Stafford County officials had mixed reactions yesterday to a lawsuit challenging an ordinance that limits the number of unrelated people living in a single-family home.
In June, the Board of Supervisors added a definition of "family" to the county code and amended the zoning ordinance to allow only four people not related by blood, marriage, adoption or guardianship to live in a residential dwelling.
North Stafford resident Nailah S.C. Jaha filed suit in Stafford Circuit Court challenging the definition of family. She claims the ordinance will impede her plans to have her brother, his girlfriend and the girlfriend's two children move into her home.
In light of the lawsuit, Aquia Supervisor Paul Milde said he plans to bring the ordinance back up for discussion.
While he voted for the amendment, Milde said he had reservations about the restriction on unrelated people living together.
"I agree with the plaintiff, that we have no business as a county making a distinction between unwed parents and wed parents," he said.
Milde said he voted for the amendment because it addressed safety concerns such as noise pollution and residential streets crammed with cars.
"If I had a chance to do it again, I'd make sure we protected parents that weren't married," he said. "This was a safety ordinance. It was designed to keep overcrowded situations from happening."
Board Chairman George Schwartz, who voted against the amendment, said it didn't consider all of the types of possible living arrangements.
"On balance, I didn't agree with the attempt by the board to define a family," he said. "We don't know what's coming up the line."
Stafford is one of several localities that have recently regulated the number of people living in a dwelling.
"The ordinance is almost identical to ordinances passed in other surrounding counties," said Garrisonville Supervisor Mark Dudenhefer, who supported the amendment. "Our attorney looked at what we did before we did it. They feel that it's viable, and therefore we'll have to see what a judge says."
Supervisors vehemently denied the lawsuit's allegation that the ordinance is racially discriminatory because "African-Americans have historically defined family to include a number of broader relationships that need not be formalized by marriage, blood or adoption."
"I think it's a reach to
"I don't think race has anything to do with this," added Milde. "There are plenty of non-black parents that are not married, and I wouldn't want it to be discriminatory against them, either."
Kafia Hosh: 540/735-1977
Email: khosh@freelancestar.com