Baxter v. City of Belleville, Illinois

Charles Baxter (plaintiff) applied for a permit to lease a building in the City of Belleville (city) (defendant) to use as hospice housing for people with Human Immunodeficiency Virus (HIV) or the more progressive condition of Acquired Immunodeficiency Syndrome (AIDS). In zoning hearings and city-council meetings, Baxter was questioned about the house’s proximity to local schools, the residents’ potential homosexual tendencies and drug use, sanitation plans, and the residents’ potential effect on property values. The aldermen for the ward that housed the property supported Baxter, but the city voted to deny Baxter’s permit. The city had never voted against a permit supported by a property’s aldermen. Baxter filed suit in the United States District Court for the Southern District of Illinois, claiming a violation of the Fair Housing Act (FHA). [Editor’s Note: The casebook excerpt incorrectly identifies the court as the United States District Court for the Northern District of Illinois.] Baxter asked for a preliminary injunction compelling the city to grant his permit. The city claimed that it denied the permit because it was unsure that Baxter could effectively operate the home. However, court testimony indicated that the city denied the permit due to concerns about the spread of HIV to the community. Evidence presented in court showed that HIV-positive people posed no risk of transmission to the larger community and that the city did not refer to or consult any medical authorities in making its permit decision.