October 20, 2016
This firm is pleased to represent Professional Psychiatric Associates and Dr. Mohamed Aziz in a suit against West Chester Township challenging the Township’s heavy-handed attempts to outlaw a psychiatric care facility on former nursing home property.
Federal Law clearly prohibits discriminating in zoning laws against those who treat mental health conditions versus physical healthcare, which is precisely what the Township was trying to do, starting with a moratorium issued in April quickly after Dr. Aziz acquired the facility.
The Judge in the suit is Timothy Black, and he spoke pretty clearly in a early order in the case:
“The court has held two initial telephone conferences involving counsel for plaintiffs and for defendant. During these conferences, the court reminded both parties of the consequences that could result if the court finds that the Americans with Disabilities Act and/or the Rehabilitation Act have been violated by defendant, or not.”
The statement is direct, elaborate and unusual, in that the Judge — while keeping an open mind — is forecasting his views on Plaintiffs claims and ever so gently nudging the Township in the direction of resolving the claims by means of settlement versus forcing him to make a ruling against the Township in the matter.
The Hamilton Journal-News and Denise Callahan have the story fully developed here.