Lakewood Loses in Court

On September 21, 2018 Peirce County Superior Court Judge Elizabeth Martin dismissed Lakewood’s lawsuit against the state of Washington and Woodville Adult Family Home. The judge also invalidated the city ordinances #680 and #682.  The city had attempted to redefine what an adult family home is and limit who can be served in an AFH.  Additionally the city had passed a moratorium on issuing new AFH business licenses.

Prior to the passage the Adult Family Home Council attempted to work with the city and explain the illegal nature of these ordinances. Despite many meeting with city officials and testimony before planning commissions and city council, Lakewood moved ahead.  Once the ordinances were voted in by the city, the issue was moved to the Courts.  Attorneys for the state argued that the city did not have proper authority and the judge agreed.

City of Lakewood officials claim that they are concerned about residents with a history of violence or sex offenses living in adult family homes. There are very few residents that meet that description.  Those who may have had a history of offenses often constitute no risk as they are elderly and frail by the time they come to live in an AFH.  Even so, the city has undertaken no effort to provide projections from people with a history of violence or sex offenses living in their own home, assisted living, skilled nursing facilities, or who may be homeless wandering the streets of Lakewood.  Further, the city can site no instances of AFH residents causing any type of disturbance or increased risk.

What the city pointed to is the increased “anxiety” of the neighbors. This is a NIMBY (not in my back yard) issue.  Neighbors fear that they may be living next to someone with a mental illness or has committed a crime.  The risk is the same if you are living next to an AFH or not.  What the city did not hear despite repeated attempts, is that AFHs provide supervision, access to medications, care, and support to their residents. With a 1:6 staff to resident ratio, an AFH is the best supervised long term care setting available.  Homes that serve challenging populations require to have additional training and staffing as needed. If Lakewood wants to address the safety of residents, they should focus on supporting safe AFHs, not demonizing a care setting that they clearly do not understand.

The city has the right to appeal the case and they may. We also suspect they will attempt to take legislative action to limit AFH services.  The AFH Council will be ready to defend against any and all actions aimed at reducing the rights of AFH owners or the vulnerable adults they serve.

One Response

  1. I applaud your contant “watching our back” in this matter. Thank you to all who speak out for the rest of us.

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