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Complaint in United States V. Town of Colorado City

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Complaint in United States V. Town of Colorado City 1 Thomas E. Perez Assistant Attorney General 2 Steven H. Rosenbaum (NY Bar #1901958) Jonathan M. Smith (DC Bar #396578) 3 R. Tamar Hagler (CA Bar #189441) Christy E. Lopez (DC Bar #473612) 4 Eric W. Treene (NY Bar #2568343) Lori K. Wagner (VA Bar #39446) 5 Sean R. Keveney (TX Bar #24033862) Jessica C. Crockett (NY Bar #4694972) 6 Anika Gzifa (DC Bar #495394) Matthew J. Donnelly (Ill Bar #6281308) 7 United States Department of Justice Civil Rights Division 8 950 Pennsylvania Avenue, NW Northwestern Building, 7th Floor 9 Washington, D.C. 20530 Facsimile: (202) 514-1116 10 E-mail: [email protected] Phone: (202) 305-3107 11 Attorneys for Plaintiff United States of America 12 13 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 14 United States of America, ) 15 ) Plaintiff, ) 16 ) Civil No. v. ) 17 ) Town of Colorado City, Arizona; ) COMPLAINT 18 City of Hildale, Utah; Twin City Power; ) and Twin City Water Authority, Inc., ) 19 ) Defendants. ) 20 ) ) 21 INTRODUCTION 22 1. This action is brought to enforce the Fair Housing Act, Title VIII of the Civil Rights 23 24 Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 25 §§ 3601 et seq; Title III of the Civil Rights Act of 1964, 42 U.S.C. § 2000b; and 26 pursuant to 42 U.S.C. § 14141. 27 28 2. The Town of Colorado City, Arizona (“Colorado City”), and the City of Hildale, Utah 1 2 (“Hildale”) (collectively, “Cities”), and two utility agencies under the Cities’ control 3 (collectively, “Defendants”) have engaged in and continue to engage in a pattern or 4 practice of conduct that deprives persons of rights, privileges, or immunities secured or 5 protected by the First, Fourth, and Fourteenth Amendments to the United States 6 7 Constitution and the laws of the United States. 8 JURISDICTION AND VENUE 9 3. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1345 10 and 42 U.S.C. § 3614. Venue is proper under 28 U.S.C. § 1391(b) as a substantial part 11 12 of the events or omissions giving rise to the claim occurred in the District of Arizona. 13 NATURE OF ACTION 14 4. Defendants have engaged in a pattern or practice of illegal discrimination against 15 individuals who are not members of the Fundamentalist Church of Jesus Christ of 16 17 Latter-day Saints (“FLDS”). The Cities’ public officials, the Colorado City/Hildale 1 18 Marshal’s Office (“the Marshal’s Office”), and utility entities have acted in concert 19 2 with FLDS leadership to deny non-FLDS individuals housing, police protection, and 20 21 access to public space and services. Furthermore, the Defendants have denied non­ 22 1 The Marshal’s Office is a subdivision of the municipal governments of both Defendant 23 Colorado City and Defendant Hildale. 24 2 Throughout this Complaint, the term “non-FLDS” includes: 1. individuals who were 25 never members of the FLDS; 2. individuals who were members of the FLDS but left the 26 Church; and 3. individuals who were told that they “lost priesthood,” were told to “repent from a distance,” or were otherwise excommunicated by Warren Jeffs and/or his 27 followers. 28 2 FLDS members access to housing in the Cities, and they have coerced, intimidated, 1 2 threatened, and interfered with the housing rights of non-FLDS members. The 3 Marshal’s Office has inappropriately used its state-granted law enforcement authority 4 to enforce the edicts of the FLDS, to the detriment of non-FLDS members. In addition, 5 the Cities’ officials have misdirected and misused public resources in the service of the 6 7 FLDS. 8 5. For at least 20 years, the Cities have operated as an arm of the FLDS, in violation of 9 the Establishment Clause of the First Amendment of the United States Constitution. 10 The Cities’ governments, including the Marshal’s Office, have been deployed to carry 11 3 12 out the will and dictates of FLDS leaders, particularly Warren Jeffs and the officials to 13 whom he delegates authority. For decades, officials of the Cities have, by operating at 14 the direction and for the benefit of the FLDS, abdicated their official duties to protect 15 the rights of all citizens equally and to administer governmental functions consistently 16 17 with the Establishment Clause of the United States Constitution. 18 DEFENDANTS 19 6. Defendant Colorado City is a local unit of government organized under the laws of the 20 State of Arizona. 21 22 7. Defendant Hildale is a local unit of government organized under the laws of the State 23 of Utah. 24 25 3 On August 4, 2011, Jeffs was convicted of two counts of child sexual assault against a 26 twelve year-old girl and a fifteen year-old girl in San Angelo, Texas. He is now serving a life plus twenty-year prison sentence. Jeffs remains the head of the FLDS while in 27 prison. 28 3 8. Defendant Twin City Water Authority, Inc. (“TCWA”) is a non-profit corporation 1 2 organized under the laws of the State of Utah. It is responsible for the provision of 3 water services in Colorado City and Hildale. It operates under the actual or apparent 4 authority of Defendant Colorado City and Defendant Hildale. 5 9. Defendant Twin City Power is or was an intergovernmental entity of Defendant 6 7 Colorado City and Defendant Hildale. At all times relevant to this action until July 8 2009, it was responsible for the provision of electric power in Colorado City and 9 Hildale. It operated under the actual or apparent authority of Defendant Colorado City 10 and Defendant Hildale. 11 12 FACTUAL BACKGROUND 13 10. The adjoining communities of Colorado City and Hildale are populated primarily by 14 members of the FLDS who are followers of the self-proclaimed prophet Warren Jeffs. 15 Non-FLDS residents also live in the Cities, but they are a distinct minority. 16 17 11. Members of the FLDS traditionally contribute a significant portion of their money, 18 property, and time to a trust called the United Effort Plan Trust (“UEP Trust” or 19 “Trust”). The UEP Trust is a registered charitable trust in the State of Utah. Until 20 2005, the Trust was controlled by the FLDS Church. 21 22 12. Much of the land, and many of the improvements thereto, in Colorado City and 23 Hildale, including most of the Cities’ residences, belong to the UEP Trust. Residents 24 who live in Trust-owned homes typically have signed occupancy agreements with the 25 Trust. 26 27 13. In 2005, a Utah court determined that the UEP Trustees had violated their legal duties 28 in administering the Trust, including duties relating to former members of the FLDS 4 Church who are beneficiaries of the Trust. The court appointed Bruce Wisan, who is 1 2 not affiliated with the FLDS Church, as Special Fiduciary of the UEP Trust (“Special 3 Fiduciary”) to administer the Trust’s assets and operations. 4 14. In 2006, the court reformed the UEP Trust. Bruce Wisan continues to serve as the 5 court-appointed Special Fiduciary. The stated purpose of the Trust is “providing for 6 7 the just wants and needs of the beneficiaries which purpose is beneficial to the 8 community.” 9 ALLEGATIONS 10 15. Defendants have allowed the FLDS Church or its agents to direct or unlawfully 11 12 influence their actions regarding policing services, housing, and access to public 13 facilities, in violation of the First, Fourth and Fourteenth Amendments, the Fair 14 Housing Act, and Title III of the Civil Rights Act of 1964. 15 Unconstitutional Policing 16 17 16. The Marshal’s Office has failed to provide policing services to non-FLDS individuals 18 on the basis of religion. The Marshal’s Office fails to protect non-FLDS individuals 19 from victimization by FLDS members, fails to investigate crimes against non-FLDS 20 individuals and their property, and refuses to arrest FLDS individuals who have 21 22 committed crimes against non-FLDS individuals. These crimes and actions include 23 destroying crops on a non-FLDS-operated farm, vandalizing property in the control of 24 the UEP Trust, returning at least one underage bride to a home from which she had 25 fled, and trespassing on property occupied by non-FLDS individuals. 26 27 17. The Marshal’s Office selectively enforces laws and regulations against non-FLDS 28 individuals on the basis of religion. Instances of selective enforcement include 5 arresting non-FLDS individuals for trespass but not arresting similarly situated FLDS 1 2 individuals, and citing non-FLDS individuals for traffic violations but not citing FLDS 3 individuals for similar infractions. 4 18. Non-FLDS individuals experience the hardship and mental and physical stress 5 resulting from the knowledge that the Marshal’s Office will not come to their aid in 6 7 time of need. For example, in January 2012, a woman who was, in effect, 8 excommunicated by the FLDS, fled her home in the Cities with her six young 9 daughters after learning that FLDS leaders demanded that she sever all contact with 10 five of her six children. This woman believed, based on its policies and previous 11 12 actions, that the Marshal’s Office would not come to her assistance to protect her 13 parental rights if she complained about the FLDS edict separating mothers from their 14 children. She decided, as many other non-FLDS members have done, to flee with her 15 children under cover of darkness to safety outside of the Cities.
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