Keller, Jr., et al. v. City of Fremont, et al., No. 12-1702 (8th Cir. 2013)Annotate this Case
Plaintiffs filed these actions to enjoin enforcement of Ordinance No. 5165, which limited hiring and providing rental housing to "illegal aliens" and "unauthorized aliens," terms defined by the Ordinance. The district court severed and enjoined enforcement of certain rental provisions, concluding that they were preempted by the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and violated the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq. The court concluded, inter alia, that plaintiffs have failed to establish that any of the Ordinance's rental provisions were facially preempted by federal law; the district court did not abuse its discretion in denying the Martinez Plaintiffs' motion to correct their "oversight or omission" in failing to plead a distinct FHA claim; because one of the Keller Plaintiffs had Article III standing to assert an FHA disparate impact claim, the court had jurisdiction to consider the merits of the claim; on the merits, the Keller Plaintiffs could not identify "a viable alternative means" that would not have the same "discriminatory" effect and disparate impact on the portion of unlawfully presented aliens who are Latino and, therefore, this claim must be dismissed; and the Martinez Plaintiffs failed to prove their belated claims of actual conflict. Accordingly, the court reversed in part, affirmed in part, and remanded for further proceedings.