Federal judge grants injunction request in Dubois County discrimination suit

HENDERSON, Ky. (WEHT) – Chief Judge Tanya Walton Pratt granted the ACLU of Indiana's request for a preliminary injunction request against the Indiana Department of Homeland Security on behalf of Next Step Recovery Homes in Dubois County.

The lawsuit filed earlier this year argues that DHS discriminated against Next Step on the basis of the disability of their residents. According to a statement, DHS determined that a group home operated by Next Step was required to meet the heightened and more expensive standards that apply to "Class 1" structures. The ACLU argued that the home would be classified as a Class 2 structure if a "typical" family lived there, and the Class 1 designation was applied solely because the home housed individuals with disabilities.

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Chief Judge Pratt's preliminary injunction requires DHS to treat Next Step's home as a Class 2 structure.

"Federal law guarantees that persons with disabilities may not be discriminated against," said ACLU of Indiana Legal Director Ken Falk. "And yet the State of Indiana is imposing heightened burdens on the Next Step Recovery Home and its clients solely because they are persons with disabilities. This is unlawful."