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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)

Citation
Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Parent Document
Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Effective Date
2010-09-01

Other Sections in This Document (106)

Full Text

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       The district court concluded that Appellants must show (1) the different costs
of rent for African-Americans under the City’s Housing Code and the federal HQS
and (2) the percentages of African-Americans and non-African-Americans who could
not afford rent because the City enforced the Housing Code instead of the HQS. We
agree that such a before-and-after cost-of-rent comparison is one way to show that
African-Americans experience a disproportionate adverse effect. However, it is not
the only way.5 Appellants are not required provide a particular statistical comparison.
See Teamsters, 431 U.S. at 340 (statistics to prove discrimination “come in infinite
variety and . . . their usefulness depends on all of the surrounding facts and
circumstances.”). We conclude that Appellants offered enough evidence to withstand
summary judgment on their prima facie case, thereby shifting the burden to the City
to show a legitimate, non-discriminatory objective.