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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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Turning to the second step of our analysis, Appellants concede that enforcement
of the Housing Code has a manifest relationship to legitimate, non-discriminatory
objectives. Specifically, the City has shown that enforcement of the Housing Code
promotes the objectives of providing minimum property maintenance standards,
keeping the City clean and housing habitable, and making the City’s neighborhoods
safe and livable. As such, the burden falls back on Appellants to “offer a viable
alternative that satisfies the [City’s] legitimate policy objectives while reducing the
. . . discriminatory impact” of the City’s code enforcement practices. Darst-Webbe,
417 F.3d at 906 (emphasis removed).