United States Ninth Circuit

Partial denial of plaintiffs' motion for a preliminary injunction against defendants, the City of Boise, Idaho, its mayor, city council members, and two employees is affirmed in part, and reversed in part where: 1) the city's men-only policy implemented at a homeless shelter was facially discriminatory under the Fair Housing Act, and properly analyzed under the adopted framework, the discrimination was impermissible; and 2) the district court abused its discretion by determining that only a limited injunction was necessary to avoid an Establishment Clause violation with regards to a practice of requiring shelter residents to attend worship services.

Appellate Information

• Argued 06/07/2006
• Decided 11/09/2006
• Published 11/09/2006

Judges

• THOMPSON, Senior Circuit Judge:, Before: THOMPSON, TASHIMA, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Howard A. Belodoff, Boise, ID, for the plaintiffs-appellants., Brent D. Sokol, Los Angeles, CA, for amici curiae Anti-Defamation League and Americans United for Separation of Church and State.


• For Appellees:
  
• Phillip J. Collaer, Boise, ID, for the defendants-appellees.