CROMWELL - Please Note: the article has been updated to reflect the most recent developments related to this matter.

       There is also a correction: in the 10/22 print edition of The Rare Reminder, we stated that Mayor Enzo Faienza contacted Connecticut DPH regarding the licensing requirements for Gilead’s 5 Reinman Avenue property �" it was Town Attorney Kari Olson, on behalf of the Town, who made the inquiry.

      

       Two Town Councilors have walked back a strongly worded statement that had demanded the resignation of Town Manager Tony Salvatore.

       Democratic Councilors Al Waters and James Demetriades put out the press release �" which also called for the dismissal of Town Attorney Kari Olson �" earlier this week, after a U.S. District Court handed Cromwell $5 million in punitive penalties for their 2015 opposition to the establishment of a group home near the local high school.

       But after the Council’s 2.5-hour closed door strategy session with lead defense attorney Tom Girard Thursday night, Waters and Demetriades issued a retraction.

       “Based on the new information presented to us, we believe the Town of Cromwell has valid grounds for appeal, and that the Town Manager, Anthony Salvatore and Town Attorney, Kari Olson, acted appropriately,” they wrote in the statement that went out Friday evening. “We have been advised by Counsel that the Town’s interests would best be served if we did not comment any further while the litigation is pending. Per that advice and in light of the new information, we withdraw our October 18, 2021 joint letter.”

       Last Friday, a Bridgeport jury sided with the Connecticut Fair Housing Center, which brought a federal housing discrimination suit against the Town on behalf of the nonprofit Gilead Community Services.

       On Monday, Demetriades called for a “full reset” for what he described as a “$5 million mistake”.

       Attorneys with the D.C. firm Relman Cofax argued that Cromwell Mayor Enzo Faienza and Salvatore were in violation of the Fair Housing Act when they expressed opposition �" through a series of press releases, emails with concerned residents, and statements published in local news publications �" to a 5 Reinman Avenue “community living center” that would have housed no more than 6 residents with mental health challenges.

       Back in 2015, Faienza said that he was attempting to address a groundswell of opposition from area residents concerned about its location �" and proximity to Cromwell High.

       But last week, a U.S. District Court jury ruled that the Town overstepped their bounds �" awarding Gilead $181,000 in compensatory damages, plus the $5 million, the Hartford Courant reported.

       Cromwell officials have indicated that an appeal is imminent.

       While Faienza and Salvatore have been cleared of any personal liability, Demetriades and Waters lamented what they described as a likely hike in insurance premiums, should the Town end up stuck with the penalty.

      

      

       “This is the second major case alleging discrimination brought against the Town of Cromwell under the Town Manager’s watch; the previous being a 2018 ACLU led CHRO complaint alleging pregnancy discrimination when the Town Manager denied a pregnant police officer protected leave,” reads the retracted October 18 letter put out by Waters and Demetriades. “Our town deserves more responsible stewardship and leadership from our Chief Executive Officer. Discrimination is never justified, and the actions of the Town Manager went beyond mere opposition to a group home - the jury determined it was illegal discriminatory conduct.”

      

       On February 19 of last year, with personal liability looking less and less likely, the Council voted to hold Faienza and Salvatore harmless for any related penalties.

       Minutes from that meeting �" an executive session portion, specifically �" showed that the Mayor recused himself. The rest of the Council �" Waters and Demetriades included �" supported the motion.

       Gilead purchased the 5 Reinman Avenue property in 2015, with DMHAS approval to house no more than 6 residents.

       Faienza and the Council hosted a town forum on April 14 of that year, fielding 60 comments in opposition throughout 4 hours of testimony, according to court records.

       In press releases and email correspondences �" from before and after �" included in the trial record, Faienza writes that the town was “totally caught off guard” by the Gilead proposal, and that “I’m hoping they reconsider completely and choose not to move forward with anything”.

       Not long after, Attorney Olson reached out to State Department of Public Health (DPH), inquiring as to whether Gilead needed a license to operate a community residence.

       DPH said that they did not, according to trial records.

       The nonprofit was also waged a losing battle with the Town Assessor’s Office for a tax exemption.

       Gilead, who runs another community living center on Main Street, closed the Reinman Avenue location in July of 2015 �" after a resident left the property and wandered into Hartford, re-igniting neighborhood tensions over the home.

       Gilead and the Fair Housing Center sued in 2017. The case went to trial in 2019, after both sides failed to win a motion for summary judgement �" i.e., a pretrial ruling.

       The Court’s rationale for denying the defense its motion for summary judgement was based on what U.S. District Judge Victor Bolden’s interpretation of the Fair Housing Act �" which he says casts a wide net in defining acts of discrimination.

       Language stigmatizing members of a protected class, Bolden ruled, doesn’t have to directly impact a real estate transaction to constitute housing discrimination �" discriminatory “intent” and the creation of procedural roadblocks is enough to run afoul of the federal law, he says.

       By all indications, Cromwell will be putting that thinking to a second the test through an appeal.

       “The Town of Cromwell has several viable grounds for appeal and post-trial motions are currently being prepared,” Faienza said Monday. “At this time, we cannot make any further comments because the trial is still pending.”