The Bottom Line

“Just because a public interest group doesn’t like the law and wants to change the law, the group can’t go into court and try to file a claim.”
– November 2009 issue of Multifamily Executive

Multifamily Executive magazine reported in its November 2009 issue that a suit brought against Post Properties by the DC based Equal Rights Center was dismissed. The Equal Rights Center (ERC) cited Post Properties for allegedly designing, constructing and operating its complexes in a manner making them inaccessible to persons with disabilities in violation of the Fair House Act. Post Properties said that the ERC didn’t have standing as an organization representing the disabled. The judge agreed ruling that the ERC didn’t have the right to bring the case because they weren’t damaged.

An attorney for the law firm that represented Post Properties in the case which had been filed in 2006 said “That’s an important legal concept that requires the courts only adjudicate cases between parties that have real disputes. Just because a public interest group doesn’t like the law and wants to change the law, the group can’t go into court and try to file a claim.”