Discrimination Suit Filed Against NY Town

We have filed a federal lawsuit against the Town of Vestal, New York in a case that we contend clearly shows discriminatory and unconstitutional action taken against our client, Candlehouse Teen Challenge.

Candlehouse is a Christian, non-profit organization that seeks to provide a family-like residential program for women recovering from addiction and/or emotional problems. Before 2008, Candlehouse operated in a neighboring town without incident but was in need of a larger facility to provide its residents with more space and a place to worship.

The director of Candlehouse, Richard Mecklenborg, began searching for property to accommodate his vision for Candlehouse's future: operation of a church called Mirador Assembly of God, as well as a residential facility on one property (or nearby properties).  In September 2008, Mecklenborg located available property, formerly the St. Andrews campus, at 400 Mirador and 401 LaGrange Street in Vestal, NY.  Immediately following Candlehouse's initial inquiries regarding the permitted uses for the property, the Town as well as neighbors in the residential area, resisted Candlehouse's proposed use for the property. 

Candlehouse experienced significant difficulty obtaining permission from the Town to operate its church - even though a church use is permitted by right in the RA1 district. Following issuance of a permit to operate a church, in early 2009, Candlehouse requested a zoning determination from the Town of Vestal regarding its proposed use as a family-like residential home for women. 

The Town responded by refusing Candlehouse a permit to operate as a "family" as defined by the Town's zoning ordinance to include no more than "five adults living and cooking together as a single housekeeping unit where all were not related by blood, marriage or legal adoption." The Town then refused to consider Candlehouse's proposed use as a "functional equivalent of a family" - a use that allows more than five unrelated individuals to be considered a "family" for purposes of the zoning ordinance. 

While several other similarly situated non-religious residential homes are currently operating in the RA1 district, the Town has continued to refuse Candlehouse's zoning requests.  In an effort to further stall Candlehouse's progress, the Town has refused Candlehouse tax-exempt status despite Candlehouse's submission of paperwork establishing recognition as a tax-exempt organization, requiring the church to pay thousands in property taxes.

Following numerous attempts to work with the Town to obtain the permits to which Candlehouse is entitled including a request for a reasonable accommodation under federal law, we recently filed a lawsuit in federal court. 

We're asking the court to find that the Town's denial of the use permit is "discriminatory, illegal and unconstitutional."   You can read our lawsuit here.

We contend the Town violated the U.S. Constitution, the Fair Housing Act, the Americans With Disabilities Act, as well as the Religious Land Use and Institutionalized Persons Act.

We are seeking a jury trial and will keep you posted on this important case.