Mary Valencia v. City of Springfield, 883 F.3d 959 (2018)

Citation: Mary Valencia v. City of Springfield, 883 F.3d 959 (2018)
Parent Document: Mary Valencia v. City of Springfield, 883 F.3d 959 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-03-01
Original Source: https://www.courtlistener.com/opinion/4473714/mary-valencia-v-city-of-springfield/ ↗

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By extension, according to the City, plaintiffs “are seeking an
opportunity which would not be afforded to similarly situ-
ated non-disabled persons under any circumstances.” We
agree with the district court that this theory is dubious. The
present record does not provide any evidence that the City
“has ever taken any measure to enforce [a] prohibition against
three unrelated non-disabled adults residing in a single fam-
ily home.” Practically speaking, therefore, plaintiffs seek the
same opportunity as unrelated non-disabled individuals.
    On the questions of reasonableness and necessity, our de-
cision in Oconomowoc is instructive. There, Milwaukee denied
an occupancy permit for a disabled adult residential facility
because two other group homes were operating within 2,500
feet of the proposed home (one of which was located within
358 feet). Id. at 778–79.
    The facility appealed to Milwaukee’s Board of Zoning Ap-
peals, arguing that a variance was necessary as a reasonable
accommodation under the FHAA. Id. The facility presented
evidence of the scarcity of disabled housing, as well as de-
tailed information about the needs of two individual plaintiffs
suffering from traumatic brain injuries. Id. At the same time,
prospective neighbors of the group home expressed concerns
that the disabled residents “might become violent” and
“threaten the safety of residents of the community.” Id. at 779–
80. Other neighbors “raised concerns about the amount of
traffic,” “parking restrictions that could constitute a hazard
for the group homes residents,” and the “lack of sidewalks.”
Id. at 780.

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