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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basis.” 2 C.C.R. § 12040(c); see also Martinez v. City of Clovis, 90
Cal.App.5th 193, 270–71 (Jul. 19, 2023) (adopting the burden-shifting
framework in 2 C.C.R. §§ 12040–12042 for a FEHA discriminatory
effects claim). The disjunctive “or” suggests that, while the two latter
items in the list require adverse action, the former does not. See Antonin
Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal
Texts 116 (2012). And, similar to the Community House framework, a
defendant can avoid liability for a facially discriminatory policy by
showing the policy “[o]bjectively benefits a protected class” and “[i]s the
least restrictive means of achieving the identified purpose.” 2 C.C.R.
§ 12042(f).
4
  The City does not argue that its zoning code “responds to legitimate
safety concerns raised by the individuals affected.” Id.
          THE OHIO HOUSE, LLC V. CITY OF COSTA MESA        23

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