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.https://leagle.com/images/logo.png
Submitted: December 13, 2012.
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.
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.
United States Court of Appeals, Eighth Circuit.
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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