Wisconsin Community Services v. City of Milwaukee
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Summary

In this 2006 case the Seventh Circuit held that municipal special‑use permits cannot discriminate against mental‑health/addiction treatment centers without reasonable accommodation under ADA/FHA/RA.

2006 | Federal Juristiction

Wisconsin Community Services v. City of Milwaukee

Keywords Seventh Circuit; municipal special-use permits; discrimination; mental health treatment centers; addiction treatment centers; reasonable accommodation; ADA; FHA; RA
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Summary

In 2006, a significant legal decision was issued by the United States Court of Appeals for the Seventh Circuit. This ruling addressed how local governments, referred to as municipalities, manage their zoning processes, specifically concerning special-use permits. These permits are typically required for certain types of facilities or businesses that operate within a community.

The court's determination was that such municipal special-use permits cannot be used to unfairly disadvantage or discriminate against facilities that provide treatment for mental health conditions or addiction. According to the court, any permit conditions or denials that treat these treatment centers differently due to the nature of their services would be unlawful.

Furthermore, the ruling emphasized that local governments must provide "reasonable accommodation" to these centers. This requirement stems from several federal laws designed to protect individuals with disabilities, including the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and the Rehabilitation Act (RA). Since mental health conditions and addiction are recognized as disabilities under these statutes, the court affirmed that the facilities serving these populations are entitled to protections against discriminatory permitting practices and may require adjustments to standard rules to ensure equal access.

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Summary

In a 2006 legal decision, the Seventh Circuit Court of Appeals ruled that local government special-use permits cannot be used to discriminate against facilities for mental health and addiction treatment. These centers must receive reasonable accommodation in accordance with federal laws, specifically the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and the Rehabilitation Act (RA).

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Summary

In a 2006 case, the Seventh Circuit Court ruled that local special-use permits cannot discriminate against facilities for mental health or addiction treatment. These facilities must receive reasonable accommodations under federal laws, including the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and the Rehabilitation Act (RA).

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Summary

A court case from 2006 made an important decision. The court said that cities cannot use their special permits to treat mental health or addiction centers unfairly. Cities must make fair changes for these centers if needed. This rule comes from laws that protect people with disabilities, such as the ADA, FHA, and RA.

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Footnotes and Citation

Cite

465 F.3d 737 (2006)

Highlights