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DEMIRAGH v. DeVOS

No. 431, Docket 72-1421.

476 F.2d 403 (1973)

Hussein DEMIRAGH, on behalf of himself and all others similarly situated, Plaintiff-Appellee, and Mildred Freeland, Intervening Plaintiff-Appellee, v. Joseph DeVOS, Director of Welfare, City of Stamford, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 10, 1973.

Attorney(s) appearing for the Case

Ronand M. Schwartz, Asst. Corporation Counsel (J. Robert Bromley, Corporation Counsel, Stamford, Conn., of counsel), for defendant-appellant.

Roger E. Koontz, Stamford, Conn., for plaintiff-appellee and intervening plaintiff-appellee.

Before FRIENDLY, Chief Judge, OAKES, Circuit Judge, and DAVIS, Judge.

OAKES, Circuit Judge:

The City of Stamford, Connecticut, appeals from a judgment of District Judge Clarie declaring Municipal Ordinance 219 unconstitutional on its face, as in violation of the equal protection clause. The ordinance's title states its purpose:

DECLARING IT A HEALTH HAZARD WHEN VACANCY RATE IN HOUSING FALLS BELOW 2% AND THAT ANY PERSON BECOMING A STAMFORD RESIDENT DURING THIS TIME SHALL NOT BE ELIGIBLE FOR WELFARE BENEFITS,

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