all applicable codes, including, but not limited to the Zoning
Ordinance and other applicable health and safety codes. Nothing in this Decree prohibits
the City from properly denying a request for a reasonable accommodation or
modification under its reasonable accommodation ordinance, included as Attachment A.
V. COMPLIANCE OFFICER
21. No later than thirty (30) days after the effective date of this Decree, the Defendant
shall designate an employee or official of the City of Fort Worth as the Compliance
Officer. The Compliance Officer shall have the responsibility to receive complaints
against the City of alleged housing discrimination involving housing for persons with
disabilities, and to coordinate the City's compliance with this Decree. The designated
person shall maintain copies of the Decree, the web link to the HUD complaint form
(https://portal.hud.gov/FHEO903/Form903/Form903Start.action) and the contact
information for HUD, and make these materials freely available to anyone upon request
and without charge, including all persons making housing discrimination complaints to
the Defendant. The Defendant shall notify the United States in writing of the name,
address, telephone number, and title of the designated person no later than thirty (30)
days after the effective date of the Decree. Should the designation of the Compliance
Officer change during the term of this Decree, the Defendant shall, within ten (10) days
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of such change, notify the United States in writing of the name of the new Compliance
Officer and his or her contact information.
VI. FAIR HOUSING TRAINING
22. Within ninety (90) days from the effective date of the Decree, and annually for
the duration of the decree, the Defendant shall -hold training on the requirements of the
Decree, the Fair Housing Act, and the Americans with Disabilities Act with a specific
emphasis on discrimination on the basis of disability to the professional staff of the City
Council, the Zoning Commission, professional staff of the Planning and Development
Department and the City's Code Compliance Department, and anyone else who has direct
or supervisory authority in connection with building, zoning, and land use. The
training(s) shall be conducted live by a qualified third party once a year and videotaped.
Any employee or official who was not trained live shall be trained through viewing the
videotape and attending a Question and Answer session on the training. Additionally, the
City Manager shall hold a one-time, live Fair Housing training for the Mayor and Council
in compliance with the Texas Open Meetings Act. The trainer(s) for the live presentation
shall be unconnected to the Defendant or its employees, officials, agents, or counsel.
Trainer(s) and training must be approved annually by the United States, which approval
will not be unreasonably withheld. The Question and Answer sessions for trainings by
videotape shall be facilitated by a staff member of the City's Human Relations Unit, who
shall certify in the form of Attachment C that he/she receives annual training on the Fair
Housing Act and the Americans with Disabilities Act before facilitating the sessions.
Any expenses associated with training shall be borne by the Defendant.
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23. As part of the training, each person trained shall be given a copy of the Decree,
the FHA, and the ADA.
24. The Defendant shall, no later than ten (10) days after training, provide to the
United States certifications executed by each person trained confirming his or her
attendance and date of training. The certifications shall be in the form of Attachment B.
25. The initial training(s) shall be video-recorded, and the Defendant shall maintain
copies of the written materials provided for each training. For each person commencing
employment or service in any of the positions listed in this part, the Defendant shall, no
later than twenty (20) days after such commencement or service, give each such person a
copy of the Decree, the Fair Housing Act, the Americans with Disabilities Act, and any
written materials provided in connection with all live trainings required by this Decree;
require each such person to review the recordings of trainings; and require each such
person to sign a certification acknowledging that he or she has received and read or
reviewed the Decree, the FHA, the ADA, recorded trainings, and training materials. This
certification shall be in the form of Attachment D.
VII. REPORTING AND RECORD KEEPING'
26. At least thirty (30) days prior to adopting any amendment or modification to any
district that allows for residential use pursuant to the Zoning Ordinance or to other City
rules, laws, or ordinances, that affect housing for persons with disabilities in any way
related to the FHA or ADA, including the reasonable accommodation ordinance
The Defendant shall send all documents, notices, and other communications required by the Decree to be sent to
the United States, to: Chief, Attn: DJ 4175-73-367, United States Department of Justice, Housing and Civil
Enforcement Section, Civil Rights Division, 1800 G Street, NW, Suite 7002, Washington, DC 20006. The
Defendant shall send all documents, notices, and communications required by or relating to this Decree by via
overnight delivery service.
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described in paragraph 15, the Defendant shall provide the United States with a copy of
any proposed amendment or modification. Nothing herein shall prevent the Fort Worth
Zoning Commission or City Council from making modifications to a proposed zoning
change on the date of adoption that are: (1) non-substantive2 and related to the FHA or
ADA; or (2) unrelated to the FHA or ADA.
27. The Defendant shall prepare biannual reports that detail all actions it has taken to
fulfill its obligations under the Decree. The Defendant shall submit its first Compliance
Report to the United States no later than six (6) months after the effective date of the
Decree, and subsequent reports every six months thereafter, for the duration of the
Decree, except that the final report shall be delivered to the United States no fewer than
sixty (60) days prior to the date upon which the Decree is scheduled to expire.
28. The Defendant shall include the following information in the Compliance
Reports:
a. The name, address, telephone number, and title of the employee or official
serving as the Compliance Officer, referenced in paragraph 21;
b. Any documentation of a complaint received since the last report alleging
discrimination with respect to any matter subject to the injunctions in Part III, above,
including a description of any action taken in response to the complaint and copies of all
pertinent documents, such as a copy of the complaint, any documents filed with the
complaint, and any written response to the complaint by the City;
Z For the purposes of this paragraph non-substantive modifications include typographical, grammatical, or
formatting corrections.
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C. Copies of written materials provided in connection with all trainings
referenced in this Decree;
d. Copies of video recordings of all trainings referenced in this Decree since
the last report;
e. Copies of the training certification and acknowledgment forms referenced
in paragraphs 17, 22 and 25 since the last report;
f. A summary of each zoning request or zoning application related to
housing or services for persons with disabilities requesting a reasonable accommodation
or reasonable modification (including those for building permits, site plans, special
exceptions, variances) for which the City has made a determination, indicating: (1) the
date of the application; (2) the applicant's name; (3) the applicant's current residential
street address; (4) the street address of the subject property or proposed housing; (5) the
disposition of the application, including any appeals; (6) the reason(s) for each outcome,
including a summary of the facts upon which the City relied; (7) complete copies of any
minutes or video recordings from all meetings or hearings discussing the zoning request
or application; and (8) if a vote was taken, how each participant voted and the date of the
vote;
g. All documents presented in support of oral testimony offered by any
member of the public at any hearing held with respect to each such application or request
that is denied by Defendant; and
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h. Copies of any changes to the City's Zoning Ordinance relating to or
affecting any housing for persons with disabilities pursuant to paragraph 15 above
enacted after the Defendant's last compliance report was issued.
29. For the duration of this Decree, the Defendant shall maintain all records relating
to implementation of and compliance with all provisions of the Decree, including, but not
limited to, all records related to zoning, land-use, or building applications related to
requests for reasonable accommodation or modification related to housing for disabled
persons. The United States shall have the opportunity to inspect and copy any such
records after giving reasonable notice to the Defendant.
VIII. COMPENSATION OF PLAINTIFF-INTERVENORS
30. Within thirty (30) days of the effective date of this Decree, the Defendant shall
pay Plaintiff-Intervenors one-hundred thirty-five thousand dollars ($135,000.00) for the
purpose of compensating it for the harm that it allegedly suffered as a result of the City's
alleged discriminatory policies and actions relating to 6245 Granite Creek Drive. The
sum shall be paid by sending a check to counsel for Ebby's Place made payable to
Smolker, Bartlett, Loeb, Hinds & Sheppard
31. Plaintiff-Intervenors must execute a release-of-claims form, in the form of
Attachment E, signifying that the payment constitutes full settlement of any claims the
payee may have relating to the subject matter of this action. The United States shall
obtain the signed release form and provide it to the Defendant upon receipt of the check.
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IX. CIVIL PENALTY
32. Within thirty (30) days of the effective date of this Decree, the Defendant shall
pay to the United States a civil penalty of ten thousand dollars ($10,000.00) to vindicate
the public interest, pursuant to 42 U.S.C. § 3614(d)(1)(C). The payment shall be in the
form of an electronic fund transfer pursuant to written instructions to be provided by the
United States.
33. In the event that the Defendant, its agents, or its employees engage in any future
violation(s) of the FHA, against persons with disabilities or perceived disabilities, as
defined by the Court, such violation(s) shall constitute a "subsequent violation" under 42
U.S.C. § 3614(d)(1)(C)(ii).
X. JURISDICTION AND SCOPE OF DECREE
34. The parties stipulate that the Court has jurisdiction over this action, and may grant
the relief sought herein under 28 U.S.C. §§ 1331 and 1345; 42 U.S.C. §§ 3614(a), (b),
and 12133; and 28 U.S.C. §§ 2201 and 2202.
35. This Decree shall remain in effect for a period of three (3) years after its effective
date. The Court shall retain jurisdiction for the duration of this Consent Decree to enforce
the terms of the Decree, after which time the case shall be dismissed with prejudice. Prior
to the expiration of the Decree's term, in the interest of justice and for good cause shown,
the United States may move the Court to extend the duration of the Decree.
XI. ENFORCEMENT
36. The parties shall endeavor in good faith to resolve informally any differences
regarding interpretation of, and compliance with, this Decree prior to bringing such
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matters to the Court for resolution. However, in the event of a failure by the Defendant to
perform in a timely manner any act required by this Decree, or otherwise to act in
conformance with any provision thereof, the United States may move this Court to
impose any remedy authorized by law or equity, including, but not limited to, an order
requiring performance of such act, and an award of any damages, costs, and reasonable
attorney's fees that may have been occasioned by the violation or failure to perform.
37. The parties will bear their own costs and fees associated with this litigation.
XII. RELEASE OF LITIGATION HOLDS
38. The parties agree that, as of the date of the entry of this Decree, litigation is not
"reasonably foreseeable" concerning the matters described in Part I above. To the extent
that any party previously implemented a litigation hold to preserve documents,
electronically stored information, or things related to the matter described in Part I above,
the party is no longer required to maintain such a litigation hold. Nothing in this
paragraph relieves either party of any other obligations imposed by this Consent Decree.
SO ORDERED this_ day of , 2016.
Reed O'Connor
UNITED STATES DISTRICT JUDGE
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FOR PLAINTIFF UNITED STATES:
JOHN R. PARKER VANITA GUPTA
United States Attorney Principal Deputy Assistant Attorney General
Northern District of Texas Civil Rights Division
SAMEENA SHIVA MAJEED
Acting Chief
TIMOTHY J. MORAN
Deputy Chief
TAMICA H. DANIEL
D.C. Bar#995891
tamica.danielnusdoj.ov
LORI K. WAGNER
Virginia State Bar #39446
KATHARINE F. TOWT
Massachusetts State Bar #690461
Trial Attorneys
Housing and Civil Enforcement Section
Civil Rights Division
United States Department of Justice
950 Pennsylvania Avenue, NW (NWB
Washington, D.C. 20530
Phone: (202) 514-4721
Facsimile: (202) 514-1116
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FOR PLAINTIFF-INTERVENORS EBBY'S PLACE, LLC & BEN PATTERSON:
Michael K. Hurst Steven G. Polin
Texas Bar No. 10316310 Bar No.
mhurst a,ghetrial.com Law Office of Steven G. Polin
John Franklin Guild 3034 Tennyson Street, NW
Texas Bar No. 24041022 Washington, DC 20015
juilde,Qhetrial.com Phone: (202) 331-5848
Gruber Hurst Elrod Johansen Hail Shank Facsimile: (202) 331-5849
LLP spolin2 aearthlink.net
1445 Ross Avenue, Suite 2500
Dallas, Texas 75202-2711 Kevin J. Healey
Phone: (214) 855-6800 Bar No.
Smolker, Bartlett, Loeb, Hinds & Sheppard
100 N. Tampa Ave., Suite 2050
Tampa, Florida 33602
Phone: (813) 223-3888
Facsimile: (813) 228-6422
KevinHnsmolkerbartlett.com
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FOR THE DEFENDA
arah Fullenwider, Fernando Costa,
City Attorney Assistant City Manager
State Bar No. 24001011 On Behalf of the City of Fort Worth
Christopher B. Mosley,
Senior Assistant City Attorney ATTEST:
State Bar No. 00789505
City of Fort Worth, Texas
1000 Throckmorton Street
Fort Worth, Texas 76102 Malry J. Ka} its Se tary
Phone: (817) 392-7603
Facsimile: (817) 392-8359
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Attachment A
ORDINANCE
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Attachment B
CERTIFICATION OF TRAINING AND RECEIPT OF CONSENT DECREE
On , I attended training on the Fair Housing Act and Titles II and V of
the Americans with Disabilities Act. I have had all of my questions concerning these topics
answered to my satisfaction.
I also have been given and I have read copies of the Fair Housing Act, the Americans with
Disabilities Act, and the Consent Decree entered in United States v. City of Fort Worth, Civil
No. 4:15-CV-00304-0 (N.D. Tex.). I understand my legal responsibilities and will comply with
those responsibilities.
Signature
Print Name
Position with City of Fort Worth
Business Address
Business Address Continued
Business Telephone Number
Date
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Attachment C
CERTIFICATION OF QUALIFICATION TO TRAIN
I certify that I have received training on the Fair Housing Act and the Americans with
Disabilities Act, as described below:
Fair Housing Act
Training date:
Training name:
Training provider:
Americans with Disabilities Act
Training date:
Training name:
Training provider:
Signature
Print Name
Position with City of Fort Worth
Business Address
Business Address Continued
Business Telephone Number
Date
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Attachment D
ACKNOWLEDGMENT OF RECEIPT OF COPIES OF THE FAIR HOUSING ACT,
THE AMERICANS WITH DISABILITIES ACT, AND THE CONSENT DECREE
On , I reviewed pre-recorded training and read training materials on the Fair Housing Act
and Titles II and V of the Americans with Disabilities Act.,
I also received copies of the Fair Housing Act, the Americans with Disabilities Act, and the
Consent Decree entered in United States v. City of Fort Worth, Civil No. 4:15-CV-00304-0
(N.D. Tex.). I have reviewed these documents and have had all of my questions concerning
these documents answered to my satisfaction. I understand my legal responsibilities and will
comply with those responsibilities.
Signature
Print Name
Position with City of Fort Worth
Business Address
Business Address Continued
Business Telephone Number
Date
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Attachment E
FULL AND FINAL RELEASE OF CLAIMS
In consideration of the parties' agreement to the terms of the Consent Decree they entered
into in the case of United States v. City of Fort Worth, as approved by the United States District
Court for the Northern District of Texas, and in consideration for the payment of
(S ), I, Ben Patterson, along with the corporate entities in which I have ownership
interest, do hereby release and forever discharge the City of Fort Worth, along with its principals,
predecessors, successors, insurers, agents, directors, officers, employees, former employees,
administrators, assigns, and any person acting under its direction or control, from any and all
claims, costs, and expenses, including attorney's fees. This Release includes, but is not limited
to, all fair housing claims set forth or which could have been set forth, in the Complaint in this
lawsuit and any other claims that 1 may have had against the City of Fort Worth for any of its
actions through the date of the entry of the Consent Decree. I hereby acknowledge that I have
read and understand this release and have executed it voluntarily and with full knowledge of its
legal consequences.
Executed this day of , 2016.
Signature
Print Name
Address
Address Continued
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