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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The first action does not establish a continuing violation
because it is an allegation of an entirely new violation—a
retaliation claim instead of a discrimination claim. See id. at
1167 (concluding that a continuing violation requires that "the
same alleged violation was committed at the time of each act"
(internal quotation marks omitted)). And the second and third
actions essentially deal with decisions to add new services for
the homeless at the Conrad Center. The fact that the Conrad
Center is still located on Oliver Hill Way and continues to
offer services to the homeless—including new services that
are added from time to time—does not amount to a continuing
violation, but rather amounts to the continuing effect of the
original decision to locate the Conrad Center on Oliver Hill
Way. See Jersey Heights Neighborhood Ass’n v. Glendening,
174 F.3d 180, 189 (4th Cir. 1999) ("At bottom, appellants’
continuing violation argument rests on the alleged ongoing
effects of the original decision to locate the highway in prox-
imity to Jersey Heights.") ASWAN’s ADA, § 1983, and
equal-protection claims are therefore time barred.
            A SOCIETY WITHOUT A NAME v. VIRGINIA              11
D.   FHA claims

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