Gay & Lesbian Advocates & Defenders

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Our Work Cases AIDS Services for the Monadnock Region v. Town of Gilsum

AIDS Services for the Monadnock Region v. Town of Gilsum

Pending • New Hampshire • HIV/AIDS • Representing Plaintiff(s)

AIDS Services for the Monadnock Region v. Town of Gilsum

GLAD filed suit September 24, 2008 in Keene Superior Court on behalf of AIDS Services for the Monadnock Region (ASMR), which operates a group home in Gilsum for people with HIV and Hepatitis C. The lawsuit asserts that the Town of Gilsum has illegally restricted the client population who can live in Cleve Jones Wellness House, where clients receive intensive support, services, and supervision.

After unsuccessful efforts to exclude Wellness House entirely, the town granted the home a zoning variance in 2005, allowing it to operate but forbidding the residence from housing people 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.

According to the lawsuit, 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.

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