Mississippi Rising Coalition v. City of Ocean Springs, No. 18-60473 (5th Cir. 2018)Annotate this Case
The Fifth Circuit affirmed the district court's order dismissing plaintiff's claims under the Fair Housing Act (FHA), challenging a resolution requiring the Mississippi state flag to be flown over city hall and other municipal buildings, based on lack of standing. The court held that plaintiffs, a non-profit organization and various residents of Ocean Springs, lacked Article III standing because exposure to the Mississippi state flag did not constitute an injury sufficient to confer standing for an equal protection claim. Furthermore, plaintiffs' allegations failed to establish statutory standing under the FHA as aggrieved persons because the only act that they alleged -- the City's resolution requiring the Mississippi state flag to be flown over public buildings -- was not a discriminatory housing practice. The court denied the City's motion for sanctions and costs against plaintiffs and their counsel.
The court issued a subsequent related opinion or order on December 4, 2018.