Chicago Lawyers' Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc.

Filing 41

Chicago Lawyers' Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc.

Doc. 41

Case 1:06-cv-00657

Document 41

Filed 09/29/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) )

CHICAGO LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, INC., Plaintiff, v. CRAIGSLIST, INC., Defendant.

CASE NO. 06 C 0657 Judge Amy J. St. Eve Magistrate Judge Jeffrey Cole

MOTION TO FILE NEW SUPPLEMENTAL AUTHORITY FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Plaintiff Chicago Lawyers' Committee for Civil Rights Under Law, Inc., by its attorneys, hereby moves this Court for leave to file the September 20, 2006 position statement of the United States Department of Housing and Urban Development ("HUD") on the central issue in this case: whether the Fair Housing Act applies to Internet publishers of discriminatory housing advertisements. In support of this Motion, Plaintiff states as follows: 1. Plaintiff is a public interest consortium of forty-five law firms which litigates

significant civil rights cases. Plaintiff has a Fair Housing Project which investigates housing discrimination, educates the public as to housing discrimination protections, and takes steps to enforce these protections. In February 2006, Plaintiff filed this case against craigslist under the Fair Housing Act, 42 U.S.C. § 3604, alleging that craigslist violated the Fair Housing Act by publishing numerous discriminatory housing advertisements on its website, advertisements that include statements like "no minorities," "African Americans and Arabians tend to clash with me

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so that won't work out," "Ladies please rent from me," "Requirements: Clean Godly Christian Male," and "No children." 2. In April 2006, craigslist moved for Judgment on the Pleadings, arguing that the

Communications Decency Act, 47 U.S.C. § 230, immunizes craigslist and other Internet publishers from liability under the Fair Housing Act. craigslist did not dispute that the Fair Housing Act imposes liability on publishers who publish discriminatory advertisements written by third parties, but argued that the Communications Decency Act immunizes Internet entities such as websites from Fair Housing Act liability. 3. In May 2006, Plaintiff filed its Memorandum in Opposition and argued, on page

3, footnote 1, that the United States Department of Housing and Urban Development, the federal agency charged with enforcing the Fair Housing Act, had suggested in numerous informal statements that the Fair Housing Act applied to publishers of discriminatory housing advertisements on the Internet. 4. Recently, on September 20, 2006, HUD made its position official, by publishing a

guidance for all regional offices, attached as Ex. A. In this statement, HUD writes that "[j]ust as the Department has found newspapers in violation of the Fair Housing Act for publishing discriminatory classifieds, the Department also has concluded that it is illegal for Web sites to publish discriminatory advertisements." As for the Communications Decency Act, HUD states, "HUD has concluded that the CDA does not make Web sites immune from liability under the Fair Housing Act or from liability under state and local laws that HUD has certified as substantially equivalent to the Fair Housing Act." 5. As the agency charged with enforcing the Fair Housing Act, HUD's position is

entitled to deference. "An agency's construction of a statute it is charged with enforcing is entitled to deference if it is reasonable and not in conflict with the expressed intent of Congress." 2
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Rapanos v. United States, 126 S.Ct. 2208, 2240 (2006) (quoting United States v. Riverside Bayview Homes, Inc., 474 U.S. 121, 131 (1985)); see generally Chevron U.S.A. Inc. v. National Resources Defense Council, Inc., 467 U.S. 837 (1984)). WHEREFORE, for the reasons stated above, Plaintiff Chicago Lawyers' Committee for Civil Rights Under Law, Inc., respectfully requests leave to file New Supplemental Authority from the United States Department of Housing and Urban Development. Respectfully submitted,

/s/ Stephen D. Libowsky Stephen D. Libowsky Wm. Bradford Reynolds Louis A. Crisostomo Howrey LLP 321 North Clark Street, Suite 3400 Chicago, Illinois 60610 [phone] Laurie Wardell Elyssa Balingit Winslow Chicago Lawyers' Committee for Civil Rights Under Law, Inc. 100 North LaSalle Street, Suite 600 Chicago, Illinois 60602 [phone] Attorneys for Plaintiff Chicago Lawyers' Committee for Civil Rights Under Law, Inc. Dated: September 29, 2006

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EXHIBIT A

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