A Lawsuit Against Village to Proceed, Federal Court Rules

A lawsuit filed against the village more than five years ago by the now defunct group Association of Community Organizations for Reform Now (ACORN) alleging discrimination against minorities shall proceed, according to a ruling U.S. District Court Judge Arthur Spatt issued last week.

At the same time, Judge Spatt dismissed claims that Nassau County's housing practices toward minorities was discriminatory, a Newsday article reports.

The case involves a proposed housing plan for the county's former Social Services building at 101 County Seat Dr. in Garden City, property that has become nothing more than an eye sore in the East for years.

The plan - to build "upscale" residential housing at the site - dates back to former County Executive Tom Suozzi.

To accomplish the goals of his real estate consolidation plan, Suozzi requested that the village re-zone the area, which only allows for public use, to provide for residential if the county were to sell the property to a private developer.

He suggested "upscale" multi-family housing because of the potential it could produce a hefty amount of revenue for the county.

"I have zero interest in putting anything but upscale housing in that area," Suozzi said at a 2004 Garden City Village Board meeting.

Many Garden City residents, predominantly those living in the East, opposed multi-family housing on the site. Others, like Vic DeVita, joined the Long Island chapter of ACORN, arguing the site should be used for affordable housing.

They filed a lawsuit in 2005 against the county and village alleging violations of the Fair Housing Act and Civil Rights Act. Two other nonprofit housing groups took over the suit when ACORN ceased operations, according to the Newsday report.

In May 2006, demonstrators pitched tents on the 25-acre property for a 17.5-hour encampment to further drive their point home - the only way they could live in Garden City was in a tent. The overnight protest was intended to shed light on what demonstrators called an affordable housing crisis, particularly a missed opportunity in Garden City.

The Village of Garden City, which does not own the property but does have zoning jurisdiction, changed the zoning to allow for luxury homes and town houses. Approximately 96 to 98 single-family homes with a maximum 3,200 square feet per home could have been constructed if the village zoned the area R8. Approximately 175 town houses, with an average 1,800 square feet per town house, could have been clustered in the center of the site with open space surrounding it.

Denying the village's zoning decision was based on race, village counsel Gary Fishberg is quoted in the Newsday article stating: "The village does not acknowledge any wrongdoing."

According to the Newsday article, County Attorney John Ciampoli called the ruling a "big win" for taxpayers. "Now we can use the building in the most cost-effective way," he said, adding that the county now plans to build a new Family and Matrimonial Court at the site because the existing court in Westbury is in "disrepair, does not provide the court with enough space, and floods often."

A 13-member supermajority of the legislature would be needed to approve the funding, according to the Newsday report.