This issue of LULR examines. (Slants and Trends).(handicap discrimination)(Brief Article)
Land Use Law Report, June, 2002
THE ISSUE OF LULR EXAMINES some interesting aspects of handicap discrimination as it is still practiced by some municipalities. First, in a ruling that should be no surprise except that it came from a federal appeals court not known for its liberal bent, the 6th U.S. Circuit Court of Appeals held a campaign by the city of Covington, Ky., to keep out a methadone clinic violated the Americans with Disabilities Act. The court borrowed heavily from the reasoning of the 2nd Circuit in Innovative Health Systems, Inc. v. City of White Plains, 117 F.3d 37, to conclude the drug clinic had standing to claim discrimination on the basis of its association with persons who were perceived to be handicapped, and discriminated against on that basis.
It would seem self-evident...
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