Unmarried with Children? You Might Get Evicted or Fined

mykevermin

CAGiversary!
Feedback
34 (97%)
The short n' sweet:

Living in sin? Don't move to Black Jack

Items compiled from Tribune news services
Published May 18, 2006

BLACK JACK, MISSOURI -- The City Council has said no to allowing unmarried couples with multiple children to live together.

Olivia Shelltrack and Fondrey Loving were denied an occupancy permit after moving to this St. Louis suburb because they have three children and are not married. The town's planning and zoning commission proposed a change in the law, but the council rejected the measure Tuesday in a 5-3 vote.

The current ordinance prohibits more than three people from living together unless they are related by "blood, marriage or adoption." The defeated measure would have permitted unmarried couples with two or more children.

Mayor Norman McCourt said in a statement that those who do not meet the town's definition of family could soon face eviction. Black Jack's special counsel, Sheldon Stock, declined to say whether the city will seek to oust Loving and Shelltrack.

http://www.chicagotribune.com/news/...,1,1392312.story?coll=chi-newsnationworld-hed

More in depth:

No evictions are planned in Black Jack
By Eun Kyung Kim
ST. LOUIS POST-DISPATCH
Wednesday, May. 17 2006

BLACK JACK — The city isn't planning to hand out eviction notices.

A day after the City Council rejected a measure to loosen its rule about what
kind of family may live within its borders, Black Jack's legal adviser
adamantly insisted that no one will be thrown out of a home for failing to fit
the definition.

"We can't evict them because the law doesn't let us evict them," the city's
special counsel, Sheldon K. Stock, said Wednesday.

Black Jack prohibits more than three people from living together in
single-family housing unless they are related by "blood, marriage or adoption."
On those grounds, it has denied occupancy permits to residents. Among them,
Olivia Shelltrack and her partner of 13 years, Fondray Loving. The couple have
three children, one from Shelltrack's previous relationship, and moved into
their five-bedroom, three-bath home in January.

Black Jack's Planning and Zoning Commission last month recommended changing the
city's definition of family so that it could include unwed couples who have at
least one common child. But the City Council rejected the measure Tuesday in a
5-3 vote, perhaps setting the grounds for a long court battle.

The city could take Shelltrack and others in her situation to municipal court
for failing to have an occupancy permit. If found guilty, the residents could
be fined up to $500. But the decision could be appealed to St. Louis County
Circuit Court.

However, Stock said, the city will first send Shelltrack a warning asking her
to comply with the law. The other resident likely to receive such a letter is
Michael Watson, 35.

Watson moved into his home two years ago with his longtime girlfriend and her
now 17-year-old daughter. The couple also have a son who turns 3 next month.

The occupancy permit was initially approved. When Watson later amended the
permit to add his son to the household, his request was denied. He has been
battling the city since December, when he received a letter saying, in part,
that his household doesn't meet the definition of a family.

Watson said that while the two eventually plan to get married, he has no desire
to speed up their timetable because of the city's ordinance.

"If I do get married, am I getting married out of super love, or am I getting
married because Black Jack says I have to?" said Watson, who has been closely
following the case of Shelltrack and Loving.

"If we're forced out of our house, what do our neighbors get? A sex offender? A
drug addict? A drug dealer? What do they really get? But you do know what you
have right now: people living in the house who are law-abiding and considerate,
and one is actually a veteran," said the former Marine.

Black Jack Mayor Norman McCourt declined to talk about the issue Wednesday.
Because of potential litigation, he referred all calls to Stock. But in a
statement, he said the purpose behind occupancy permits is to "avoid
overcrowding by non-related parties, assure the lifelong maintenance of the
cities (sic) housing stock, prevent new buyers from being obligated to repair
residences that were not kept up to code, preserve the character of the
neighborhoods and the city and to protect the general safety and welfare of the
city's residents."

Watson called the explanation ridiculous. He said he lives in a three-bedroom,
two-bath home that provides more than 1,700 square feet of living space for his
family of four.

"I have neighbors that have five kids and two adults living in the home, so I'm
not understanding how are they upholding this ruling," he said.

McCourt also said in his statement that real estate agents should have informed
their clients about the city's occupancy requirements.

Andrea Lawrence, president of the St. Louis Association of Realtors, declined
to comment.

The federal Department of Housing and Urban Development is investigating the
issue, based on formal complaints filed by Shelltrack and Watson. The American
Civil Liberties Union also is considering legal action.

Black Jack's ordinance defining "family" is not unusual. Most municipalities in
the St. Louis area have similar restrictions. But many city planners and
housing directors say the laws are intended to keep out fraternity houses or
group homes in single-family neighborhoods.

Black Jack's mayor has insisted his city's rule is not being used to legislate
morality.

But in a November 1999 letter he wrote regarding a similar but unrelated case
involving unwed parents of triplets, McCourt specifically commented about the
city's "morals and standards."

"The easiest resolution to cure the situation would be for them to get
married," he said of the couple, who challenged the rejection of their
occupancy permit. "Our community believes this is the appropriate way to raise
a family." The family eventually moved out of the city with no resolution to
their case.

Shelltrack said the City Council vote Tuesday has topped an emotional ordeal
for her. She said she and her fiance bought their Black Jack home to provide a
larger home, better schools and a more secure family life for their children.

Asked whether the ordeal has made her consider getting married sooner, she
responded: "It just comes down to the fact it shouldn't really be any of their
business.

"You can't look at this whole situation and say it isn't a moral issue. They
shouldn't set their own moral values and agenda on anybody. That's not how a
city should be run."

http://www.stltoday.com/stltoday/ne...262914039A4CABCD862571720017C053?OpenDocument

Maybe that Domino's pizza asshole should move there.
 
The second this "law" gets challenged it will be thrown out. It's unconstitutional. I seem to remember reading a case about this exact thing in Con Law but that was 6 years ago... I don't see how this could even be on the books...
 
bread's done
Back
Top