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Under the federal Fair Housing Amendments Act of 1988 (42 USC 3604(f)), it is unlawful for a person to discriminate in the sale or rental of real property based on disability.  This decision holds that to invoke the act's protection, the disabled person must show he bought or rented the premises or tried to.  Rental for this purchase requires an… Read More

The Fair Housing Amendments Act (42 U.S.C. § 3604(f)(3)(B) prohibits discrimination in the form of “a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a disabled] person an equal opportunity to use and enjoy a dwelling.  Here, a disabled person was a month-to-month tenant.  The landlord offered him a… Read More

Defendant was not a state actor for purposes of 42 USC 1983 and thus could not be sued under that section when it canceled plaintiff's license to use a portion of its leased premises to present a program by a speaker that was anti-LGBT rights and thus contrary to defendant's values.  Under Burton v. Wilmington Parking Auth., 365 U.S. 715,… Read More

Under the Religious Freedom Restoration Act (42 USC 2000bb-1, 2000bb-2) allows a private right of action for "appropriate relief" against a "government," a term defined to include an official or other person acting under color of law of the United States.  This decision holds that the definition of "government" expands the term's normal meaning to include officials in their individual… Read More

Under 42 USC 12182(b), an owner violates the ADA if it fails to remove architectural barriers to handicap access in existing facilities where removal is readily achievable, or, if removal is not readily achievable, if it fails to make its goods or services available to a handicapped person through alternative methods, if they can be achieved without much difficulty or… Read More

Under Gov. Code section 12974, DFEH can seek a preliminary injunction from a court to halt what it believes is a discriminatory act or practice pending completion of DFEH's administrative proceedings.  Here, DFEH sought, and the trial court denied, such an injunction.  The DFEH continued its administrative proceedings thereafter until the defendants in that proceeding got the trial court to… Read More

Defendant NCAA was entitled to summary judgment in lawsuit challenging its policy of banning anyone with a felony conviction from coaching at an NCAA-sponsored tournament, since the policy furthered the NCAA's legitimate interest in avoiding harm to minors who participated in its tournaments and avoiding liability for that harm.  Read More

Plaintiff suing a federal official in her individual capacity for violation of constitutional rights may recover only damages, not injunctive or declaratory relief.  Read More