Settlement could mean end to dispute between Monroe County, Sojourn House over shelter for human trafficking victims
A settlement agreement in a legal dispute that started last year, between Sojourn House and Monroe County, could soon result in a zoning variance for the nonprofit.
Sojourn House wants to operate a residence for up to eight victims of human trafficking with post-traumatic stress disorder and other related disabilities at a property that it purchased for that purpose, located on Kerr Road about four miles east of Bloomington.
When the county’s BZA denied its application for a use variance in spring 2023, then refused to hear an amended application in summer 2023, Sojourn House filed a lawsuit in Monroe County circuit court.
The lawsuit alleges that the BZA violated Sojourn House’s rights under the FHA (Fair Housing Act), ADA (Americans with Disabilities Act), and the U.S. Constitution. The case was transferred to federal court but was then punted back to the county circuit court.
The settlement agreement does not grant the variance sought by Sojourn House—only the BZA can do that.
But on Oct. 9, county attorney David Schilling got approval from the board of county commissions for the settlement agreement, which charts out a path to resolution of the dispute.
Under the settlement agreement, the BZA does have to hear the application for a variance. And if the BZA grants it, then Monroe County’s insurance company has to pay $135,000 to Sojourn House in exchange for dismissal of its legal claims. If the variance is not granted, then the litigation resumes.
Members of the county’s BZA are: Dee Owens, Skip Daley, Pamela Davidson, Margaret Clements, and Guy Loftman.
The settlement agreement also sets conditions on residents of the Sojourn House facility, including prohibitions on violent criminal backgrounds, and substance use. Sojourn House is also required to implement rules for evictions and departures, conduct random drug testing, and ensure that residents who violate drug or alcohol rules are removed from the program.
Sojourn House is also required to apply for and maintain proper licensing and accreditation, report any loss of licensing, and ensure that no parking occurs along public roadways. An “Access List” of authorized personnel has to be maintained, with background checks for all staff and volunteers.
The agreement also calls for Sojourn House to submit a site plan for county planning department approval.
Timeline
2019-08-30 Sojourn House is formed to provide support and case management for women who are trafficked and exploited.
2022-12-14 Monroe County Planning initially informs Sojourn House that no zoning application is necessary for their intended use under Indiana law protecting residential facilities for individuals with mental illness.
2022-12-22 Sojourn House purchases the property for $425,000, based on Monroe County’s initial zoning approval.
2023-12-27 After complaints from neighbors, county planning staff determine a variance application is, in fact, required—concluding that Sojourn House’s proposed use is a Group Home Class II under Monroe County’s zoning code. Sojourn House files its original variance application, for which the county’s planning staff recommends approval.
2023-03-01 The Monroe County board of zoning Appeals (BZA) denies Sojourn House’s original variance application. The March 1, 2023 vote to deny the use variance is 3–1 with Dee Owens dissenting. Voting to deny the use variance are Skip Daley, Margaret Clements and Guy Loftman. Pamela Davidson is absent.
2023-04-05 Sojourn House submits an amended variance application, reducing the number of residents from 15 to 8 and including a request for reasonable accommodation under the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA).
2023-06-28 The BZA refuses to hear Sojourn House’s amended application, citing a procedural rule that conflicts with local ordinance provisions allowing amended applications within six months of denial. The vote on refusing to hear the amended application is 3–1 with Pamela Davidson dissenting. Voting to refuse to hear the application are Margaret Clements, Skip Daley, and Guy Loftman. Dee Owens is absent.
2024-09-24 Settlement agreement reached.
It was the BZA’s refusal in June of last year, to hear the amended application, that led to Sojourn House’s complaint filed initially in Monroe County circuit court, alleging that the board violated Sojourn House’s rights under the FHA, ADA, and the U.S. Constitution.
The next meeting of Monroe County’s board of zoning appeals is Nov. 6.
