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 reloca-
tion 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 impass-
able, and thus ADA noncompliant, sidewalks and pathways
inhibited access by disabled persons to city’s services, pro-
grams or activities, statute of limitations ran from date plain-
            A SOCIETY WITHOUT A NAME v. VIRGINIA               23
tiff 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 F. App’x 469, 480 (6th
Cir. 2006) (in FHA inaccessibility case, statute of limitations
runs from date plaintiff attempts to rent or buy the inaccessi-
ble unit, not the date it was built).

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