One Pennsylvania woman is suing the borough of Gallitzin over an absurd ordinance banning anyone with a recent drug felony from renting a home in the area.
As reported by the Tribune-Democrat, the case went to court last Wednesday. Darcy Smith, 38, and her attorney filed a lawsuit against Gallitzin in February. The single mother, who moved to central Pennsylvania two years ago, was served an eviction notice the day she signed a new lease at the start of February, after her landlord found out about a drug felony from a 2012 arrest in another county. Under the ordinance, established by the Gallitzin Borough Council, no one with a Pennsylvania felony drug conviction from the last seven years can rent property in the borough. Landlords who fail to follow the ordinance face fines up to $1,000 a day.
Three days after her eviction notice, Smith filed suit against Gallitzin. Fortunately, the judge quickly granted an injunction, allowing Smith to stay in her home until a ruling is made. Her attorney, Tim Burns, argued in court that the ordinance is unconstitutional and hinders offenders from reintegrating into society. “What we need to do is focus on the active drug dealers,” he said, “but we can’t punish the people who have already paid their debt to society.” He also pointed out strange loopholes in the ordinance. For one, it only applies to Pennsylvania drug felons, so anyone with a federal or out-of-state drug conviction is still perfectly welcome to rent in Gallitzin. And two, the rule only applies to renters. So Pennsylvania drug felons can technically stay with family or purchase a home without running afoul of the ordinance.
Burns suggested alternative methods of tenant control, such as keeping a registry of tenants. Michael Crotty, who is representing the borough, argued that the region’s drug problem has “frustrated” Gallitzin officials. The ordinance was intended to “pull out all the stops” in handling the issue. Gallitzin Mayor Ray Osmolinski Sr. defended the rule, which is not surprising since it was his idea. “We’ve got to eliminate these problems to have a decent life for our kids,” he said.
According to Keystone Crossroads, Cambria County’s drug overdose rate ranks second of all of Pennsylvania’s 67 counties. Judge Tamara Bernstein gave both sides until May to submit briefs to her office. She will make a decision shortly thereafter.