Class Action Suit Alleging Racial Discrimination by Cleveland Water May Go Forward, Judge Rules

Federal Judge Solomon Oliver ruled last week that the majority of claims in a class-action lawsuit alleging racial discrimination by the Cleveland Water Department may go forward. The City of Cleveland filed a motion to dismiss the suit in its entirety earlier this year, but Oliver decided that all but a portion of two of the suit's counts were valid.

The case concerns the City of Cleveland's practices related to the collection of water bills and the termination of water service, among them the practice of placing "water liens" on residents' properties in the amount of overdue bills. That practice has led to increased risk of eviction and foreclosure. Plaintiffs in the case, who are all Black and are represented by the NAACP Legal Defense and Educational Fund, argued that these practices are discriminatory because they disproportionately affect Black residents.

The lead attorney for the plaintiffs, Coty Montag, told Scene that they challenged the water department's practices under several legal theories, including the Fair Housing Act, the Ohio Civil Rights Act, and the Due Process Clauses of the U.S. and Ohio Constitutions.

Judge Oliver agreed with most of the plaintiff's arguments. He wrote that while the plaintiffs' complaint did not provide sufficient documentation of "intentional" discrimination, it certainly demonstrated a "disparate impact."

Read more: https://www.clevescene.com/scene-and-heard/archives/2020/10/06/class-action-suit-alleging-racial-discrimination-by-cleveland-water-may-go-forward-judge-rules