Gilead Cmty. Servs., Inc. v. Town of Cromwell, No. 3:17-cv-627 (VAB)

• Court: United States District Courts. 2nd Circuit. United States District Court (Connecticut)
• Writing for the Court: VICTOR A. BOLDEN, UNITED STATES DISTRICT JUDGE
• Citation: 432 F.Supp.3d 46
• Parties: GILEAD COMMUNITY SERVICES, INC., et al., Plaintiffs, v. TOWN OF CROMWELL, et al., Defendants.
• Docket Number: No. 3:17-cv-627 (VAB)
• Decision Date: 20 December 2019

432 F.Supp.3d 46

GILEAD COMMUNITY SERVICES, INC., et al., Plaintiffs,
v.
TOWN OF CROMWELL, et al., Defendants.

No. 3:17-cv-627 (VAB)

United States District Court, D. Connecticut.

Signed December 20, 2019

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Andrea Lowe, Pro Hac Vice, Yiyang Wu, Pro Hac Vice, Michael Allen, Pro Hac Vice, Tara K. Ramchandani, Pro Hac Vice, Michael Gerhart Allen, Pro Hac Vice, Relman, Dane & Colfax, PLLC, Washington, DC, Greg J. Kirschner, CT Fair Housing Center, Inc., Hartford, CT, for Plaintiffs.

Kari L. Olson, Murtha Cullina LLP, Thomas R. Gerarde, Kaitlin Kontyko, Katherine E. Rule, Howd & Ludorf, LLC, Hartford, CT, for Defendants.

RULING AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

VICTOR A. BOLDEN, UNITED STATES DISTRICT JUDGE

Gilead Community Services, Inc. ("Gilead"), Rainbow Housing Corp. ("Rainbow Housing"), and the Connecticut Fair Housing Center, Inc. (collectively "Plaintiffs") sued the Town of Cromwell ("Town"); Vincent "Enzo" Faienza and Anthony Salvatore individually and in their official capacities; and Jillian Massey in her official capacity. Compl., ECF No. 1 (Apr. 17, 2017).

Plaintiffs brought claims that the Town of Cromwell and the named officials (collectively "Defendants") violated the Fair Housing Act, 42 U.S.C. § 3601 et seq. ("FHA"), and its implementing regulations, 24 C.F.R. Part 100; the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. ("ADA"), and its implementing regulations, 28 C.F.R. Part 35; and the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("Section 504"), and its implementing regulations, 24 C.F.R. Part 8. Id. ¶ 1. Plaintiffs later moved, and the Court granted

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them leave, to amend their Complaint to add retaliation claims under 42 USC §§ 3617 and 3604(f)(2). Am. Compl., ECF No. 57-1 (June 22, 2018). Plaintiffs allege that the Defendants' actions "resulted in the denial of housing to Gilead's clients, who are people with disabilities, injured Gilead's reputation, finances and ability to assist its clients ... caused [the Connecticut Fair Housing Center] to divert scarce resources to address this discrimination and frustrated [the Connecticut Fair Housing Center]'s mission of ensuring equal access to housing for all." Id. ¶ 1.

Presently before the Court are Defendants' initial and supplemental motions for summary judgment, Defs.' Mot. for Summ. J. ("Defs.' Mot."), ECF No. 75 (Dec. 7, 2018); Defs.' Suppl. Mot. for Summ. J. ("Defs.' Suppl. Mot."), ECF No. 110 (July 8, 2019); and Plaintiffs' motion for partial summary judgment, Pls.' Partial Mot. for Summ. J. ("Pls.' Mot,"), ECF No. 76 (Dec. 7, 2018), following this Court's Order sua sponte reconsidering and vacating its earlier ruling and order, Order, ECF No. 129 (Oct. 15, 2019).

For the reasons discussed below, Defendants' motion for summary judgment, ECF No. 75, is DENIED , Defendant's supplemental motion for summary judgment, ECF No. 110, is DENIED , and Plaintiffs' motion for partial summary judgment, ECF No. 76, is DENIED .

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

Parties

Gilead, a not-for-profit organization, seeks to provide housing and community-based services to individuals with disabilities in the state of Connecticut. Pls.' Statement of Material Facts ¶ 1 ("Pls.' SOMF"), ECF No. 77 (Dec. 7, 2018). "Since 1968, Gilead has offered residential housing services to thousands of individuals with mental illnesses and other disabilities in Middlesex County, Connecticut." Id. ¶ 9. Rainbow Housing Corporation is a "sister not-for-profit corporation that owns and manages Gilead's real estate assets." Id. ¶ 2. Connecticut Fair Housing Center is a "statewide not-for-profit corporation whose mission is to ensure that all people have access to the housing of their choice throughout the state of Connecticut free from discrimination." Id. ¶ 4.

Vincent "Enzo" Faienza is Mayor of the Town of Cromwell. Id. ¶ 6. Anthony Salvatore is Town Manager for the Town of Cromwell. Pls.' SOMF Ex. 8, ECF No. 77-8 (Salvatore Dep. at 20:1-4). Before becoming Town Manager, Mr. Salvatore served as the Town of Cromwell's Chief of Police. Id. 41:7-14. From February until August 2015, Mr. Salvatore served as both the Cromwell Chief of Police and Acting Town Manager. Id. He became Town Manager in August 2015. Id. Until July 31, 2015, Jillian Massey served as the Zoning Enforcement Officer for the Town of Cromwell. Pls.' SOMF in Opp. to Defs.' SOMF ("Pls.' Opp. SOMF"), Ex. 27, ECF No. 86-27 (Massey Dep. at 139:6-15).

Gilead's Reiman Drive Residence over the Spring and Summer of 2015

On or around December 10, 2014, the Connecticut Department of Mental Health and Addiction Services (or "DMHAS") approved an application from Gilead to operate a new community residence for men with disabilities. Pls.' SOMF ¶ 10.

On March 25, 2015, Gilead, through Rainbow Housing, purchased a single-family house located at 5 Reiman Drive in Cromwell, Connecticut ("Reiman Drive residence") for $352,047.30. Id. ¶ 11; Pls.' SOMF Ex. 14, ECF No. 77-14 (Closing Documents, 5 Reiman Drive (Mar. 25, 2015)). Gilead intended to use the Reiman Drive residence as a community residence under Connecticut General Statutes § 8-3,

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"to serve six or fewer men who would receive mental health services from Gilead staff," and under the Connecticut Department of Mental Health and Addiction Services contract, Gilead would provide these services. Defs.' Statement of Material Facts ¶ 2 ("Defs.' SOMF"), ECF No. 75-2 (Dec. 7, 2018). "After purchasing the home, Gilead initiated renovations to prepare the home for occupancy by six of its clients, with initial occupancy to begin in May 2015." Id. ¶¶ 4, 10.

On March 30, 2015, Gilead's Chief Executive Officer ("CEO"), Daniel Osborne, reached out to the Town of Cromwell's Acting Town Manager, Anthony Salvatore, to inform him that Gilead had purchased the property and planned to operate a community residence there. Pls.' SOMF ¶ 12. Cromwell residents had also begun reaching out to Town officials about Gilead's purchase of the Reiman Drive residence by March 30, 2015. Id.

On March 31, 2015, Mayor Faienza stated in an e-mail to Superintendent of Schools Paula Talty, "There really is nothing we can do to stop this group home from coming to town ... [T]hey are protected by state statute. All we can do is try to ease any concerns the residents may have." Defs.' SOMF Ex. I-3, ECF No. 75-28 (E-mails between Enzo Faienza and Paula Talty re: "meeting" (Mar. 31, 2015)).

Also, on March 31, 2015, a meeting took place that included Gilead, state elected officials, and Acting Town Manager Salvatore and Mayor Faienza, to discuss Cromwell residents' concerns about Gilead's plans to open the Reiman Drive residence. Defs.' SOMF ¶ 11. It is disputed whether this meeting also involved discussion of Town officials' concerns. Pls.' Opp. SOMF at 52, response to ¶ 11, ECF No. 86 (Jan. 18, 2019).

At this meeting, they discussed holding a public forum on April 20, 2015, for Town residents to learn about Gilead and the planned community residence on Reiman Drive. Defs.' SOMF ¶ 12. It is disputed whether Gilead or Town and state officials proposed this forum, but both Gilead and Town officials ultimately agreed to hold it. Pls.' Opp. SOMF at 8 ¶ 31, 54 ¶ 12; Defs.' SOMF in Opp. to Pls.' SOMF at 10, response to ¶ 23 ("Defs.' Opp. SOMF"), ECF No. 84-2 (Jan. 18, 2019).

The Town publicized the April 20 forum, including through an official press release "stat[ing] that representatives from Gilead and DMHAS would provide a presentation regarding the group home on Reiman." Pls.' SOMF ¶ 24. A local newspaper, the Middletown Press, published statements by Mayor Faienza that "[i]t's important that all concerned residents come to the forum with their questions and concerns for Gilead and DMHAS. The goal of Monday night's forum is for Gilead to answer all the concerns of our residents." Id. ¶ 25; Pls.' SOMF Ex. 23, ECF No. 77-23 (Cromwell to Hear Views on Group Home Proposed Near High School , Middletown Press News (Apr. 20, 2015)).

On April 20, 2015, the planned forum was held. Defs.' SOMF ¶ 15; Pls.' Opp. SOMF at 9, response to ¶ 35. Ed Wenners, who at that time "was beginning his campaign to earn a seat on the Town Council," moderated the forum. Pls.' Opp. SOMF at 8 ¶ 32; see also Pls.' Opp. SOMF Ex. 41, ECF No. 86-41 (E-mails between Ed Wenners and Enzo Faienza re: "FW: Cromwell Town Council" (Sept. 19, 2015)). Mayor Faienza had asked Mr. Wenners to moderate it. Pls.' Opp. SOMF at 8 ¶ 32; Pls.' Opp. SOMF Ex. 34, ECF No. 86-34 (Wenners Dep. at 32:2-33:25); Pls.' Opp. SOMF Ex. 7, ECF No. 86-7 (Faienza Dep. at 111:2-112:9).

The forum, held at the Town Hall gym, Pls.' Opp. SOMF Ex. 28, ECF No. 86-28 (Press Release: "Gilead Group Home," Town of Cromwell (Apr. 20, 2015)), "lasted

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almost four hours. The gymnasium was at full capacity; the chairs and bleachers were all full, and people were standing on both sides of the room." Pls.' SOMF ¶ 27.

Various Town officials were present, including Mayor Faienza, Acting Town...