City claims document request for housing discrimination lawsuit is burdensome, harassing

Everything from diary entries to drug tests may come into play in a housing discrimination case related to a local veteran.

The city claimed in November that landlords violated fair housing laws by refusing to rent to veteran Christopher Evans based on his disability and his use of an “emotional support dog.”

Attorneys for the landlords have denied that such discrimination occurred and are now requesting a host of documents as part of their rebuttal.

In addition to records related to Evans’ medical condition and the dog in question, the documents requested include diary entries from when Evans was in the army, employment applications since he was discharged and any drug test results for the past five years.

The attorney representing the city in the suit, David Brown, filed a request for protection from the document request on Tuesday. The filing states that the city does not have control of those records and that the request is “overly burdensome” and intended as harassment.

“Each of the elements is overly burdensome,” Brown said. “They request medical and military records that the city doesn’t have, and to force the city to go through the steps necessary to obtain those kinds of records is unduly burdensome.”

The city’s lawsuit claims that the landlords, Lyndon and Kathi Mullis, of Baldwin City, failed to make reasonable accommodations for Evans’ disability as required by local ordinance and federal fair housing law.

If the court does not require the city to provide the all of the documents requested, some of those documents could still be included as part of the case.

The city’s most recent filing states that Evans has said he would cooperate in providing some of the records. Specifically, the filing states that Evans has agreed to sign any “appropriate authorization” for a release of records. However, the city is requesting that if such documents are provided by Evans that they be covered by a protective order and treated as confidential.

The City of Lawrence Human Relations Commission filed the original lawsuit Nov. 8 in Douglas County District Court. The suit claims that KanMar Management LLC violated fair housing laws by refusing to rent to Evans based on his disability and use of an emotional support dog. As a result of the rejection of his rental application, the lawsuit is seeking damages of more than $75,000, as well as reimbursement of court costs and attorney fees. The figure includes actual monetary damages for Evans, as well as damages for “pain, suffering and humiliation.”

The defendants’ attorney, Bruce Hanson, sent the document request to the city in conjunction with the counterclaim filed Nov. 21 that denies the landlords discriminated against Evans. Hanson did not immediately return a phone call Thursday.

As part of the counterclaim, the landlords denied the allegations and instead accused the city of abusing the court process, stating that the city does not have evidence to support its claim. The counterclaim is asking that the lawsuit be dismissed and that the city pay monetary damages to the landlords of more than $50,000, as well as reimbursement of other costs and attorney fees.

The city has requested an extension for the claim, and a court hearing for the lawsuit has yet to be scheduled.