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OXFORD HOUSE-C v. CITY OF ST. LOUIS

Nos. 94-1600, 94-3073.

77 F.3d 249 (1996)

OXFORD HOUSE-C, an unincorporated association; Oxford House, Inc., a Delaware not-for-profit corporation; Oxford House-W, an unincorporated association; Missouri Department of Mental Health, Division of Alcohol & Drug Abuse; Missouri Department of Mental Health, Plaintiffs-Appellees, v. CITY OF ST. LOUIS, a Body Corporate, Defendant-Appellant. Missouri Municipal League; City of Columbia, Missouri; City of Clayton, Missouri; The National Fair Housing Alliance; The Judge David L. Bazelon Center for Mental Health Law; United States of America; American Civil Liberties Union, of Eastern Missouri, Amicus Curiae. OXFORD HOUSE-C, an unincorporated association; Oxford House, Inc., a Delaware not-for-profit corporation; Oxford House-W, an unincorporated association; Missouri Department of Mental Health, Division of Alcohol & Drug Abuse; Missouri Department of Mental Health, Plaintiffs-Appellees, v. CITY OF ST. LOUIS, a Body Corporate, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1996.

Attorney(s) appearing for the Case

James J. Wilson, St. Louis, Missouri, argued (Ronnie L. White, City Counselor, Julian L. Bush, Asso. City Counselor and Michael A. Garvin, Asst. City Counselor, on the brief), for appellant.

Ann B. Lever, St. Louis, Missouri, argued (Susan A. Alverson and Herbert A. Eastman, St. Louis, Missouri, and Barbara J. Wood and Jeremiah W. (Jay) Nixon, Attorney General of Missouri, Jefferson City, Missouri, on the brief), for appellees.

Marie K. McElderry, Washington, DC, argued (Edward L. Dowd, Jr., United States Attorney, Deval L. Patrick and David K. Flynn, Washington, DC, on the brief), for amicus curiae.

Before FAGG, HENLEY, and HANSEN, Circuit Judges.

FAGG, Circuit Judge.

In this handicap discrimination case, we consider whether the City of St. Louis violated the Federal Fair Housing Act and Rehabilitation Act by enforcing the City's zoning code to limit the number of residents in two group homes for recovering substance abusers. We conclude the City acted lawfully.

Oxford House-C and Oxford House-W are self-supporting, self-governing group homes for recovering alcoholics and drug addicts in the City of...

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