AIDS Services Case Against Gilsum Advances in Cheshire Superior Court
The town of Gilsum’s effort to restrict a group home for people with HIV was set back today by a decision from Justice Brian Tucker of Cheshire Superior Court.
The decision granting AIDS Services of Monadnock Region (ASMR) the right to present its case in court is the result of an action filed by GLAD in September 2008.
After unsuccessful efforts to exclude Wellness House from town entirely, Gilsum’s zoning board granted the home a variance in 2005, allowing it to operate but forbidding the house to have residents who 1) have been released from prison in the last 12 months; 2) have a history of drug or alcohol abuse and have not been substance-free for 12 months; or 3) have been convicted of a list of criminal offenses.
“We’ll now be able to show the court how Gilsum’s unreasonable and illegal restrictions on Cleve Jones Wellness House damage important public health goals,” said attorney Bennett Klein of GLAD.
GLAD argues that the town has no legal authority to impose these conditions under New Hampshire’s state zoning laws, and its restrictions violate the guarantee of equal protection promised in New Hampshire’s constitution.
The town moved to dismiss the case against it. Justice Tucker dismissed that motion today. The case will now proceed to a final determination on the merits of ASMR’s case to eliminate the illegal restrictions of the classes of people who can reside at the house.
ASMR is represented by GLAD and by Stephen Bragdon of Bragdon & Berkson, PC of Keene.
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