WISCONSIN COMMUNITY SERVICES v. CITY OF MILWAUKEE

No. 04-1966.

465 F.3d 737 (2006)

WISCONSIN COMMUNITY SERVICES, INC. and Wisconsin Correctional Foundation, Incorporated, Plaintiffs-Appellees, v. CITY OF MILWAUKEE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 26, 2006.


Attorney(s) appearing for the Case

Robert Theine Pledl (argued), Milwaukee, WI, for Plaintiffs-Appellees.

Jan A. Smokowicz (argued), Milwaukee City Attorney's Office, Milwaukee, WI, for Defendant-Appellant.

J. Damian Ortiz, John Marshall Law School Fair Housing Legal Support Center, Chicago, IL, for Amicus Curiae, John Marshall Law School Fair Housing Legal Support Center.

Gregory B. Friel, Dept. of Justice, Civil Rights Div., Washington, DC, for Amicus Curiae, U.S.

Before FLAUM, Chief Judge, and BAUER, POSNER, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, WOOD, EVANS and WILLIAMS, Circuit Judges.


RIPPLE, Circuit Judge.

Wisconsin Community Services ("WCS"),1 a provider of treatment to mentally ill patients, brought this action under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134, and section 504 of the Rehabilitation Act of 1973, id. § 794. The WCS sought an injunction ordering the City of Milwaukee ("the City") to issue a zoning permit that would allow it to move its mental...

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