About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

108 Colum. L. Rev. 1181 (2008)
Denying Access to Justice: The Cost of Applying Chronic Nuisance Laws to Domestic Violence

handle is hein.journals/clr108 and id is 1201 raw text is: NOTES DENYING ACCESS TO JUSTICE: THE COST OF APPLYING CHRONIC NUISANCE LAWS TO DOMESTIC VIOLENCE Cari Fais Chronic nuisance laws impose fines or other sanctions on property own- ers based on the number of times police respond to the property. These ordi- nances aim to recover the cost of what the government considers to be exces- sive police service, and to encourage property owners to prevent criminal activity from occurring on the premises. This Note argues that domestic vio- lence calls for police service should not trigger liability under chronic nui- sance laws. Applying chronic nuisance laws to victims of intimate partner violence exacerbates the barriers that many victims already face in accessing housing, and blames the victim for criminal activity that she cannot control. Imposing sanctions that discourage domestic violence victims from calling the police is also incompatible with other government policies that address domestic violence, including mandatory arrest, evidence-based prosecution, and the housing protections in the Violence Against Women Act. This Note proposes several legal challenges to the application of chronic nuisance laws in domestic violence cases. It also explores legislative reforms that would protect victims' access to the police, while still allowing local governments to target actual nuisance activity. INTRODUCTION Laurie's ex-boyfriend appeared at her home, uninvited, to retrieve some of his belongings. Once inside, he threw her to the ground and began to strangle her. Laurie's daughter, in fear for her mother's safety, called 911. The police responded and, despite the visible bruising around Laurie's neck, failed to arrest her boyfriend or remove him from the home. After the police left, Laurie's ex-boyfriend punched her in the face and ripped her ear. This time Laurie called the police. During their second response, the police informed Laurie, in front of the assailant, that since this was her second call for police service, a third call to the police would result in eviction from her apartment.' Laurie's landlord did not want to evict her and her children and considered Laurie to be a desirable tenant.2 Nonetheless, the law in East Rochester states that upon the third call for police service, the town 1. Second Amended Complaint at 7-8, Grape v. Town/Village of East Rochester, No. 07 CV 6075 CJS (F) (W.D.N.Y. July 6, 2007). 2. Id. at 6. 1181

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most