White

White v. Lee

Caution
2000 Daily Journal DAR 10557·227 F.3d 1214·2000 WL 1407125·2000 Cal. Daily Op. Serv. 7958·2000 U.S. App. LEXIS 23778
United States Court of Appeals for the Ninth CircuitSeptember 27, 2000Nos. 99-15098, 99-15109 and 99-16033California14,800 words

Opinion

Lead Opinion

Reinhardt, J.

This case involves the Fair Housing Act, 42 U.S.C. § 3601-3681 , and the First Amendment. On November 1, 1993 a housing rights advocacy group filed an administrative complaint with an office of the U.S. Department of Housing and Urban Development (HUD) in San Francisco. The complaint alleged that three neighbors in Berkeley opposed the conversion of a motel into a multi-family housing unit because they believed that the project would bring people into the neighborhood who were mentally disabled or disabled through substance abuse. Upon receiving the complaint, the San Francisco HUD office initiated an eight-month investigation into the neighbors’ activities and beliefs. During the course of its investigation, HUD officials questioned the neighbors under threat of subpoena about their views and public statements regarding the challenged project; directed them to produce an array of documents and information, including all involved parties’ names, addresses, and telephone numbers and all correspondence or other documents relating to their efforts in opposition to the project; informed them and a major metropolitan newspaper that they had violated the Fair Housing Act; and advised…

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