The Washington Lawyers’ Committee and the law firm of Troutman Sanders LLP have filed an amicus brief in Rodriguez v. Village Green Realty, Inc., pending before the U.S. Court of Appeals for the Second Circuit. The brief was filed on behalf of a number of amici: The Epilepsy Foundation, Autism National Committee, The State of Connecticut Office of Protection and Advocacy for Persons with Disabilities, National Council on Independent Living, Judge David L. Bazelon Center for Mental Health Law, Disability Rights Education & Defense Fund, National Disability Rights Network, and AARP.

The plaintiffs are parents to a child with epilepsy and a developmental disorder on the autism spectrum. The district court concluded as a matter of law that the child’s disabilities did not substantially limit her ability to learn, and that defendants’ discriminatory conduct, therefore, was not unlawful. In this brief, amici explain to the appellate court that the district court’s decision undermines the goals and purposes of the Fair Housing Act, especially its community integration mandate. Amici further discuss scientific and medical literature to explain why the plaintiffs’ child does have a disability under the FHA.

A copy of the amicus brief can be found here.