UPDATE (9/22/20): The City of Bedford agreed to repeal its Criminal Activity Nuisance Ordinance (CANO) and pay a settlement amount of $350,000 as a result of litigation brought by the ACLU, the ACLU of Ohio, and The Legal Aid Society of Cleveland on behalf of Beverley Somai, a Bedford resident, and the Fair Housing Center for Rights & Research.
Last year, Beverley Somai learned a brutal truth that too many people across the country face: Calling the police can get you evicted.
In 2017, Ms. Somai and her adult disabled son moved to Bedford, Ohio, to seek housing stability and better educational and employment opportunities. However, a few months after settling in, Ms. Somai discovered that her neighbor played loud music at all hours of the night, making it impossible for her and her son to rest. Even worse, the neighbor began to intimidate Ms. Somai and her son by following them on their errands and lurking outside their home.
She asked for help from her landlord, who told her to call the police. So she did. But then the city of Bedford sent a letter to Ms. Somai’s landlord, citing her calls for help and threatening to impose steep penalties for any future police responses to the property. Because of the letter, her landlord filed an eviction action against Ms. Somai.
Ms. Somai’s experience is far from an anomaly. Bedford’s imposes civil and criminal penalties against property owners when there are two or more alleged violations of any law, excluding traffic violations, within a one-year period. The city enforces the ordinance based on calls for police assistance — even if the resident is the victim of the crime or needs aid, such as Ms. Somai and her son.
In fact, were sent in response to domestic violence incidents. In one letter, Bedford informed a landlord that their tenant triggered the nuisance ordinance based on a “911 call from a male stating that his dad was hitting his mom.”
The adoption of nuisance or “crime-free” ordinances reflects nationally, with cities coercing landlords to penalize and evict tenants who call the police or who simply live in properties where criminal activities occur. Rather than promoting public safety, research that these ordinances discourage residents from reporting crime and create distrust of law enforcement. These ordinances particularly harm communities of color, low-income households, people with disabilities, domestic violence survivors, and other people who are otherwise deemed “undesirable.”
Bedford enacted its nuisance ordinance in direct response to its growing African-American population. During a city council meeting, the mayor :
“We believe in neighborhoods[,] not hoods. . . . That is one of the reasons we passed that nuisance law tonight. . . . [I have] made mention of the students walking down the streets and those are predominantly African American kids who bring in that mentality from the inner city . . . We are trying to stop that.”
Other cities likewise have used nuisance ordinances to target people of color. A , showed that properties in predominantly Black neighborhoods faced the greatest likelihood of receiving nuisance property citations. Similarly, an in Peoria, Illinois, revealed that the city concentrated its nuisance ordinance enforcement in predominantly Black neighborhoods and against buildings with predominantly Black tenants.
The ACLU challenged a Minnesota city's ordinance that allows law enforcement to tell landlords to evict all members of a household when they simply suspect a resident engaged in even minor criminal activity. City officials enacted that policy as more people of color moved in, stating they wanted to “get rid of” residents who are “undesirable.”
These ordinances also disproportionately harm domestic violence victims, who generally experience abuse in their homes. An ACLU study of New York State nuisance ordinances found that domestic violence accounted for the largest category of nuisance ordinance enforcement in two cities, and nearly a third of all nuisance citations issued in Milwaukee arose from domestic violence incidents. Such enforcement has devastating consequences for domestic violence survivors, as to cities’ nuisance warnings or citations by evicting the victims and their children.
Today, the ACLU is joining the and to challenge Bedford’s ordinance on behalf of Ms. Somai and the (“Fair Housing Center”). The Fair Housing Center assists people in accessing housing and combats housing discrimination in Northeast Ohio. For years, the Fair Housing Center about how and . It also has — the vast majority of whom are women — and thereby discriminate on the basis of sex. Yet, Bedford kept the ordinance on the books, and over time, made it broader and more punitive.
Our case argues that Bedford’s ordinance violates the First Amendment right to petition the government as well as due process and anti-discrimination protections. It builds on litigation we have brought against discriminatory nuisance ordinances in Arizona, Missouri, and Pennsylvania as part of our campaign.
But it shouldn’t take a lawsuit for communities to realize these ordinances are unlawful and inhumane. Cities can and have repealed these laws. Numerous states — including , , Indiana, Nevada, Pennsylvania, , and — have passed state laws preempting harmful nuisance ordinances. Other states, including New York, are considering legislation right now. And the U.S. Senate can address this problem by passing the housing protections of the Violence Against Women Reauthorization Act of 2019, which prohibit governments from penalizing crime victims who request law enforcement or emergency assistance.
No one should be silenced from calling 911 out of fear that they may jeopardize their housing.
Learn More About the Issues on This Page
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Press ReleaseOct 2024
LGBTQ Rights
+2 Issues
At Supreme Court, Tennessee Seeks to Expand Reach of Dobbs to Ban Health Care for Transgender YouthAt Supreme Court, Tennessee Seeks to Expand Reach of Dobbs to Ban Health Care for Transgender Youth
WASHINGTON – In their brief defending the state’s ban on gender-affirming medical care for transgender youth, Tennessee Attorney General Jonathan Skrmetti has asked the Supreme Court to expand its ruling overturning Roe v. Wade and allow the state to target transgender people’s autonomy over their own bodies, too. In U.S. v. Skrmetti, three Tennessee transgender youth and their families are challenging a state law that prohibits medical providers from prescribing medical treatments to transgender youth, such as puberty blockers and hormone replacement therapies, that are allowed for minors who are not transgender. Represented by the American Civil Liberties Union, the ACLU of Tennessee, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP, the families argue that the ban violates their Equal Protection rights under the 14th Amendment. In the brief filed today, Tennessee relies on the Supreme Court’s 2022 ruling in Dobbs v. Jackson Whole Women’s Health in an attempt to justify its ban on gender-affirming health care for transgender people. The brief cites to Dobbs at least 10 times in sweeping arguments to justify government sex discrimination. “We’ve seen just how far extreme politicians will push to deny us our reproductive freedom, from banning abortion to threatening IVF to even threatening to put doctors in jail for providing emergency care, with deadly consequences for women’s lives,” said Jennifer Dalven, director of the ACLU’s Reproductive Freedom Project. “The same politicians who are trying to control women have now set their sights on transgender people and their families and are trying to control their bodies and lives. Allowing politicians to continue down this road could hold severe implications for the freedom of all people to decide what is right for their own body.” Tennessee claims that their ban on gender-affirming care does not discriminate on the basis of sex even though it bans minors of one sex from accessing health care it allows to members of another sex. A transgender girl is barred from taking doctor-prescribed estrogen because Tennessee considers it “inconsistent” with her birth-assigned sex of male but a cisgender girl with a birth-assigned sex of female is permitted to take estrogen for any purpose including to affirm her female gender identity. “Since this Project’s founding by Justice Ruth Bader Ginsburg, we have adamantly challenged efforts to limit who we can be based on our gender or ability to bear children,” said Ria Tabacco Mar, director of the ACLU’s Women’s Rights Project. “Tennessee’s attempt to limit who young people can become based on their sex shares a through-line with our nation’s history of subjugating women in the name of biology. The fight for each of us to live fully and authentically must include trans people. There is no ‘transgender’ exception to the U.S. Constitution.” In April 2023, the American Civil Liberties Union, the ACLU of Tennessee, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP sued the state of Tennessee to block S.B. 1, which prohibits medical providers from prescribing medical treatments to transgender youth, such as puberty blockers and hormone replacement therapies, that it exempts for minors who are not transgender. Following a decision by the Sixth Circuit Court of Appeals, S.B. 1 took effect in July 2023. Since 2021, 24 states have banned hormone therapies for transgender youth. “Laws like Tennessee’s are not benign regulations of medical care; they are discriminatory efforts to exclude transgender people from the protections of the Constitution,” said Chase Strangio, co-director of the ACLU’s LGBTQ & HIV Project. “These bans represent a dangerous and discriminatory affront to the well-being of transgender youth across the country and their constitutional right to equal protection under the law.” -
Press ReleaseSep 2024
Women's Rights
Civil Rights Groups Tell Federal Appeals Court that Protections for Pregnant Workers Cover Abortion CareCivil Rights Groups Tell Federal Appeals Court that Protections for Pregnant Workers Cover Abortion Care
WASHINGTON, D.C. - On Friday, a broad coalition of labor, workers’ rights, and gender justice organizations — led by the American Civil Liberties Union (ACLU), the ACLU of Arkansas, and the National Women’s Law Center (NWLC) — filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in support of the Equal Employment Opportunity Commission’s (EEOC) regulations implementing the landmark Pregnant Workers Fairness Act (PWFA), including the regulations’ explicit protection for workers who have abortions. The PWFA, which took effect last year, was the culmination of a decade-long campaign to secure access to reasonable accommodations for workers with temporary limitations caused by “pregnancy, childbirth, and related medical conditions.” The EEOC’s regulations provide comprehensive guidance to workers, employers, and the courts about the statute’s range of protections, including job-protected time off for medical treatment and recovery. The amicus brief filed in the U.S. Court of Appeals for the Eighth Circuit supports the EEOC in a challenge by 17 red states that are trying to block the PWFA regulations’ coverage of accommodations for abortion-related care. In June, the U.S. District Court for the Eastern District of Arkansas dismissed the states’ challenge, and the states appealed to the Eighth Circuit. Their appeal includes a request that the Eighth Circuit issue a preliminary injunction of the regulations’ abortion provisions. The ACLU-NWLC brief details the federal law’s longstanding ban on discrimination against workers who obtain abortions – protection the PWFA intended to continue. The brief also documents the accounts of workers whose health and jobs were put at risk when their employers denied them accommodations, including time off, for abortion care. Such accounts illustrate the urgent need for clarity with respect to the PWFA’s coverage of abortion-related accommodations, and the devastating medical and financial consequences if such accommodations are denied. “Abortion has long been recognized as part of the full spectrum of workers’ pregnancy-related needs that are protected by the law, ” said Gillian Thomas, senior staff attorney at the ACLU’s Women's Rights Project. “The states’ challenge has created uncertainty, and seeks to deprive workers of essential, job-protected time off for abortion care, posing significant health risks and leading to forced pregnancies. The EEOC regulations are vital to ensure pregnant workers don't have to choose between their health and their jobs.” “Extremist politicians are demonstrating repeatedly their willingness to risk women’s health to advance their anti-abortion agenda,” said Gaylynn Burroughs, vice president for Education and Workplace Justice at the National Women’s Law Center (NWLC). “Let’s be clear: abortion care is pregnancy-related care, and stripping essential protections for abortion from the PWFA would endanger the health and economic security of pregnant workers.” “The Pregnant Workers Fairness Act and its regulations provide a lifeline for workers who need accommodations during the most critical periods of their lives. Attempting to strip away these protections, particularly for abortion-related needs, is an affront to the rights and well-being of pregnant workers,” said John Williams, legal director of the ACLU of Arkansas. “All people in all aspects of pregnancy, including abortion, should be treated with the care and consideration they deserve. We stand firmly with the EEOC in defending these essential protections.” A copy of the brief can be found here. -
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Women's Rights
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Press ReleaseJul 2024
Women's Rights
LGBTQ Rights
ACLU Condemns House Measure Against Department of Education Title IX RuleACLU Condemns House Measure Against Department of Education Title IX Rule
WASHINGTON – Today, the U.S. House of Representatives voted to pass H.J. Res. 165, a Congressional Review Act resolution disapproving of the U.S. Department of Education’s final Title IX rule providing guidance to schools on protecting students from sexual harassment, pregnancy discrimination, anti-LGBTQ discrimination, and other forms of sex discrimination. Mike Zamore, ACLU National Policy and Government Affairs Director, had the following response: “Today’s vote to completely repeal the Title IX rule takes a sledgehammer to the government’s ability to ensure that all students have the opportunity to learn free from sex discrimination and harassment. Stripping critical civil rights protections from LGBTQ students and students who are pregnant and parenting - as this resolution would do - is something that all members of Congress should strongly oppose. This is also not how Congress should act to protect the rights of students who face disciplinary action under Title IX because passing this resolution would prevent future rulemaking to ensure fair processes in school disciplinary proceedings.” The ACLU’s letter urging a “No” vote on H.J. Res. 165 can be found here: /documents/aclu-urges-no-vote-on-h-j-res-165 The ACLU’s statement on the final Title IX rule can be found here: /press-releases/155090