Niles Case Tests LGBT Housing Discrimination In Federal Court

CHICAGO — A federal appeals court heard oral arguments Tuesday in the case of a woman who said she suffered housing discrimination at a Niles senior residential community due to a pattern of threats, harassment and assaults because of her gender and sexual orientation. Illinois law protects residents from discrimination based on sexual orientation, and the case also seeks to establish that the federal Fair Housing Act prohibits discrimination based on sexual orientation in addition to sex.

Marsha Wetzel, 70, formerly of Skokie, rented an apartment at Glen St. Andrew Living Community in November 2014 after her partner of 30 years died the prior year, according to her suit. She alleged she was called "countless homophobic slurs," taunted about raising a son with her late partner, physically threatened, bullied and intimidated in all of the communal spaces in the facility, and physically injured by other residents, "all because she had a committed relationship and created a family with another woman and because she is a lesbian."

Wetzel's lawsuit alleged that she reported the discrimination and injuries to administrators Sandra Cubas, Carolyn Driscoll and Alyssa Flavin but they argued with her, blamed her and called her a liar.

One resident, Elizabeth Rivera, would spit at her tell her things like “homosexuals will burn in hell," "you look like a man" and at one point knocked a table onto her with a wheelchair, according to the suit.

Another, Robert "Bob" Herr, regularly called her homophobic slurs, rammed her with a scooter and talked about "how great it is that all the gays were killed at the Pulse nightclub in Orlando," the lawsuit alleges.

"Bob will be Bob," Flavin responded, according to the suit. Flavin allegedly told Wetzel 10 people complain about her every day and barred her from spending time in the lobby.

Lawyers for Glen St. Andrew argued that the Fair Housing Act is not "a vehicle to regulate disputes among neighbors." They pointed out Wetzel has not claimed that administrators at the senior home retaliated against her or were themselves discriminatory.

Wetzel filed her initial complaint in July 2016. It was dismissed in January 2017.

U.S. District Court Judge Samuel Der-Yeghiayan found that Wetzel failed to allege that Glen St. Andrew was made uninhabitable or that the facilities operators acted as they did because of her sexual orientation.

"Wetzel does not allege any facts that suggest any actions taken against her by Defendants that were based on her gender or sexual orientation," he wrote. "Wetzel fails to cite any discriminatory animus, motive, or intent."

» Listen to the Feb. 6, 2018 Oral Argument in Wetzel v. Glen St. Andrew Living Community