KELLER v. CITY OF FREMONT

Nos. 12-1702, 12-1705, 12-1708.

719 F.3d 931 (2013)

Fred H. KELLER, Jr.; Juan Doe; Juana Doe #2, Plaintiffs-Appellants/Cross Appellees v. CITY OF FREMONT; Dale Shotkoski, in his Official Capacity; Timothy Mullen, in his Official Capacity, Defendants-Appellees/Cross Appellants. Mario Martinez, Jr.; Martin Mercado; Paula Mercado; Jane Doe; Maria Roe; Steven Dahl; ACLU Nebraska Foundation; United Food and Commercial Workers Union, Local 22; Blake Harper, Plaintiffs-Appellants/Cross Appellees v. City of Fremont; Dale Shotkoski, in his Official Capacity as Fremont City Attorney; Timothy Mullen, in his Official Capacity as Fremont Chief of Police, Defendants-Appellees/Cross Appellants American Unity Legal Defense Fund; Eagle Forum Education and Legal Defense Fund, Amici on Behalf of Appellees/Cross Appellants National Council of La Raza, Inc.; Justice for our Neighbors-Nebraska; National Fair Housing Alliance; The Major Cities Chiefs Association; The National Latino Peace Officers Association; United States of America; Fair Housing Center of Nebraska-Iowa; Apartment Association of Greater Omaha and Lincoln; Nebraska Appleseed Center for Law in the Public Interest; National Apartment Association, Amici on Behalf of Appellants/Cross Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 28, 2013.


Attorney(s) appearing for the Case

Alonzo Rivas , argued, Chicago, IL, for appellant/cross-appellees in 12-1702 and 12-1708.

Jennifer C. Newell , argued, San Francisco, CA, for appellant/cross-appellees in 12-1705 and 12-1708.

Aaron Siebert-Llera , on the brief, Chicago, IL, for appellant/cross appellee in 12-1702 and 12-1708.

Alan E. Peterson , Michelle L. Sitorius , Terry R. Wittier , Amy Miller , on the brief, Lincoln, NE, Esha Bhandari , New York, NY, for appellant/cross appellee in 12-1705 and 12-1708.

Kris William Kobach , argued, Kansas City, KS, Garrett Robert Roe , on the brief, Washington, DC, for appellee/cross-appellants in 12-1702, 12-1705 and 12-1708.

Mark B. Stern , argued, Holly A. Thomas , Mark Lenard Gross , Beth S. Brinkmann , Michael P. Abate , Benjamin M. Shultz , Daniel Tenny , and Jeffrey Eric Sandberg , on the brief, Washington, DC, for Amicus United States of America on behalf of the appellant/cross-appellees.

John J. McDermott , on the brief, Arlington, VA, for Apartment Association of Greater Omaha and Lincoln and National Apartment Association.

Rebecca Gould , on the brief, Lincoln, NE, for Nebraska Appleseed Center for Law in the Public Interest.

Lawrence John Joseph , on the brief, Washington, DC, for Eagle Forum Education and Legal Defense Fund.

Charles Shane Ellison , on the brief, Omaha, NE, for Justice for our Neighbors-Nebraska.

Mark David McPherson , Shiri Bilik Wolf , on the brief, New York, NY, for The Major Cities Chiefs Association and The National Latino Peace Officers Association.

Barnaby W. Zall , on the brief, Rockville, MD, Edith D. Hakola , on the brief, Warrenton, VA, for The American Unity Legal Defense Fund.

Stephen M. Dane , on the brief, Washington, DC, for National Fair Housing Alliance, Fair Housing Center of Nebraska-Iowa and National Council of La Raza, Inc.

Before LOKEN, BRIGHT, and COLLOTON, Circuit Judges.


LOKEN, Circuit Judge.

In June 2010, voters in Fremont, Nebraska, adopted Ordinance No. 5165, which limits hiring and providing rental housing to "illegal aliens" and "unauthorized aliens," terms defined in the Ordinance. Two groups of landlords, tenants, and employers (collectively, "Plaintiffs," and separately, "the Keller Plaintiffs" and "the Martinez Plaintiffs") filed these actions in federal court to enjoin enforcement, contending that the Ordinance, on its face...

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