No. 23-71

City of Costa Mesa, California v. SoCal Recovery, LLC, et al.

Lower Court: Ninth Circuit
Docketed: 2023-07-25
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: ada-disabilities americans-with-disabilities-act disability-discrimination fair-housing-act major-life-activities public-comments regarded-as-disabled standing substantial-limitation
Key Terms:
SocialSecurity
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (AI Summary)

Can entities derive standing to sue for disability discrimination without proving their individual residents are substantially impaired?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. The Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seg.) and Fair Housing Act (42 U.S.C. § 3601 et seq.) define “disability” as an impairment that substantially limits one or more major life activities. This Court’s precedent* requires a natural person suing for disability discrimination to make an individualized showing of substantial limitation. Can entities such as group homes, which derive their standing to sue from the disability of their residents, forego proving that their individual residents are substantially impaired and thereby disabled, even though their residents would have to make such a showing if they had brought the discrimination claims directly themselves? 2. The Americans with Disabilities Act and Fair Housing Act also define disability as “being regarded” as having a physical or mental impairment. Can public comments made to a governmental entity be used to show that the entity regarded individuals as disabled, even when the entity did not adopt or approve the particular comments? * Sutton v. United Air Lines, Inc., 527 U.S. 471, 483 (1999), superseded by statute on other grounds, ADA Amendments Act of 2008, Pub. L. No. 110-325, 122 Stat. 3553.

Docket Entries

2023-11-20
Petition DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-31
Reply of petitioner City of Costa Mesa, California filed. (Distributed)
2023-10-17
Brief of respondents SoCal Recovery, LLC, et al. in opposition filed.
2023-09-12
Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2023.
2023-09-11
Motion to extend the time to file a response from September 27, 2023 to October 18, 2023, submitted to The Clerk.
2023-08-28
Response Requested. (Due September 27, 2023)
2023-08-09
DISTRIBUTED for Conference of 9/26/2023.
2023-08-09
Brief amici curiae of City of Mission Viejo, et. al. filed. (Distributed)
2023-08-04
Waiver of right of respondent SoCal Recovery, LLC, and RAW Recovery, LLC to respond filed.
2023-07-21
2023-05-05
Application (22A971) granted by Justice Kagan extending the time to file until July 21, 2023.
2023-05-03
Application (22A971) to extend the time to file a petition for a writ of certiorari from May 24, 2023 to July 21, 2023, submitted to Justice Kagan.

Attorneys

City of Costa Mesa
Mary-Christine SungailaComplex Appellate Litigation Group LLP, Petitioner
Mary-Christine SungailaComplex Appellate Litigation Group LLP, Petitioner
City of Mission Viejo, et. al.
Norman Arthur DupontRing Bender LLP, Amicus
Norman Arthur DupontRing Bender LLP, Amicus
SoCal Recovery, LLC, and RAW Recovery, LLC
Elizabeth N. BrancartBrancart & Brancart, Respondent
Elizabeth N. BrancartBrancart & Brancart, Respondent