IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

BLANCHE W BELL,

Plaintiff

v.

THE EPISCOPAL CHURCH HOME, INC.,

D/B/A/ BISHOP GADSDEN RETIREMENT

COMMUNITY,

Defendant.

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CA No. 2:05-1953-DCN-RSC

PLAINTIFF'S MOTION

FOR PRELIMINARY

INJUNCTION

Pursuant to Rule 65(a), F.R. Civ. P., and other law, plaintiff Blanche W. Bell hereby moves for an order enjoining defendant, while this action is pending, from ejecting plaintiff from the apartment where she now resides, terminating its residency agreement with plaintiff, or otherwise interfering with her peaceful enjoyment of the said apartment and all benefits, accommodations, services and facilities related thereto. Further, it is requested that defendant be further enjoined from enforcing against plaintiff Bell its policies that prohibit long-term employment of personal care attendants by its residents. As grounds for this motion, Ms. Bell will show as follows:

1.	This is an action under the Fair Housing Act and the Americans with Disabilities Act alleging that defendant, an operator of a continuing care retirement community, has policies and practices that discriminate against people with disabilities in several ways, including overt exclusion of people who need assistance with daily living from its cottage and apartment units, mandatory segregation of people who need substantial personal care into its nursing home unit, outright prohibition of personal care attendant services in its cottage and apartment units (except on a temporary basis and even when arranged and paid for by the resident), and denial of permission to employ personal care attendants as a reasonable accommodation to disability.

2.	Plaintiff Bell is within the protected class of the FHA and the ADA as she has a physical impairment that makes her unable to walk or to perform self-care tasks without assistance. She has made her home in defendant's facility for over five years and started employing personal care attendants last year, after her disability commenced. For several months, with the full support of her physicians, she has been living successfully with attendant care for which she is solely responsible. Based on its policy that attendant care is allowed only on a temporary basis, and Ms. Bell's needs are now permanent, defendant has informed her she must fire her staff and move into its nursing home by July 12, 2005, or it will cancel her residency agreement and commence ejectment proceedings.

3.	Plaintiff has a substantial likelihood of prevailing in the litigation.

4.	The relief requested is in the public interest.

5.	Granting the relief requested will cause no substantial harm to defendant.

6.	If relief is not granted, plaintiff will be irreparably harmed.

7.	Attached hereto is a memorandum setting forth more fully the legal and factual basis for this motion, together with an affidavit of plaintiff and other supporting documentation.

8.	Counsel has not consulted with opposing counsel prior to filing this motion because this motion is being filed with the initiation of the action and opposing counsel have not yet made an appearance. Consultation will be made as soon as practicable.

WHEREFORE, PLAINTIFF REQUESTS RELIEF AS AFORESAID.

Respectfully submitted,

HARRIET McBRYDE JOHNSON, Esq

Federal ID No 2192

171 Church Street, Suite 160

Charleston SC 29401

(843) 722-0178

JOHN R POLITO, Esq

Federal ID No 3081

1325 Pherigo St

Mt Pleasant SC 29464

(843) 849-9721

Susan Ann Silverstein, Esq

Pending admission pro hoc vice

AARP FOUNDATION LITIGATION

601 E. Street, NW, Rm A4-140

Washington DC 20049

(202) 434-2159

ATTORNEYS FOR THE PLAINTIFF

Date: July 8, 2005