BLOOMINGTON — After 18 years of legal maneuvering and stalled construction plans, the American Civil Liberties Union (ACLU) has effectively ended Monroe County’s ability to delay the replacement of its aging, “unconstitutionally unsafe” jail.
ACLU attorney Ken Falk notified county officials this week that the organization will no longer grant annual extensions to a 2009 settlement agreement. The county council now faces a narrow, weeks-long window to approve the purchase of the North Park property or face renewed litigation that could strip local officials of their control over the project.
A new agreement filed in the U.S. District Court sets a May 29 deadline. If the County Council does not approve the purchase of the North Park site by this date, the ACLU will proceed with a lawsuit.
Falk filed this case in 2008. It’s now 2026, Falk said. He is frustrated with nearly two decades of stagnation.
The ultimatum has sparked a sharp divide between the Monroe County Commissioners and the County Council.
Supporters like Commissioner Jody Madeira argue that North Park is the only “ready-to-go” site. They warn that the alternative, the former RCA/Thomson property, would require city planning approvals and utility relocations that could take months or years, a timeline the ACLU has explicitly rejected.
Council members, including President Jennifer Crossley and David Henry, report feeling “blindsided” by the agreement. The council previously rejected the North Park site due to its $225 million price tag and its distance from downtown social services and courts.
Should the settlement lapse, the project would likely fall under the authority of a federal court. Legal experts suggest the county would almost certainly lose a new lawsuit given the documented deterioration and overcrowding of the current facility.
Under court-ordered supervision, the county could lose its “fiscal voice,” with a judge potentially mandating construction regardless of local site preferences or cost concerns.
Falk noted the window for further exploration has closed.
The County Council is expected to deliberate on the North Park purchase in the coming weeks as the May 29 cutoff approaches.
