ST. LOUIS – A federal court has ruled that a lawsuit filed by the ACLU challenging the city of Maplewood’s nuisance ordinance, which punishes domestic violence victims and other victims of crime, should move forward.
Judge Jean C. Hamilton denied most of Maplewood’s motion to dismiss a lawsuit brought by a former resident, Rosetta Watson. The city enforced the nuisance ordinance against Watson, compelling her to move from her home and banishing her from Maplewood because she called the police for help with acts of domestic violence committed by her ex-boyfriend.
After losing her Maplewood home, Watson was again attacked in St. Louis by her ex-boyfriend. She did not report the attack to police, but the hospital that treated her did. He was arrested and pled guilty to domestic assault.
“We’re glad the court will address how the city of Maplewood violated Ms. Watson’s constitutional rights and put her life at risk,” said Tony Rothert, ACLU of Missouri legal director. “This law makes crime victims afraid to call law enforcement because they know that if they seek help they may be banished from their own home. This must end.”
Maplewood’s ordinance authorizes the city to bar residents from living in Maplewood when they call police for assistance with domestic violence, or when arrests occur at their homes, even if the residents were the victims of crime. More than two incidents of domestic violence resulting in calls to the police within a 180-day period are considered a nuisance under the ordinance.
“Laws like this jeopardize the safety of the community,” said Sandra Park, senior staff attorney, ACLU Women's Rights Project. “Housing security and access to police assistance are often essential for victims of domestic violence who want the abuse to stop. This law perversely punishes survivors for seeking protection.”
Watson’s First Amendment, equal protection, and due process claims against the city will proceed. The ACLU Women’s Rights Project and ACLU of Missouri filed the lawsuit in April in the U.S. District Court of the Eastern District of Missouri. The law firm Bryan Cave serves as co-counsel.