United States Seventh Circuit

In plaintiffs' Fair Housing Act (FHA) suit against their condo association for being required to remove a mezuzah from their doorpost under a new rule requiring that common hallways and outside of the doors be kept free of any objects, summary judgment in favor the condo association and its president is reversed for the most part where: 1) the judgment of the district court with respect to plaintiffs' claims under sections 3604(b), 3617 and 1982 is reversed as a trier of fact could conclude that the condo association's reinterpretation of the hallway rule and clearing of all objects from doorposts was intended to target only groups of residents for which the prohibited practice was religiously required; 2) plaintiffs can therefore proceed on an intentional discrimination theory under sections 3604(b), 3617 and 1982; and 3) district court's judgment granting summary judgment against the plaintiffs on their section 3604(a) claim is affirmed.

Appellate Information

• Argued 05/13/2009
• Decided 11/13/2009
• Published 11/13/2009

Judges

• TINDER, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER, POSNER, KANNE, WOOD, EVANS, SYKES, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• F. Willis Caruso, Attorney, James C. Whiteside, Attorney, John Marshall Law School Fair Housing Legal Clinic, Chicago, IL, Gary S. Feinerman, Attorney (argued), Sidley Austin, Chicago, IL, for Plaintiffs-Appellants., Stanley J. Adelman, Attorney, DLA Piper US LLP, Chicago, IL, for Decalogue Society of Lawyers, Amicus Curiae., April J. Anderson, Attorney, Steven H. Rosenbaum, Attorney (argued), Dept. of Justice Civil Rights Div., Appellate Section, Washington, DC, for United States of American, Amicus Curiae.


• For Appellees:
  
• David C. Hartwell, Attorney (argued), Penland & Hartwell, Chicago, IL, for Defendants-Appellees.