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2019: Housing lawsuit moves ahead

Access Press
1/10/2019 by Access Press Staff

Murphy et al v. Commissioner of the Minnesota Department of Human Services et al

A lawsuit centered on housing access and choice returns to U.S. District Court January 25, 2019. The civil class action was filed in August 2016 by a group of people with disabilities, against the Minnesota Department of Human Services (DHS).

The plaintiffs contend that DHS allows very few people to access individualized housing options and refuses to help hundreds of people currently forced to remain in corporately owned and operated group homes. The plaintiffs are asking for help to find and move into homes they choose with services they control, instead of experiencing the isolation, helplessness and lack of control over their lives they currently face.

One argument the plaintiffs have made is that while the Americans with Disabilities Act (ADA) is supposed to help people living in the settings of their choice, all too often those choices are limited to group homes.

Mid-Minnesota Legal Aid's Minnesota Disability Law Center is representing the plaintiffs in the lawsuit with co-counsel Anthony Ostlund Baer and Louwagie P.A. The lawsuit has the support of several disability advocacy groups including the Association of Residential Resources in Minnesota or "ARRM."

Scales of justice

DHS is asking U.S. District Court Judge Donovan Frank to grant summary judgment in its favor, dismissing the entire case. DHS is also asking that the case not be treated as a class action. The plaintiffs are asking for a motion of summary judgment to be granted in their favor, on one of five claims.

To see documents filed in the case, go to Justia US Law Murphy v. MN DHS

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