Skip to main content

Posts

Showing posts with the label Standing

More Stringent Standard for Organizational Standing and the Need to Keep an Eye on this Issue.

Equal Rights Ctr. v. Post Props. 657 F. Supp. 2d 197 (D.D.C. 2009) Decided September 28, 2009 This case stands on the principle that organizational standing is not available when an organization's injury is self-inflicted. Whether we are seeing a more stringent principle being promulgated, a refinement in the law or a case of bad strategy is unclear. Equal Rights Center ("ERC"), an organization devoted to advancing civil rights and fair housing for everyone, brought suit against Post Properties for allegedly failing to bring their buildings into compliance with accessibility provisions in the American Disabilities Act ("ADA") and Fair Housing Act ("FHA"). Post Properties owns and manages more than 21,000 apartment units across five states. According to the Court's description of the facts, ERC, on its own accord, chose to investigate one of Post's buildings to determine whether they were in compliance with accessibility laws. Th...