Advocates for Utah residents with disabilities are constantly on the lookout for violations of state and federal laws, and they are not afraid to sue to protect the rights of the disabled.
The Disabled Rights Action Committee often brings lawsuits against violators of the Americans with Disabilities Act and the Fair Housing Act, and they often win, said Barbara Toomer, director of the Disabled Rights Action Committee.
"Noncompliance is easy to see," Toomer said. "It's right there."
The organization on Monday filed a federal lawsuit against the owners, developers and contractors of a 42-unit Cedar City development, alleging it discriminates against people with disabilities by denying them the opportunity to live in the apartment complex.
The lawsuit specifically names Eric O. Leavitt, Gov. Mike Leavitt's brother, who is one of the complex's owners.
Eric Leavitt said there had been no complaints about the building and that he had not been notified of the lawsuit. "We obviously take this very seriously. If we are out of compliance then we will do what we need to be in compliance."
According to the lawsuit, the three-story, three-building complex violates the Fair Housing Act, which applies to all multifamily dwellings built after March 13, 1991. The buildings were constructed in 1993.
The Disabled Rights Action Committee was made aware of the alleged violations by a disabled woman who was interested in moving into the building, Toomer said.
The main reason for bringing such suits is to force developers to comply with the law and to provide disabled people with more housing options, Toomer said.
"It widens the ability of people who use wheelchairs to get into various apartments," she said, "but it also helps people who are already in the apartments who may become disabled."
Requirements of the Fair Housing Act include:
Common areas that are readily accessible and usable by the disabled.
Doors that are designed to allow passage by people in wheelchairs.
Light switches, electrical outlets and thermostats must be accessible.
Bathroom walls must be reinforced to allow installation of grab bars.
Kitchens and bathrooms must allow enough space for people in wheelchairs to maneuver.
The suit requests the apartment buildings be changed and brought into compliance with the law.
It also seeks unspecified punitive damages, which Toomer said are needed for two reasons.
First, she said, the funds allow the Disabled Rights Action Committee to "continue our good work" and eliminate discrimination against individuals with disabilities.
Second, the judgment encourages others to honor the laws.
"For some reason, developers, contractors and various architects only listen to their pocketbooks," Toomer said.
Contributing: The Associated Press
E-MAIL: awelling@desnews.com