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Step by Step, City of Ogdensburg argue sides of discrimination suit in court

Posted 10/14/15

By JIMMY LAWTON OGDENSBURG -- Attorneys for Step By Step Inc. and the City of Ogdensburg argued in front of U.S. District Court Wednesday regarding a discrimination lawsuit filed against the city. An …

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Step by Step, City of Ogdensburg argue sides of discrimination suit in court

Posted

By JIMMY LAWTON

OGDENSBURG -- Attorneys for Step By Step Inc. and the City of Ogdensburg argued in front of U.S. District Court Wednesday regarding a discrimination lawsuit filed against the city.

An attorney for Step By Step Inc. called on the judge to deny the City of Ogdensburg’s motion to dismiss the lawsuit.

The non-profit mental health service provider at 103 Ford St. filed suit in July claiming the city has discriminated against its clients by denying a zoning change for a former school building they wanted to use.

This city countered in September with a motion to dismiss the suit.

Step by Step bought the former school at 1515 Knox St. in September of 2014 and petitioned city lawmakers to rezone the parcel from single family residential to a planned development district. The issue garnered resistance from the public and was eventually denied by city council.

Step by Step Attorney Carlo De Oliveria filed the lawsuit and requested preliminary injunction ordering the city to approve the application.

De Oliveria says Step by Step patients “have suffered and will continue to be irreparably harmed if Step by Step is not permitted to provide housing services to its members at 1515 Knox St.”

A 23-page memorandum filed Oct. 7 by De Oliveria, says the city denial of a zoning change has been damaging to the organization and its clients.

“The harm that the City of Ogdensburg has caused Step by Step and its current and prospective members is real and substantial. Although it will take time to recover from the stigmatization and prejudice of our community members, including some of our councilmen, we pray that the Court will exercise its equitable power and grant our request for a preliminary injunction so that we can continue to provide essential services to our members suffering from mental illnesses in the City of Ogdensburg.”

De Oliveria says membership at Step by Step has declined rapidly since the application was denied and “disparaging comments” were made about Step by Step and its members.

The judge did not make a decision.