TAMPA - The city unfairly denied a non-profit serving disabled veterans the use of a Tampa Heights property because it knuckled under to the concerns of neighbors, according to a lawsuit filed in federal court this month.
The lawsuit seeks damages and for a federal judge to declare that the city violated federal fair housing and disability protections. Filed March 9, the suit says non-profit Tampa Crossroads has spent about $800,000 in its quest to build supportive housing at 2015 N. Central Ave.
"This was "nimbyism," said Ethan Loeb, a Tampa attorney representing the 40-year-old nonprofit, using the acronym for "not in my backyard."
"They just didn't want it to happen."
Crossroads officials declined comment as did city officials, citing their policy of never discussing pending litigation.
Tampa Heights Civic Association president Rick Fernandez said the issue isn't about touchy residents. Tampa Crossroads should have known that another assisted-living facility was located nearby so the new request fails to satisfy city zoning requirements.
"Frankly, there is a clustering of social services in Tampa Heights. There are just too many facilities of this sort," Hernandez said.
City staff initially supported the Crossroads project. But the City Council voted down the proposal in March 2016 after dozens of Tampa Heights residents showed up and complained about the proposal at a council meeting.
Hernandez said residents were also concerned about how close the facility would be to a community garden and other places that attract children.
After the initial council defeat, Crossroads officials met with Tampa Heights residents seeking a compromise.
The non-profit agreed to reduce the number of residents from 43 to 24, restrict it to only males, and require it to be a "dry" facility with strict curfew rules, the suit states. Fernandez confirmed his group met with Crossroads.
At a second hearing in November 2016, though, the City Council again denied a permit. This time, city officials who had originally supported Crossroads' bid reversed course, citing the proximity of another assisted-living facility, Palm Avenue Baptist Tower, near East Palm Avenue and North Morgan Street.
But Palm Avenue Baptist Tower has operated without city permits since 2007. So the city, in effect, denied Crossroads' permit because of a neighboring facility that wasn't even permitted, the suit alleges.
"The city's decision was a pretext in order to accomplish the goal of the neighborhood objectors, which was to preclude those who were suffering from mental health disease from living in their neighborhood," the suit states.
City zoning officials only changed their minds after a Tampa Heights Civic Association board member researched the topic and found the nearby assisted-living facility, which city officials had missed, Fernandez said.
Crossroads "never got out their tape measures," Fernandez said.
The suit requests a jury trial and has been assigned to U.S. District Judge Mary S. Scriven in Tampa.
Editor's Note: The original post incorrectly identified the president of the Tampa Heights Civic Association. His name is Rick Fernandez.
Contact Charlie Frago at cfrago@tampabay.com or (727)893-8459. Follow@CharlieFrago