The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)

Citation: The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)
Parent Document: The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)
Jurisdiction: United States (federal)
Effective Date: 2024-12-04
Original Source: https://www.courtlistener.com/opinion/10287865/the-ohio-house-llc-v-city-of-c... ↗

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Gov’t Code § 12927(g) (defining “aggrieved” parties that
may sue under the FEHA). Thus, Ohio House is a proper
plaintiff in this case.
                  1. Disparate Treatment
    Ohio House first argues that the City’s zoning code is
facially discriminatory because it imposes different
requirements on group homes than other group-living
facilities that are not defined in relation to disability status,
namely boardinghouses. Ohio House further contends that to
prevail on its disparate-treatment claim based on a facial-
discrimination theory, it need only prove facially different
treatment, which is a purely legal question that should have
been resolved at summary judgment. Alternatively, Ohio
House argues that the City’s regulations do not benefit the
disabled because they pose greater burdens on group homes
than boardinghouses.
                     a. Legal Standard
    Disparate treatment is synonymous with intentional
discrimination. Ricci v. DeStefano, 557 U.S. 557, 577
(2009). Thus, to prevail on this claim a “plaintiff must
establish that the defendant had a discriminatory intent or
motive.” Tex. Dep’t of Hous. & Community Affs. v. Inclusive
Communities Project, Inc., 576 U.S. 519, 524 (2015)
(emphasis added) (quoting Ricci, 557 U.S. at 577). There are
multiple ways to prove such intent. Morris v. W. Hayden
Ests. First Addition Homeowners Ass’n, Inc., 104 F.4th
1128, 1139–40 (9th Cir. 2024).
    First, a plaintiff may rely on the burden-shifting analysis
established in McDonnell Douglas Corp. v. Green, 411 U.S.
792, 802–04 (1973). This analysis applies “where the
evidence [of discrimination] is indirect” and the plaintiff is
18        THE OHIO HOUSE, LLC V. CITY OF COSTA MESA

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