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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the City was required to waive enforcement of the separation
requirement as a reasonable accommodation.
               a. CMMC § 13-200.62(f)(7)
     “[A] plaintiff cannot succeed on a facial challenge unless
[it] ‘establish[es] that no set of circumstances exists under
which the [law] would be valid,’ or [it] shows that the law
lacks a ‘plainly legitimate sweep.’” Moody, 144 S. Ct. at
2397 (quoting Salerno, 481 U.S. at 745 (third and fourth
alterations in original)). We begin our analysis by
determining the scope of the challenged law. See id. at 2398.
We then determine “which of the laws’ applications violate
[the FHA] and . . . measure them against the rest [of the
lawful applications].” Id.
    The City’s reasonable-accommodation regulation gives
anyone seeking zoning approval related to housing and other
facilities that “substantially serve persons with disabilities”
the right to apply for reasonable accommodation from
regulations or policies that impose “a barrier to equal
opportunity for housing.” CMMC § 13-200.61. This portion
of the regulation reads in full:

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