Oconomowoc Residential Programs v. City of Milwaukee

2002

Court: Federal Court of Appeals, 7th Cir.

Facts: Zoning prohibits the creation of a group home (for traumatically brain-injured) within 2500 feet of another group home. This means this particular group home can't be where it wants to.

Posture: District court denies city's motion for summary judgment. Grants damages. Appeal.

Issue: Does this zoning violate ADA requirements of reasonable accomodation?

Holding: Yes. Affirmed.

Rule: The city failed to make a reasonable accomodation or to show that doing so would be an unreasonable burden.

Reasoning: The objections trotted out are farcical: they might be violent, there's a flood plain, the driveway is on a hill, etc.

Dicta: