Wilkison v. City of Arapahoe

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The Supreme Court reversed the declaratory and injunction entered by the district court enjoining the City of Arapahoe, Nebraska from enforcing an ordinance against Brooke Wilkison to prohibit his retention of a pit bull at his home within the city limits, holding that Brooke failed to show that allowing him to retain the dog in his home was necessary. The district court's order determined that the city ordinance, if enforced against Brooke, would violate the federal Fair Housing Act (FHA), 42 U.S.C. 3601 to 3619, by permitting a discriminatory housing practice and precluding Brooke from mitigating the ill effects of his handicap by living with his emotional assistance animal. The Supreme Court reversed, holding (1) the district court did not err in holding that the FHA applies to the ordinance enacted by the city; but (2) Brooke failed to prove that an accommodation from the city's ban on certain breeds of dogs was essential to his equal enjoyment of his property. View "Wilkison v. City of Arapahoe" on Justia Law