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A DeKalb County not-for-profit has filed a federal lawsuit over what it claims are discriminatory requirements placed on several group homes it operates for individuals with disabilities.
Butler-based Inspiration Ministries says the Indiana Department of Homeland Security has “engaged in intentional discrimination” by classifying the homes as Class 1 structures, which imposes “costly and burdensome requirements” on the organization.
The lawsuit was filed in the U.S. District Court for the Southern District of Indiana earlier this month. The suit lists the state of Indiana and DHS Director Joel Thacker as defendants.
Inspiration Ministries provides programs aimed at reducing addiction, recidivism and poverty in northeast Indiana. The organization operates numerous group living homes in Dekalb, Huntington and Noble counties where people recovering from alcoholism, drug addiction or who experience other mental illnesses live.
According to the lawsuit, the homes are designed as single-family residences and are physically indistinguishable from other nearby single-family homes.
The organization said the homes have been certified by the Indiana Family and Social Services Administration’s Division of Mental Health and Addiction.
But Inspiration Ministries said in the suit that three of its homes were recently selected for inspection for the first time by the Indiana DHS.
“Inspiration Ministries is unsure as to why these homes were selected for inspection,” the suit says. “The other homes owned and operated by Inspiration Ministries were not inspected and have never been inspected by the Indiana Department of Homeland Security.”
The homes were found to be in violation of Indiana law by being deemed Class 1 structures, which are buildings occupied by the general public, by three or more tenants, or by one or more persons who act as the employees of another, according to state law.
Class 1 structures require a design release issued by Indiana DHS’ Fire Prevention and Building Safety Commission, the suit says. The rules also require things such as the installation of fire suppression systems, which can cost up to $20,000, according to the organization.
The organization says the homes should be classified as Class 2 structures, which aren’t subjected to the same requirements as Class 1 buildings.
Inspiration Ministries claims that the DHS’ actions are discriminatory because the homes are being used for group living rather than for a traditional family.
“If Inspiration Ministries used the three structures noted above to house a nuclear family, they would therefore be deemed to be Class 2 structures and would not be subject to any review by the Department of Homeland Security and Inspiration Ministries would not be required to submit a construction design release to the State of Indiana and the Department of Homeland Security,” the suit says. “Nor would it have to comply with many of the onerous and expensive requirements imposed … such as the requirement that a sprinkler system be installed.”
The organization said because of its not-for-profit status, it does not have the funds to meet the Class 1 standards for its homes.
Additionally, the suit cites a previous case from 2019, in which the state and the head of the DHS were found to have violated the Fair Housing Amendments Act, the Rehabilitation Act and the Americans with Disabilities Act for imposing similar requirements on group homes that were otherwise similar to single-family homes.
“The actions of the State of Indiana and the Secretary of the Indiana Department of Homeland Security in imposing burdens and requirements upon Inspiration Ministries and its residents in the three homes it cited that are not imposed on identical homes containing a single family, and are therefore imposed solely because of the status of the residents as persons with disabilities, represents intentional discrimination against Inspiration Ministries and the residents because of the status of the residents as persons with disabilities,” the suit said.
Inspiration Ministries is seeking a preliminary and, ultimately, permanent injunction preventing the state from classifying its homes as Class 1 structures.
In emailed statements to Inside INdiana Business, representatives from the Indiana Attorney General’s Office and Indiana DHS said they would not comment on pending litigation.
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