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  • United States Court of Appeals For The Eighth Circuit: Order

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    Ricca Prasad
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    The School of the Ozarks appealed a district court ruling that dismissed their lawsuit against government officials for lack of standing. The school sought to enjoin enforcement of a HUD memorandum regarding the Fair Housing Act. In denying the school's request for an injunction pending appeal, the appellate court noted that the school has Title IX exemptions for its housing policies, HUD has never filed discrimination charges against a school with such exemptions, and the memorandum does not require changes to the school's behavior or risk penalties. The extraordinary remedy of an injunction was not warranted based on the information provided.

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    21-2270 order

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    21-2270 order

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    The School of the Ozarks appealed a district court ruling that dismissed their lawsuit against government officials for lack of standing. The school sought to enjoin enforcement of a HUD memorandum regarding the Fair Housing Act. In denying the school's request for an injunction pending appeal, the appellate court noted that the school has Title IX exemptions for its housing policies, HUD has never filed discrimination charges against a school with such exemptions, and the memorandum does not require changes to the school's behavior or risk penalties. The extraordinary remedy of an injunction was not warranted based on the information provided.

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    39 views2 pages

    United States Court of Appeals For The Eighth Circuit: Order

    Uploaded by

    Ricca Prasad
    The School of the Ozarks appealed a district court ruling that dismissed their lawsuit against government officials for lack of standing. The school sought to enjoin enforcement of a HUD memorandum regarding the Fair Housing Act. In denying the school's request for an injunction pending appeal, the appellate court noted that the school has Title IX exemptions for its housing policies, HUD has never filed discrimination charges against a school with such exemptions, and the memorandum does not require changes to the school's behavior or risk penalties. The extraordinary remedy of an injunction was not warranted based on the information provided.

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    © All Rights Reserved
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    of 2

    UNITED STATES COURT OF APPEALS

    FOR THE EIGHTH CIRCUIT

    No: 21-2270

    The School of the Ozarks, Inc.

    Appellant

    v.

    Joseph R. Biden, Jr., in his official capacity as President of the United States, et al.

    Appellees

    ________________________________________________________________________

    Appeal from U.S. District Court for the Western District of Missouri - Springfield
    (6:21-cv-03089-RK)
    ________________________________________________________________________

    ORDER

    The appellant, The School of the Ozarks, moves for an injunction

    pending appeal. The School argues that this court should enjoin a

    memorandum issued on February 11, 2021, by an acting assistant secretary

    of the United States Department of Housing and Urban Development

    regarding enforcement of the Fair Housing Act. They also ask the court to

    prohibit various government officials from taking any action to enforce or

    investigate an alleged or actual violation of requirements of the

    memorandum.

    The district court ruled that the School lacks Article III standing to

    sue and dismissed the action. The district court did not reach the merits of

    the dispute.

    Appellate Case: 21-2270 Page: 1 Date Filed: 07/09/2021 Entry ID: 5053380
    In response to the motion, the government recites that the School “has

    an exemption under Title IX, including for its housing policies . . ., and HUD

    has never filed a charge of discrimination under the FHA against a college

    for a housing practice or policy that was specifically exempted by the

    Department of Education or Title IX.” The government further states that

    “the Memorandum does not require plaintiff or other religious colleges to

    change their behavior or choose between abandoning their housing policies

    or ‘risk[ing] crippling government penalties.’”

    The court concludes at this juncture that the extraordinary remedy of

    an injunction pending appeal is not warranted. The motion has been

    considered by the court and is denied.

    July 09, 2021

    Order Entered at the Direction of the Court:


    Clerk, U.S. Court of Appeals, Eighth Circuit.
    ____________________________________
    /s/ Michael E. Gans

    Appellate Case: 21-2270 Page: 2 Date Filed: 07/09/2021 Entry ID: 5053380

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