A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)

Citation: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Parent Document: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-08-24
Original Source: https://www.courtlistener.com/opinion/612506/a-society-without-a-name-v-commo... ↗

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Certainly, ASWAN suffered no discriminatory treatment by the mere construction or opening of the Conrad Center if its members could continue to receive needed services in the downtown, mainstream community. Rather, it is the relocation of those services, allegedly with the discriminatory motive of isolating homeless persons from downtown, that is the actionable injury. Cf. Frame v. City of Arlington, 616 F.3d 476, 489 (5th Cir.2010) (in action alleging that city’s impassable, and thus ADA noncompliant, sidewalks and pathways inhibited access by disabled persons to city’s services, programs or activities, statute of limitations ran from date plaintiff knew she was denied access to program, service or activity, not date pathway was constructed), reh’g en banc granted, 632 F.3d 177 (2011); Fair Housing Council, Inc. v. Village of Olde St. Andrews, Inc., 210 Fed.Appx. 469, 480 (6th Cir.2006) (in FHA inaccessibility case, statute of limitations runs from date plaintiff attempts to rent or buy the inaccessible unit, not the date it was built).

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