Housing Authority Which Tried To Evict Woman Over Religious Sign Pays Damages And Attorney's Fees To Settle Case 

September 2, 2003

Mathew D. Staver

Taylor, Michigan – Johnie Heard lives in Section 8, low income, government housing which is owned by the city of Taylor, Michigan. She has lived in the housing development for 10 years, but last year was threatened with eviction from her home for displaying an 8-inch, stop sign-shaped window sign containing the following message: “24 Hr. Prayer Station.” Mathew D. Staver, President and General Counsel of Liberty Counsel, and Erik Stanley, Litigation Counsel for Liberty Counsel, represented Ms. Heard in a lawsuit filed last year claiming violation of her right to free speech, as well as violations of the Fair Housing Act. 

The Housing Authority instituted eviction proceedings against Ms. Heard last year because she refused to take down the prayer sign in her window. Ms. Heard not only lives in low-income housing, but also watches children in her home for a living. She was faced with a loss of housing as well as a loss of her livelihood simply for displaying a small religious sign in her window. Other residents were allowed to display numerous secular signs, such as holiday signs and sports team signs, without being told to remove them.

After the City’s attempt to evict Ms. Heard was dropped, she filed a federal lawsuit claiming violation of her right to free speech and violation of the Fair Housing Act, which prohibits discrimination in the terms of housing on the basis of religion. The only reason the City targeted Ms. Heard’s sign was because it is religious. 

On the eve of depositions in the case, the Housing Authority agreed to settle the case. As part of the settlement, the Housing Authority adopted a new rule allowing residents to display signs in their windows or on their doors. The Housing Authority also paid Liberty Counsel’s attorney’s fees and costs and paid a substantial amount of damages to Ms. Heard. Shortly after the settlement was reached, the manager of the complex was terminated.

Staver noted, “I’m astounded that the City would attempt to evict a single woman living on a shoestring budget solely for displaying a religious message in the window of her home. As a government housing facility, the city of Taylor and the housing authorities must respect the First Amendment rights of these residents. Certainly, the residents have the right to display religious messages in the windows of their own homes.” Staver also added, “We are very happy with the result in this case. The new policy and the large monetary payment by the Defendants in this case should wake up other housing authorities to understand that they must abide by the Constitution.” Staver concluded, “What the City and the Housing Authority did in this case was wrong and should outrage all of us. This settlement shows that they are not above the law.”


J.D.S. Gives Birth to Baby Girl

We reported in a previous Liberty Alert about our involvement in the J.D.S. case, arguing that a guardian should be appointed for J.D.S.'s unborn child. J.D.S. became pregnant while she was a ward of the state of Florida. We are pleased to announce that J.D.S. gave birth on Saturday to a baby girl. The Florida Department of Children and Families has taken custody of the baby, who appears healthy. Although this situation ended with a live birth, the J.D.S. case raises important legal questions regarding whether a guardian should be appointed for an unborn baby when the incompetent mother is unable to make medical decisions on her own. Although a judge refused to appoint a guardian for J.D.S.'s unborn child, the case has been appealed to the 5th District Court of Appeal in Florida, and will set a precedent for similar cases that may arise. 

Mathew D. Staver, Esq.
Liberty Counsel
http://www.lc.org.

An Ally of the Alliance Defense Fund