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