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For more than 15 years, the city of Fort Wayne has forced landlords to evict tenants implicated in any type of drug activity.
But that policy is under attack by the American Civil Liberties Union and a local landlord who says the ordinance violates free-speech rights.
The ordinance, dubbed an “anti-narcotics bill,” took effect in January 1993 and was largely the culmination of efforts by a local landlord. Thomas Ostragni began a crusade in the late 1980s, taping drug transactions at his properties, meeting with the U.S. Drug Enforcement Administration and pressuring City Council members.
The ordinance says in part that no person who owns real estate shall knowingly allow it to be used as a site for any use or sale of illegal narcotics. It fines landlords $2,500 a day for every day they fail to initiate and complete eviction proceedings against tenants who deal or consume drugs.
But Christopher Morgan, who owns properties through his company, Picture Perfect Property LLC, does not want to evict a tenant in the 4400 block of Spatz Avenue.
According to a lawsuit filed against the city this week, the renter has been a model tenant. But she invited a friend of her child’s father to stay with her, and when he began having visitors at all hours of the day and night, she kicked him out.
The man had come to the attention of the Fort Wayne Police Department, however, and it sent Morgan a letter saying he needed to evict the woman or face legal action, the suit states.
Morgan did not want to evict the tenant but followed the city’s instructions, and a hearing was scheduled.
A police officer was to have testified but didn’t show up and a judge dismissed the petition.
Morgan received a second letter from the police department in which it apologized for the mix-up regarding the hearing and asked him to file eviction proceedings again, according to court documents.
Morgan has no desire to evict the tenant because he does not believe she was involved in illegal activity, according to court documents.
In the lawsuit, the ACLU argues the city’s ordinance requires the landlord to initiate eviction proceedings, making it compelled speech, a violation of the First Amendment to the U.S. Constitution.
The ACLU also argues the ruling is arbitrary and irrational, according to court documents.
Morgan wants a preliminary injunction against the city’s enforcement of the ordinance as it pertains to him and a declaration the city has violated his rights.
Fort Wayne officials declined to comment on the pending litigation.
Morgan found himself in trouble with police this week during a fight at a local nightclub, where he was arrested for interfering with an investigation.
During an exchange with police, an intoxicated Morgan told police he had the ACLU representing him in a lawsuit against the city, “so what was one more lawsuit,” according to a Fort Wayne police report.
Morgan could not be reached for comment, and a message left for the lead ACLU attorney on the case went unreturned.
