By JIMMY LAWTON

OGDENSBURG -- An attorney for Step By Step Inc., says a federal court decision that requires the city to approve a zoning request at the former Lincoln school is a major victory, but does not mark the end of the discrimination lawsuit.

"I am delighted that the court understood what was at stake. This decision will serve as a reminder to elected officials not to allow the prejudices and unlawful biases of a few to influence their decision making process,” Attorney Carlo A. C. de Oliveira said. “SBS is seeking to make a positive contribution to the community, and instead of being rejected it should have been embraced by the City of Ogdensburg and its residents."

Mayor Wayne Ashley expected the council will discuss the requirements of the ruling and the pending lawsuit at its Monday meeting.

“Obviously we are going to have to follow the injunction issued by the judge,” Ashley said. “We have a meeting scheduled for Monday where we will likely discuss the lawsuit with our attorney in executive session,” he said.

Further comment from the city was not provided as the lawsuit is ongoing.

The non-profit mental health service provider at 103 Ford St. filed suit in July claiming the city has discriminated against its clients by denying a zoning change for a former school building they wanted to use.

Step by Step bought the former school at 1515 Knox St. in September of 2014 and petitioned city lawmakers to rezone the parcel from single family residential to a planned development district.

Step by Step’s request drew public outcry from area residents who feared the rezoning would lead to reduced property values and change the atmosphere of the neighborhood.

It was eventually denied by city council.

Step by Step is suing the city of Ogdensburg in federal court, alleging violations of the Fair Housing Act and Americans with Disabilities Act. Step by Step’s attorney filed the lawsuit and requested preliminary injunction ordering the city to approve the application.

Oliveira said that while the court ruling is a big victory, the fight is far from over.

"Although this is a substantive victory for our client, it does not mean that the case is over. At least Step by Step will be permitted to expand its services to its patients as the case moves forward. I hope that the City will eventually join Step by Step in its efforts to provide services to members of the community suffering from mental illness and, part of this effort, includes educating the public about the need to include and accept individuals suffering from mental illness as valuable members of the community."

Because SBS's preliminary injunction asked the court to order the city to approve its application Step By Step was required to show "a substantial likelihood of success on the merits, i.e. that its cause is considerably more likely to succeed than fail."

After considering SBS's claims and the city's defenses, the court concluded that "SBS has demonstrated, by clear showing, the necessary elements required for injunctive relief to be entered in its favor. As a result, equitable powers will be exercised to prevent the city from continuing discriminatory action against SBS."

The court ordered the city to approve the zoning application in order to establish a mental health facility consistent with its application.

The city was ordered to file its approval with the clerk of the court on or before April 15.

Oliveira issued a press release Wednesday that the highlights Judge David N. Hurd's decision.

"While obtaining public comment on a matter of public concern is commendable, the City Council may not cede its decision making authority to the public, especially when a significant portion of public opposition was based on improper biases towards SBS's clients. It is the obligation of the City Council to properly consider an application according to the criteria set forth in its City Code, independent of any prejudices toward the disabled. Plaintiff has made a compelling showing to indicate that this obligation was breached in the present case," Hurd said in his decision.

Hurd criticized the city for failing to offer an explanation of its denial of the zoning request.

"The sequence of events, strong community opposition partially based upon improper generalizations concerning SBS's mentally ill clients, and the City's failure to articulate any rationale for its denial sufficiently demonstrate that improper animus against the disabled individuals was a significant factor in the decision to deny plaintiff's application. As such, plaintiff has established a prima facie case of intentional discrimination."

The judge also agreed with Step By Step’s attorney that the zoning denial caused monetary loss and discrimination.

"In essence, the discrimination against SBS yielded two separate and cognizable injuries. The first injury, the monetary loss concerning operational expenses, was only suffered by SBS itself, and dictates a remedy of monetary damages. The second injury, the discrimination against SBS's mentally ill clients who are unable to obtain supportive housing and services from the unopened facility, are suffered in part by SBS's clients, and in part by SBS itself. This injury dictates an equitable remedy."