Court Rules Advocacy Group Lacks ‘Standing’ In Accessibility Lawsuit
Political Insider
A three-judge panel of the D.C. Circuit Appeals Court on March 8 upheld a District Court ruling dismissing a lawsuit filed against Post Properties by the Equal Rights Center (ERC), a non-profit civil rights organization that has previously sued several large owners.
The Court of Appeals concurred with the lower court ruling that ERC lacked standing to bring the lawsuit because any injuries the organization suffered were due to its own decision to investigate Post and were thus self-inflicted.
The lawsuit, which was filed November 2006, alleged that 58 of Post’s properties are not accessible or usable. ERC can appeal the ruling to the entire Court of Appeals or the U.S. Supreme Court.
In separate action, however, on Sept. 24, 2010, the Department of Justice (DOJ) filed a lawsuit against Post Properties, Inc., Post Apartment Homes, and Post GP Holdings, Inc. for alleged non-compliance with the Fair Housing Act and the Americans with Disabilities Act at properties located in six states. NAA/NMHC will continue to monitor these cases.
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