WASHINGTON - The Justice Department
filed a lawsuit today against the town of Colorado City, Ariz.; the city of
Hildale, Utah; Twin City Water Authority; and Twin City Power alleging a
pattern or practice of police misconduct and violations of federal civil rights
laws. The complaint alleges
discrimination based on religion in violation of the Fair Housing Act, the
Violent Crime Control and Law Enforcement Act and Title III of the Civil Rights
Act of 1964. This is the first lawsuit by
the Justice Department to include claims under both the Fair Housing Act and
the Violent Crime Control and Law Enforcement Act.
The adjoining towns of Colorado City and
Hildale are located on the border of Arizona and Utah and are populated
primarily by members of the Fundamentalist Church of Jesus Christ of Latter-day
Saints (FLDS). The FLDS is not
affiliated with the Church of Jesus Christ of Latter-day Saints.
The lawsuit, filed in the U.S. District Court
for the District of Arizona, alleges that defendants discriminated against
individuals who are not members of the FLDS by engaging in a pattern or
practice of violating the First, Fourth and Fourteenth Amendments to the U.S.
Constitution and the Fair Housing Act.
The complaint contends that the cities, their joint police department and
local utility providers under the cities’ control have allowed the FLDS Church
to improperly influence the provision of policing services, utility services
and access to housing and public facilities, and that this improper influence
has led to discriminatory treatment against non-FLDS residents.
Specifically, the complaint alleges that the
Colorado City Marshal’s Office (CCMO), the cities’ joint police department,
routinely uses its enforcement authority to enforce the edicts and will of the
FLDS; fails to protect non-FLDS individuals from victimization by FLDS
individuals; refuses to cooperate with other law enforcement agencies’
investigations of FLDS individuals; selectively enforces laws against non-FLDS;
and uses its authority to facilitate unlawful evictions of non-FLDS, among
other unlawful conduct. The complaint
also alleges that Colorado City, Hildale, Twin City Water Authority and Twin
City Power have denied or unreasonably delayed providing water and electric
service to non-FLDS residents, and that the municipalities refuse to issue
building permits and prevent individuals from constructing or occupying
existing housing because of the individuals’ religious affiliation.
“Religious freedom is a cherished principle of
our democracy. City governments and
their police departments may not favor one religious group over another and may
not discriminate against individuals because of their religious affiliation,”
said Thomas E. Perez, Assistant Attorney General for the Justice Department’s
Civil Rights Division. “No individual in
the United States should be targeted for discriminatory treatment by a city,
its officials or the police because of his or her religion.”
Both Utah and Arizona have decertified CCMO
officers. Three of the officers were
decertified because they refused to cooperate with state law enforcement
efforts. In addition, the sheriff’s
offices in both states have been actively addressing the issues in the
communities. The United States’
complaint seeks a court order prohibiting future discrimination by the
defendants, monetary damages for those harmed by the defendants’ actions and a
civil penalty.
This matter was investigated by attorneys from
the Housing and Civil Enforcement Section and the Special Litigation Section of
the Department of Justice’s Civil Rights Division. More information about the Civil Rights
Division and the laws it enforces is available at www.usdoj.gov/crt. If you have any information regarding this
matter, please contact the Justice Department at 1-800-896-7743 or email the
department at coloradocitydiscrimination@usdoj.gov.
The complaint is an allegation of unlawful
conduct. The allegations must still be proved in federal court.
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