Defense Ruling Upheld by Appellate Court in Discrimination Case

April 14, 2011

Joseph Fox successfully argued a disability discrimination case before the United States District Court and the Ninth Circuit Court of Appeal. The suit arose from a denied request to install an above-ground trampoline in the plaintiff’s place of residence. The plaintiff sued the owners and managers of the El Camino 76 Mobil Home Park for denying the request, claiming it as an “accommodation” under the Fair Housing Act Amendments. During the initial bench trial, the plaintiff argued that the trampoline was necessary for his autistic daughter to have an equal opportunity to enjoy their dwelling. Judge Jeffrey Miller found against the plaintiff on the grounds that a trampoline is too dangerous to be a reasonable accommodation and that the plaintiff failed to prove it necessary for the treatment of his daughter’s autism-related behaviors. The plaintiff appealed the decision, but the justices held that there was no clear error in the district court’s ruling, upholding the judgment for the defense.