BATOR GWINN - f01.justanswer.com
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GREGORY J, BATOR DANIEL A. GWINN CHRISTIAN A- LOBB BATOR GWINN ATTORNEYS AND COUNSELORS AT LAW PROFESSIONAL CORPORATION 4OO WEST MAPLE BIRMINGHAM, MICHIGAN 48009 TELEPHONE (248\ 642-7 844 FACSI MILE (248) 642-s922 August 14,2013 OF COUNSEL DAVID G. CAIN Kevin Miller Constance Doherty 4145 Butternut Hill Troy, Michigan 48098 Re: Unlawful opposition to establishment of "New Group Home" Dear Mr. Miller and Ms. Doherty: Our office represents Butternut Hill Family Group Home, LLC, and Laura and Gabriel Ardelean, the property owners/purchasers of the single family homes on 4011 and 4105 Butternut Hill, Troy, Michigan. Mr. and Mrs. Ardelean have retained us to investigate the facts arising out of a growing neighborhood menace against them and their intended lawful use of their properties. We have documented evidence to prove that you, or residents of your household, are instigators or supporters of hate speech and unlawful efforts to intimidate the Ardeleans with the intent of preventing them from establishing a licensed adult foster care small group homes in the neighborhood. At the outset, the Ardeleans will not submit to any demand to withdraw their lawful applications for licensure of adult foster care small group homes on Butternut Hill. The dwellings on Butternut Hill will be Iicensed to provide care to six or fewer persons with disabilities. The homes will be licensed pursuant to the State of Michigan's Adult Foster Care Facility Licensing Act, M.C.L. S 400.701 et.geg. (the "AFCFLA"). We have specifically identified your residence as one in front of which a sign is posted urging opposition to a new group home, We demand the immediate removal of the sign posted on your yard. The sign, in addition to being objectionable on its face, violates Michigan law. The lawn sign emblazoned on your front yard is commonly termed "hate speech." Hate speech is not protected by the constitution of Michigan or other statutes. Michigan law plainly states that an individual "shall not print, circulate, post, mail, or otherwise cause to be published a statement" that links a person's disability to his or her ability to use and enjoy a dwelling. The message of "no new group home" is sadly and
Transcript of BATOR GWINN - f01.justanswer.com
GREGORY J, BATOR
DANIEL A. GWINNCHRISTIAN A- LOBB
BATOR GWINNATTORNEYS AND COUNSELORS AT LAW
PROFESSIONAL CORPORATION
4OO WEST MAPLEBIRMINGHAM, MICHIGAN 48009
TELEPHONE (248\ 642-7 844FACSI MILE (248) 642-s922
August 14,2013
OF COUNSELDAVID G. CAIN
Kevin MillerConstance Doherty4145 Butternut HillTroy, Michigan 48098
Re: Unlawful opposition to establishment of "New Group Home"
Dear Mr. Miller and Ms. Doherty:
Our office represents Butternut Hill Family Group Home, LLC, and Laura andGabriel Ardelean, the property owners/purchasers of the single family homes on 4011and 4105 Butternut Hill, Troy, Michigan. Mr. and Mrs. Ardelean have retained us toinvestigate the facts arising out of a growing neighborhood menace against them andtheir intended lawful use of their properties. We have documented evidence to provethat you, or residents of your household, are instigators or supporters of hate speechand unlawful efforts to intimidate the Ardeleans with the intent of preventing them fromestablishing a licensed adult foster care small group homes in the neighborhood.
At the outset, the Ardeleans will not submit to any demand to withdraw theirlawful applications for licensure of adult foster care small group homes on Butternut Hill.The dwellings on Butternut Hill will be Iicensed to provide care to six or fewer personswith disabilities. The homes will be licensed pursuant to the State of Michigan's AdultFoster Care Facility Licensing Act, M.C.L. S 400.701 et.geg. (the "AFCFLA").
We have specifically identified your residence as one in front of which a sign isposted urging opposition to a new group home, We demand the immediate removal ofthe sign posted on your yard. The sign, in addition to being objectionable on its face,violates Michigan law. The lawn sign emblazoned on your front yard is commonlytermed "hate speech."
Hate speech is not protected by the constitution of Michigan or other statutes.Michigan law plainly states that an individual "shall not print, circulate, post, mail, orotherwise cause to be published a statement" that links a person's disability to his or herability to use and enjoy a dwelling. The message of "no new group home" is sadly and
BATOR GWINN, P.C.Mr. MillerMs. DohertyAugust 14,2013Page 2
offensively reminiscent of "white only" signs once common in the Deep South and ofrestrictive covenants precluding African-Americans from purchasing real estate in whiteneighborhoods. The sign posted on your front yard constitutes hate speech, violates thelaw, and must be removed forthwith,
Any attempts at interfering with Butternut Hill Family Group Home's lawfuldevelopment of a licensed adult foster care family group home will result in legal actionagainst you. Our clients' stated desire is to live peacefully in the neighborhood withoutresorting to litigation. Your actions upon receipt of this letter will determine the nextsteps.
The Ardeleans have been the target of verbal threats and damage to theirproperty. In the event the Ardeleans are compelled to resort to litigation to protect theirproperty, their business, and themselves, they possess a substantial likelihood ofprevailing against neighbors who have conspired to pursue a common plan in wrongfulacts. Liability would extend to those who have aided or encouraged the wrongdoers, aswell as those who adopted or ratified the wrongful conduct.
We strongly suggest that you discuss this correspondence and our clients' lawfulobjectives with legal counsel. As you contemplate the consequences of formal legalproceedings authorized by federal and state housing discrimination statutes, considerthe damage and attorney-fee awards that may be granted to prevailing plaintiffs whoprotect the rights of persons living with disabilities to live in a single-familyneighborhood.
Based upon the openly displayed evidence of hatred and bigotry plainlyexpressed on a stake erected in your front yard, please refrain from contacting theArdeleans and/or from entering on their property. The Ardeleans wish to avoidconfrontation outside of court with neighbors who are unlikely to be satisfied unlesspersons with disabilities are barred from Butternut Hill. lf you have further thoughts youwould like to express, you may direct them to our office at the above address.
Govern your conduct accordingly.
Very truly yours,
BATqB GW|NN, P.C.@Gregory J. Bator
GJB/kascc: Butternut Hill Family Group Home, LLC
