Case: United States v. City of Anoka, Minnesota

This case is about treating calls for emergency services - often in relation to mental health crises - as "nuisance" incidents.

On May 21, 2024, the United States filed a lawsuit against the City of Anoka, Minnesota, alleging violations of Title II of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). The case was brought by the Civil Rights Division of the U.S. Department of Justice. The United States claimed that since at least 2018, the City discriminated against individuals with mental health disabilities by treating calls for emergency services—often related to mental health crises—as "nuisance" incidents under its Rental Licensing and Crime Free Housing ordinance. This policy led to threats of eviction for tenants who sought emergency assistance and pressure on landlords to evict such tenants or risk losing their rental licenses. Additionally, the City distributed “Calls for Service Reports” containing confidential medical information about residents to all landlords without consent, further discouraging people with mental health disabilities from calling for help due to fears of eviction and privacy violations. The United States sought declaratory and injunctive relief. The case was assigned to Judge Jeffrey M. Bryan. 

On June 4, 2024, the court issued a consent decree with the following relief granted:

Injunctive Relief granted:

• ADA & FHA Compliance: The City must comply with the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA), ensuring no discrimination against individuals with mental health disabilities or those associated with them.
• Equal Access: The City cannot deny or limit access to emergency services based on mental health status and must make reasonable modifications to avoid discrimination.
• Nuisance Program Reforms: Within 30 days, the City must revise and submit its Nuisance Program policies to the DOJ, ensuring the program does not target or penalize disability-related emergency calls.
• Confidentiality: The City must not publicize or improperly disclose individuals' disability or medical information through its Nuisance Program or any other means.
• Appeals & Complaints: Clear procedures must be established for individuals to file and appeal ADA/FHA-related complaints, with timely responses required.
• ADA Compliance Officer: The City must appoint an ADA Compliance Officer to oversee compliance and implementation of the Consent Decree.
• Training Requirements: The City must train all relevant staff on ADA, FHA, and revised Nuisance Program policies, with live and video training options and annual refreshers.
• Landlord Notification: Informational materials must be sent to landlords detailing their rights and responsibilities under the new policies, and how to file complaints or appeals.
• Tenant Notification: Tenants must be informed of their rights whenever they are subject to nuisance designations or enforcement actions.
• Anti-Retaliation Protections: The City must not retaliate against individuals who exercise their rights under the ADA, FHA, or this Consent Decree.

Monetary Relief granted:

• The City must deposit $175,000 into an interest-bearing account within 30 days to compensate Aggrieved Persons.

Monitoring and Reporting Requirements:

• Every six months, the City must submit a written report to the U.S. detailing compliance efforts with the Consent Decree.
• Reports must include Nuisance Program data, such as call details, individuals involved, reasons for nuisance designations, and outcomes like notices, fines, or evictions.
• If requested, the City must provide additional info (e.g., police reports, communications) within 21 days.
• Reports must include all requests for reasonable modifications or accommodations and the City's responses.
• Any unauthorized disclosure of health/disability info must be explained in the report.
• Reports must list all disability-related complaints and appeals and how the City resolved them.
• The City must report on all trainings conducted, including dates, materials used, and attendees.
• The U.S. can request additional documents to assess compliance, and the City must provide them.

This Consent Decree will remain in effect for three (3) years from June 4, 2024. The court will retain jurisdiction for the duration of the Consent Decree as to enforce it.