Richard McGary v. City of Portland

Richard McGary brought this action against the City of Portland, alleging that the City discriminated against him on the basis of his disability, in violation of the Fair Housing Act, the Americans with Disabilities Act, and parallel state and local laws, when it denied his request for additional time to clean his yard in order to comply with the City’s nuisance abatement ordinance. The district court dismissed McGary’s complaint for failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). On appeal, we hold that McGary adequately pled that the City discriminated against him by failing to reasonably accommodate his disability under the relevant statutes. We therefore reverse the judgment of the district court and remand for further proceedings.

BACKGROUND

McGary, an individual with AIDS, owned and lived in a home in Portland, Oregon. McGary’s illness impaired his ability to perform major life functions, including the upkeep of his property. On January 26, 2000, an inspector from the City’s Office of Planning and Development Review (OPDR) inspected McGary’s home and determined that the amount of trash and debris in his yard…