WILKES-BARRE -- The American Civil Liberties Union filed a lawsuit in federal court in Wilkes-Barre on behalf of two tenants and three landlords who've been hit under the city's one strike ordinance.
That ordinance was put into place in 2013 to crack down on problem landlords and tenants, but the lawsuit is seeking to have a judge deem it unconstitutional.
In September 2013, Mayor Tom Leighton shut down a property, and dozens of others in Wilkes-Barre under the city's one strike ordinance.
It allows the city to evict tenants, and prevent landlords from renting the place for six months if illegal activity is suspected.
The owner of that place is Adam Peters, one of the five plaintiffs in the lawsuit filed against the city of Wilkes-Barre.
"I did my due diligence as a property owner in finding tenants and keeping the property up to code. Yet I have been penalized by somebody else's actions. And that's not right," Peters said.
One of the other plaintiffs in the case, a displaced tenant, cried thinking about the day she was forced to leave her home.
"Fear and worrying where I'm going to go night to night, where I can stay. It's hard, and hard for my 17-year-old daughter," said Tina Hall.
The ACLU filed the federal suit on behalf of the landlords and tenants, asking for a judge to declare Wilkes-Barre's ordinance unconstitutional, to order the city to stop enforcing it, and to award damages.
Vic Walczak of the ALCU says there's a right way to evict tenants for wrongdoing, and a right way to prevent irresponsible landlords from renting a property, but the one strike ordinance isn't it.
"This ordinance does not come close to meeting the constitutional or other legal requirements for doing either of those things," Walczak said. "The right way to do it is to go to court, you get a judge to say there's grounds for eviction. It's called due process."
Still, the ordinance has its fans, like Bill Maley who owns four homes in this area. He says he's had it with the crime, and with people not taking care of their properties.
"I thought it was a good idea. There's too many outsiders, people rent to anybody. And they get away with murder."
Mayor Tom Leighton was out of town on Thursday but his office released a statement, pointing out that city residents who've been directly affected by drugs and violent crime have applauded the city's efforts to remove that element from their neighborhoods.
It goes on to say that the city will continue to enforce the policy.
“The safety and security of city neighborhoods and the community have always been and will continue to be my primary focus since taking office. Wilkes-Barre residents are entitled to safe neighborhoods and it is the responsibility of all property owners to ensure a quality of life that is free of illegal activity. In turn, my administration has a responsibility to protect residents from such activities by encouraging landlords to take pride in their tenants without turning blind eye to crime for the sake of a rent check. City residents that have been directly affected by drug trafficking and violent crime have applauded our efforts to remove this element from their neighborhoods. We will continue to enforce this policy in the best interest of our residents as part of my commitment to public safety.” – Mayor Thomas M. Leighton