The fight between the city of Springfield and Chase Hadez, aka Colton Lexus, is going to the next round.
The city filed a petition July 9 with the Sangamon County Seventh Judicial Circuit Court for a preliminary injunction that would require Lexus to immediately cease and desist living in tiny home structures on his property at 1705 E. Carpenter St.
At a hearing the morning of July 13, the city, represented by senior assistant corporation counsel Robert Hogue, asked Judge Robin Schmidt to grant the injunction. Schmidt denied the request, saying the matter needs continued due diligence from the court, and set another hearing for July 22.
To the smiling, 31-year-old Lexus, the decision was a victory in his one-man fight against city hall – even if the odds of ultimate judgment in his favor still seem stacked against him.
“The city is using its municipal code to unlawfully interfere with one’s living standard, and in this case, trying to evict someone from their own home,” Lexus told Illinois Times. “If the city does win this case – which I doubt they will be able to do because they have to be able to meet the burden of proof that (the structures) are in any way, shape or form a public hazard – … the city would immediately be sued for undue hardship, pain and suffering.”
Flanked by a handful of other city officials who watched from the spectator section, Hogue walked out of the courtroom after telling IT, “I have absolutely no further comment.”
Wearing jeans and a dress shirt, Lexus sat at the defendant’s table representing himself. He came armed with several documents he believes support his case to live in the two tiny homes he built himself, despite the city’s contention that the structures violate local zoning ordinances and safety standards.
Lexus did most of the talking at the hearing and convinced the judge to accept into evidence a document in which he laid out his case. While Schmidt was courteous and seemingly open to Lexus’ arguments, she cut him off a couple of times before things got “too deep in the weeds.”
She also seemed confused at a request by Lexus to “impound” the hearing from going public, with Lexus citing personal security reasons – with both parties knowing media coverage from Illinois Times was already happening.
“I’m going to deny that one,” Schmidt said.
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The weeds figure to get deeper on July 22, as Schmidt said she will block off a two-hour time period for hearing the next round of arguments. The hearing Monday lasted close to one hour.
The city has served notice to Lexus on several occasions, written and orally, that his two living structures (one 18 square feet, the other 32) violate zoning codes. The municipality has said ultimately they would be demolished if changes adhering to code weren’t made.
But Lexus, who moved to Springfield in April after living in the original 18-foot “pod” in Chicago and purchasing the lot at 17th and Carpenter streets for nearly $5,000, said his homes are perfectly livable and “up to code” in alternative ways that should be acceptable to the city.
“They said I don’t have lights. I do have lights that run off of batteries and solar power. Their argument was that I don’t have running water. I do have running water. It’s privately sourced and not coming from one direct source or a public line,” Lexus said. “Their intent is to have me build a space that is much bigger than what’s needed, while also burdening me as a property owner to pay for their uses and their services. In this scenario, the city has no standing. I don’t use their public services, and as a result of that, I’m free to choose how the structure – in this case the pods – are able to be used.”
Lexus, who said he is unemployed but getting by from some government assistance and some social media and music income, also told Schmidt he should have freedom from eviction for violating city zoning laws because of his own religious beliefs.
Is this just a cynical Hail Mary move? Are the tiny homes now off-limits to city laws because they are religious shrines?
Lexus, whose background has invited questions about his credibility at times, told a reporter he is sincere.
“It’s not a violation for an individual to build a faith-based structure, even if that structure does not meet city code. It can’t meet city code currently, because there’s no actual variance in the code for that type of structure. This is worship-based housing,” said Lexus, who said he is a believer in the Celestial Church of Christ. “I believe this is how God has chosen for me to live – to live off-grid, away from church and state. That is the lifestyle I’m choosing, based on my faith.”
