Justice Department files discrimination lawsuit against Tinley Park

Tinley Park violated the Fair Housing Act when officials refused to approve a 47-unit apartment building targeted to low-income renters, the U.S. Justice Departmentalleges in a discrimination lawsuit filed Wednesday.

Plans for the building, known as the Reserve, have been on hold since a Feb. 4 Plan Commission meeting, where a vote that could have given final approval to the development was tabled amid heated public opposition.

The Reserve developer Buckeye Community Hope Foundation sued the village in April, alleging village officials have improperly interfered with the project. The government's lawsuit is separate from Buckeye's filings.

The Justice Department's lawsuit claims that Tinley discriminated against prospective tenants, "when it refused to approve the project despite the Tinley Park Planning Department's finding that the project was in 'precise conformance' with the applicable building requirements," federal officials said in a press release.

Plan commissioners should have approved the project under Tinley's zoning ordinances but didn't in response to vocal "and, at times, race-based community opposition," federal officials said.

The lawsuit cites social media posts in support of its argument. According to the lawsuit, one Facebook commenter posted a photo of an African-American man pouring malt liquor on a gravestone, and another commenter asked: "Is that one of the hopeful occupants?"

Another person commented on a different post, "Whitey doesn't have a chance," according to the lawsuit.

"Our office is committed to fighting unlawful discrimination wherever it occurs, including in fair housing," United States Attorney Zachary T. Fardon, of the Northern District of Illinois, said in a statement. "Where appropriate, we will pursue local governments that try to reduce affordable housing opportunities for discriminatory purposes."

In an interview, Tinley Park Mayor Dave Seaman said he's "disappointed" by the Justice Department's lawsuit, which he said portrays the village "as something it clearly is not."

"We don't believe we have done anything that's discriminatory in nature, we fully cooperated with the DOJ and (have) given them thousands of documents," Seaman said. "Any decisions around the planning area were not in any way shape or form based on race or any other inappropriate considerations."

The allegations of discrimination have infuriated village residents, some of whom pointed to how Tinley Park responded following Hurricane Katrina in 2005, finding shelter for about 100 people who were left homeless, many of whom were black, in a portion of the mental health center.

Donations of food, clothing and other items poured in for those evacuees, and truckloads were delivered to New Orleans.

Trustee Brian Younker in April said he was offended by accusations that racist attitudes are behind the project's opposition. He called the claim "appalling, at best."

"Race has nothing to do with it, none whatsoever," Younker said.

In a September court filing in response to the lawsuit brought by Buckeye, the village denied that the project is in full compliance with village development codes.

The village's filing noted that while The Reserve had been found in full compliance with the necessary development rules — a finding that, in this case, had the effect of removing the Village Board from the decision-making process — that determination "does not preclude there from being existing and later-arising issues which a developer must first resolve before proceeding with a development."

Buckeye has alleged that village officials have illegally interfered with the project, but in its September filing the village's law firm contended that officials have not "engaged in any unlawful conduct."

This week, Seaman said Tinley Park is a community that does "provide affordable housing" and "promote diversity."

"Obviously we recognize that there are people in need around us," Seaman said. "We're not exactly trying to act like we don't see the issues."

Seaman also said it's "disappointing we have to continue to pursue these costly efforts in the courts because it gets expensive."

"But I think if we have to defend our actions, and that's the only vehicle to do it, then that's the way we'll do it," Seaman said.

As of this summer, Tinley Park had spent nearly $129,000 on legal costs related to its defense of a federal lawsuit filed by the developer.