Updated: Ruxton Man Sues Sheppard Pratt, State

(Updated 11:28 a.m.)—A Ruxton resident filed a lawsuit in  last month against and state health officials, contending that Sheppard Pratt's planned group home in the neighborhood on LaBelle Avenue violates state law. 

In the suit filed on Feb. 6, Thomas C. Costello—a Towson attorney and LaBelle Avenue resident who is the sole plaintiff—asks the court to void a state license . The suit also asks the court to affirm zoning laws for the group home's property at 1506 LaBelle Ave.

"The Maryland legislature set forth certain criteria that you have to meet in order to obtain this license and they don't meet several of them," Costello said Thursday. "And this isn't, to me, a federal fair housing claim. These aren't folks who don't have housing."

The home, which will not accept insurance, will cost patients $650 per night. In interviews, Sheppard Pratt officials have said the home will house up to six low-risk patients who are transitioning from the hospital's $2,000-per-night Retreat facility.

Karen Black, a Maryland Department of Health and Mental Hygiene spokeswoman, confirmed the department was served with the lawsuit on Feb. 22.

"We do not comment on litigation," Black said.

(The lawsuit is attached as a PDF with this story.)

The suit alleges that Sheppard Pratt plans the home as a for-profit endeavor to serve out-of-state clientele and, as such, it is not protected by state law covering group homes.

A Sheppard Pratt spokeswoman was not available for comment Wednesday.

Garrett Power, a professor emeritus of the University of Maryland Carey School of Law, said the  lawsuit is not likely to be successful Federal case law does not distinguish between for-profit or non-profit facilities, and requires state and local governments to make "reasonable accommodations" for mental health facilities, regardless of income level or target market. And no matter what state law might say on the subject, federal law will trump it in court, Power said.

"It surprises me that the litigation was brought because of the rather clear nature of the law involved," Power said.

Sheppard Pratt bought the LaBelle Avenue home , amid community outcry. Residents considered Sheppard Pratt's project as a for-profit "Hotel LaBelle" that would bring traffic and transient residents to the quiet Ruxton street. Residents formed a group, distributed signs and started a website in their campaign against the hospital's plan.