Friday, December 14, 2012

City of Cleburne v. Cleburne Living Center

 City of Cleburne v. Cleburne Living Center (1985)

The law differentiated mentally retarded people between other similarly situated groups (like nursing homes, homes for convalescents, sanitariums, etc.) and prevented them from living in group homes in a certain area. The city claims that it wants to protect the mentally retarded from group homes from harassment from junior high students and from the threat of floods.

The Court finds an EP violation – the other similarly situated groups are equally at risk of these harms and perhaps even more likely to be harmed than the mentally retarded. The Court found this law as an irrational prejudice against the mentally retarded. Although these interests could be found as valid, the court is more likely to step in because of the animus doctrine.

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