ARLINGTON, Va. — One of the critics against a major housing zoning overhaul in Arlington is accusing county officials of intimidating opponents.
Dan Creedon with Neighbors for Neighborhood said the Arlington County Board issued a subpoena to seek information from him about support for the lawsuit to overturn the Missing Middle Housing/Expanded Housing Options {EHO) initiative.
The board unanimously approved the plan more than a year ago to help establish more townhouses, duplexes and other multi-residential units on lots that once required only one home. There could be as many as six units on one lot in certain neighborhoods.
Creedon is among the opponents who believe the plan was rushed and lacks enough study on the long-term impacts. His organization helps collect money to support a lawsuit by 10 residents.
Creedon believes the board's subpoena is a way to intimidate opponents, which asks for specific items including all communications with any plaintiff regarding the litigation, all communications with any person seeking support for the litigation, all communications with any person seeking that the person become a plaintiff in litigation challenging the EHO Amendments and any social media posts or public statements regarding the lawsuit.
“It’s just an invasion of privacy,” Creedon told WUSA9. “I think it’s an insult to the First Amendment. It’s total intimidation by the county for fear they’re doing well in the lawsuit.”
The county challenged the lawsuit last year, but a judge ruled plaintiffs had the right to sue. Supporters of the development plan say this is an opportunity to increase housing opportunities.
Both the attorney for the Arlington County Board and a spokesperson said the subpoena should come as no surprise, citing how plaintiffs disclosed Creedon as a potential witness.
“Indeed, it appears that the plaintiffs were influenced by non-parties to bring this litigation and to make the claims they now assert, based on unknown, undisclosed information,” a statement sent to WUSA9 said. “The court and the public are entitled to know what forces—and whose interests—did and now control the Nordgren litigation, plain and simple.”
In addition, the statement read, “The County is not targeting far flung information about citizens participating in the political process, as Mr. Creedon suggests.”
The trial for the lawsuit is still set for July 8.
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