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CITY OF EDMONDS v. WASHINGTON STATE BLDG. CODE COUNCIL

Nos. 92-36640, 92-36735.

18 F.3d 802 (1994)

CITY OF EDMONDS, a municipal corporation, Plaintiff-Appellee, v. WASHINGTON STATE BUILDING CODE COUNCIL, Defendant, and Oxford House, Inc., a Delaware corporation; Oxford House-Edmonds, an unincorporated association, and Herb Hamilton, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellant, v. CITY OF EDMONDS, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 14, 1994.

Attorney(s) appearing for the Case

Rebecca K. Troth (argued) James P. Turner, Acting Assistant Attorney General for Civil Rights, David K. Flynn and Irving Gornstein, United States Department of Justice, Washington, D.C., were on the brief for the United States.

Robert I. Heller, Douglas H. Fleming, Riddell, Williams, Bullitt & Walkinshaw, Seattle, Washington, for the defendants-appellants.

W. Scott Snyder, Ogden, Murphy & Wallace, Seattle, Washington, for the plaintiff-appellee-defendant-appellee.

Before: WRIGHT, CANBY, Jr., and NELSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Group homes of more than five unrelated recovering alcoholics and drug addicts are effectively excluded from single-family residential zones in Edmonds, Washington. We ask whether the Fair Housing Amendments Act of 1988 (FHAA) exempts Edmonds' zoning ordinance from the statute's prohibition against discrimination based on handicap. The district court held that an exemption in the FHAA for occupancy restrictions applied. It relied on...

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