Missouri town tells unwed couple to move out
By GLENN E. RICE
Kansas City Star
An unmarried couple said Wednesday that they planned to challenge a Missouri towns decision to enforce a decades-old ordinance that defines what constitutes a family.
On Tuesday the City Council of Black Jack, near St. Louis, rejected a measure that would have changed the definition of a family to include unmarried couples with two or more children.
I dont believe there should be a definition behind the word family,  said Olivia Shelltrack, who along with her boyfriend, Fondrey Loving, was denied an occupancy permit in Black Jack because the two have three children and are not married.
I thought everyone had a right to live where they wanted to live, Shelltrack, 31, said Wednesday.
The measure was rejected on a 5-3 vote. As a result, Mayor Norman McCourt said in a statement, those who do not meet the towns definition of family could soon face eviction.
The purpose of these occupancy permit laws generally is to avoid overcrowding by nonrelated parties, assure the lifelong maintenance of the citys housing stock, prevent new buyers from being obligated to repair residences that were not kept up to code, preserve the character of the neighborhoods and the city, and to protect the general safety and welfare of the citys residents, the mayors statement read.
The towns planning and zoning commission had earlier sought to change the law. Its proposal would have allowed two unrelated individuals having a child or children related by blood, adoption or foster care relationship to both such individuals to live together in a single-family dwelling.
The current ordinance prohibits more than three persons from living together unless they are related by blood, marriage or adoption. It had been used to prevent unwed people from living together with their children.
Black Jacks special counsel, Sheldon Stock, said the city intended to enforce the law but had no immediate plans to evict Shelltrack and Loving. The city could fine the couple up to $500 each time they are cited for violating the ordinance.
Several municipalities have similar ordinances but rarely enforce them, Stock said. The restriction has been upheld by the Missouri Court of Appeals, he said.
Because the issue could land in court, Stock said, he had advised city officials not to comment on the matter. The city has not sought to charge the couple or send them a notice about the violation, Stock said.
The couple said the U.S. Department of Housing and Urban Development is looking into the matter and then they will determine whether they need to file a lawsuit against the city to get the ordinance overturned.
The couples attorney, Tony Rothert, legal director of the American Civil Liberties Union of Eastern Missouri, said that before Tuesdays meeting they were under the impression the council would vote to change the ordinance. He said several couples faced similar violations in Black Jack but chose to get married or leave the area rather than fight the measure.
There is no grand reason why they have not gotten married, Rothert said. They do not want to be told by the city they have to be married. It cheapens the institution.
Shelltrack said she and Loving have been together for 13 years. They moved to Black Jack from Minnesota because they were able to find an affordable 2,400-square-foot house in an area with good schools.
The couple had closed on the home and sought an occupancy permit. City officials asked to see their marriage license and the childrens birth certificates. That is when they were told they were in violation of the city ordinance.
Shelltrack said they were surprised by the decision and plan to challenge the measure.
For a City Council and mayor to judge you and then have you justify whom you share your house with is crazy, she said.
The Associated Press contributed to this report. To reach Glenn E. Rice, call (816) 234-5908 or send e-mail to grice@kcstar.com
By GLENN E. RICE
Kansas City Star
An unmarried couple said Wednesday that they planned to challenge a Missouri towns decision to enforce a decades-old ordinance that defines what constitutes a family.
On Tuesday the City Council of Black Jack, near St. Louis, rejected a measure that would have changed the definition of a family to include unmarried couples with two or more children.
I dont believe there should be a definition behind the word family,  said Olivia Shelltrack, who along with her boyfriend, Fondrey Loving, was denied an occupancy permit in Black Jack because the two have three children and are not married.
I thought everyone had a right to live where they wanted to live, Shelltrack, 31, said Wednesday.
The measure was rejected on a 5-3 vote. As a result, Mayor Norman McCourt said in a statement, those who do not meet the towns definition of family could soon face eviction.
The purpose of these occupancy permit laws generally is to avoid overcrowding by nonrelated parties, assure the lifelong maintenance of the citys housing stock, prevent new buyers from being obligated to repair residences that were not kept up to code, preserve the character of the neighborhoods and the city, and to protect the general safety and welfare of the citys residents, the mayors statement read.
The towns planning and zoning commission had earlier sought to change the law. Its proposal would have allowed two unrelated individuals having a child or children related by blood, adoption or foster care relationship to both such individuals to live together in a single-family dwelling.
The current ordinance prohibits more than three persons from living together unless they are related by blood, marriage or adoption. It had been used to prevent unwed people from living together with their children.
Black Jacks special counsel, Sheldon Stock, said the city intended to enforce the law but had no immediate plans to evict Shelltrack and Loving. The city could fine the couple up to $500 each time they are cited for violating the ordinance.
Several municipalities have similar ordinances but rarely enforce them, Stock said. The restriction has been upheld by the Missouri Court of Appeals, he said.
Because the issue could land in court, Stock said, he had advised city officials not to comment on the matter. The city has not sought to charge the couple or send them a notice about the violation, Stock said.
The couple said the U.S. Department of Housing and Urban Development is looking into the matter and then they will determine whether they need to file a lawsuit against the city to get the ordinance overturned.
The couples attorney, Tony Rothert, legal director of the American Civil Liberties Union of Eastern Missouri, said that before Tuesdays meeting they were under the impression the council would vote to change the ordinance. He said several couples faced similar violations in Black Jack but chose to get married or leave the area rather than fight the measure.
There is no grand reason why they have not gotten married, Rothert said. They do not want to be told by the city they have to be married. It cheapens the institution.
Shelltrack said she and Loving have been together for 13 years. They moved to Black Jack from Minnesota because they were able to find an affordable 2,400-square-foot house in an area with good schools.
The couple had closed on the home and sought an occupancy permit. City officials asked to see their marriage license and the childrens birth certificates. That is when they were told they were in violation of the city ordinance.
Shelltrack said they were surprised by the decision and plan to challenge the measure.
For a City Council and mayor to judge you and then have you justify whom you share your house with is crazy, she said.
The Associated Press contributed to this report. To reach Glenn E. Rice, call (816) 234-5908 or send e-mail to grice@kcstar.com
