Maplewood Settles ACLU Suit, Agrees To Reform Nuisance Law

MAPLEWOOD, MO — The City of Maplewood has settled a lawsuit by the American Civil Liberties Union, agreeing to reform its controversial nuisance law that critics say punishes crime victims.

In 2017, the ACLU and the St. Louis Equal Housing and Opportunity Council jointly sued the city on behalf of Rosetta Watson, a domestic abuse survivor, claiming Maplewood uses its nuisance laws to "banish" African Americans by revoking their occupancy permits, thereby "perpetuating Maplewood's status as a 'white' community in the starkly segregated St. Louis metropolitan area."

Maplewood's law allows certain residents to be designated nuisances simply because they have been involved in multiple police calls, regardless of whether they did anything wrong, according to the lawsuit.

For example, if two or more police calls are associated with a resident — even if the resident is the victim — the town can effectively vote to expel them. In its suit, the ACLU cites Watson who was kicked out of Maplewood for calling the police on her abuser.

“I thought calling 911 would help stop the abuse, but instead Maplewood punished me,” Watson said. “I lost my home, my community, and my faith in police to provide protection. I want to make sure that other women in Maplewood do not suffer the way I did.”

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The settlement announced today requires the city to implement reforms to the ordinance, including adopting protections for crime victims. It will prohibit city officials from basing nuisance decisions on calls to police for help, require training for city officials, and stipulate that Maplewood's nuisance enforcement records be openly shared with the ACLU until 2023. Maplewood will also pay Watson $137,000 in compensation and attorney's fees.

"Categorizing victims of domestic violence as 'nuisances' for calling the police is unconstitutional and morally reprehensible," said Sandra Park, senior staff attorney for the ACLU Women’s Rights Project. “These laws endanger crime victims and empower abusers. Our settlement is an important step toward guaranteeing that survivors feel comfortable coming forward and dismantling official policies that perpetuate violence.”

The ACLU recently won similar victories in municipalities in Pennsylvania and Arizona.

In June, Maplewood officials declined to participate in a community meeting held by the ACLU, and Maplewood Mayor Barry Greenberg told St. Louis Public Radio he still doesn't believe the city did anything wrong.

"[The nuisance law has] been an effective tool, and the concern was that tool could be used in a matter that might not be appropriate," Grenberg said. "I don’t think it has. I don’t think it was intended to do that, but the clarification of the language, I think, is helpful."

The city declined further comment until the new reforms are approved by the city council. That could happen as soon as September 25. The council plans to introduce a resolution next Tuesday.

"We are pleased that the city of Maplewood has changed this unconstitutional law that punished people in need of help," said Tony Rothert, legal director of the ACLU of Missouri. "No one should be banished from their community because they called law enforcement for assistance."

Maplewood has also been accused of running a pay-to-play scheme that targets African Americans and the poor through its municipal court system. In a separate suit, ArchCity Defenders, a legal advocacy group, argues that Maplewood often jails people for minor traffic violations based solely on their ability to pay unreasonable fines. For example, before a defendant can receive information on the charges against them, schedule a court date, or appear before a judge, they must first pay the City of Maplewood between $500 and $800 to recall the warrant against them or face arrest and jail time, according to the complaint.

"Poor people and people of color have known about Maplewood's policies for years," ArchCity Defenders executive director Thomas Harvey said in 2016. "Our clients say Maplewood's police and court practices have prohibited them from driving through, shopping, and even living in Maplewood."

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