No. 18-1445

Theresa Seeberger v. Davenport Civil Rights Commission, et al.

Lower Court: Iowa
Docketed: 2019-05-20
Status: Denied
Type: Paid
Amici (2)
Tags: civil-procedure civil-rights civil-rights-law civil-rights-ordinance commercial-speech content-discrimination discrimination due-process first-amendment fourteenth-amendment free-speech landlord-tenant viewpoint-discrimination
Key Terms:
SocialSecurity FirstAmendment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Was the imposition of liability for the landlord's speech a violation of the First and Fourteenth Amendments to the United States Constitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner was a small landlord in Davenport, Iowa who decided to terminate the at-will tenancy of a mother and her teenage daughter when she learned the unmarried daughter had become pregnant. The termination of the tenancy itself, allegedly on the basis of familial status, did not violate Davenport’s municipal ordinance. But the local civil rights commission concluded that the landlord had violated local law by providing the truthful reason for the termination because it was a statement reflecting discrimination on the basis of familial status. The Iowa courts upheld this decision, concluding that it did not violate the First Amendment because “prohibiting discriminatory speech,” even about the lawful termination of the tenancy, was a substantial governmental interest under the Central Hudson test. 1. Was the imposition of liability for the landlord’s speech a violation of the First and Fourteenth Amendments to the United States Constitution? 2. Was the local law’s prohibition of statements indicating discrimination based on familial status subject to strict or heightened scrutiny because it was content and/or viewpoint discriminatory?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-07
DISTRIBUTED for Conference of 10/1/2019.
2019-07-31
Reply of petitioner Theresa Seeberger filed.
2019-07-19
Brief of respondent Davenport Civil Rights Commission in opposition filed.
2019-07-19
Brief of respondent Michelle Schreurs in opposition filed.
2019-06-25
Motion to extend the time to file a response is granted and the time is extended to and including July 19, 2019, for all respondents.
2019-06-19
Brief amicus curiae of Southeastern Legal Foundation filed.
2019-06-19
Brief amicus curiae of Hamilton Lincoln Law Institute filed.
2019-06-19
Motion of respondent Michelle Schreurs to extend the time to file a response from June 19, 2019 to July 19, 2019, submitted to The Clerk.
2019-06-13
Motion to extend the time to file a response is granted and the time is extended to and including July 19, 2019.
2019-06-10
Motion to extend the time to file a response from June 19, 2019 to July 19, 2019, submitted to The Clerk.
2019-05-16
Petition for a writ of certiorari filed. (Response due June 19, 2019)

Attorneys

Davenport Civil Rights Commission
Sasha Minh Samberg-ChampionRelman, Dane & Colfax, Respondent
Hamilton Lincoln Law Institute
Theodore Harold FrankHamilton Lincoln Law Institute, Amicus
Michelle Schreurs
Eric SchnapperUniv. of Washington School of Law, Respondent
Southeastern Legal Foundation
Kimberly Stewart HermannSoutheastern Legal Foundation, Amicus
Theresa Seeberger
Michael E. RosmanCenter For Individual Rights, Petitioner