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Council Redefines Definition of Family
Contrary to stories reported recently in some media outlets, the City of Black Jack has not fined a couple challenging the city’s definition of the word ‘family’ in its occupancy permit law.

A news release distributed by the American Civil Liberties Union of Eastern Missouri on Aug. 10, stated that the “family now faces fines up to $500 every week for living in their home without an approved occupancy permit.”

While this sentence is accurate regarding potential fines, many media have erroneously jumped to the conclusion that Fondray Loving and Olivia Shelltrack have actually been fined $500 each week since they were denied an occupancy permit. In fact, they have not been fined at all.

In the meantime, the city council on Aug. 15 unanimously amended the definition of a family in the Black Jack Housing code. The change offers a new definition of “family” and contains provisions for two, or three people living together and allows “two unrelated individuals having a child or children related by blood, adoption or foster care” to live together as a ” single non-profit housekeeping unit.”

This change allows the Loving-Shlltrack family to fit newly defined definition of family in the city’s housing code. The change had been discussed by city officials over an extended period of time.

“I want to note the adverse impact that erroneous reporting has on the City’s ability to function,” said Mayor Norman McCourt. “Some of the media incorrectly stated that Shelltrack and Loving were being subjected to weekly fines by the City. That is absolutely untrue, and couldn’t even take place without appropriate court action, which hasn’t occurred. That report has caused considerable disruption of the City’s normal business because of e-mails and telephone calls resulting from the dissemination of incorrect information.

“With the passage of the ordinance,” added McCourt, “I hope that most of these issues are behind us.”

One of the benefits of this change is that it will eliminate any problems that affected families could have with the Hazelwood School District, said McCourt. “Many of the good reasons for a housing code have been lost in the debate about the definition of the word ‘family’ in the Code and in the City’s Zoning Ordinance.

“Maintaining the quality of the City’s housing stock and preventing overcrowding and misuse of residences are important functions of the Housing Code,” added McCourt. “Witness the incident that recently was reported about the results of overcrowding in a house in Michigan City, Indiana, in which four people died, as well as an occurrence in the Missouri Bootheel and another incident this week at a boarding house not far from here.”

No case currently is pending against Mr. Loving and Ms. Shelltrack.

Shelltrack and Loving, her fiancé, moved with Shelltrack’s three children (two of whom also are Loving’s children), into a home in Black Jack in January 2006. Black Jack codes did not prevent an unmarried couple from living in the city.

The City of Black Jack had not considered evicting Shelltrack and Loving from their home, nor did it have the authority to do so.

Black Jack was incorporated in 1970 and adopted its first version of an occupancy permit law in 1985, most recently amending that law in 2004. The City’s original occupancy permit law was an adaptation of Building Officials and Code Administrators International, Inc., a non-profit organization that developed one of the three sets of model codes used throughout the United States..

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