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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6
   If the small group home had more than two rooms, a small
boardinghouse would not be the legally relevant comparator. We would
instead look to the regulations for a large boardinghouse.
7
  Even if this one-way ratchet were not the case, Ohio House could not
succeed simply by showing that the City’s regulations, which generally
benefit the protected class, may not benefit it in isolated scenarios, as a
facial challenge must show that the law lacks a “plainly legitimate
sweep.” Moody v. NetChoice, LLC, 144 S. Ct. 2383, 2397 (2024)
(quoting United States v. Salerno, 481 U.S. 739, 745 (1987)).
          THE OHIO HOUSE, LLC V. CITY OF COSTA MESA         27

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