TOPEKA, Kan. (Legal Newsline) – A Kansas city is now in a legal battle with Goodwill, which takes issue with an ordinance it says is designed to protect property values by restricting the ability of thrift stores to operate.
Goodwill of Western Missouri and Eastern Kansas sued Olathe and city clerk Brenda Long on March 19 in Topeka federal court over the new law. Goodwill says the law punishes it despite being the type of business Olathe should value and encourage.
“The purported purpose of the DRB Ordinance is to protect surrounding property values, yet the city has no evidence or reason to believe that two thrift stores within a mile of each other would have any negative impact on surrounding property values,” the lawsuit says.
“And when Goodwill took action to move to a vacant building across the street to better serve the community, the City misapplied its own DRB Ordinance, declared that Goodwill was no longer a ‘lawfully nonconforming business’ and denied Goodwill the required license to operate at the new location.”
Olathe also ignored the endorsement of the Briarwood Homes Association for Goodwill to operate in the new location, the suit says.
“(T)he only conclusion one can reach is that the City has determined that it wants to disadvantage businesses that serve low-income customers,” the suit says.