The City of Cuyahoga Falls (Cuyahoga) (defendant) called for an unprecedented referendum on a site-plan ordinance for low-income housing after local residents opposed the ordinance. The local opposition included complaints about the kind of element that would move there, assumptions that the likelihood of crime would increase, comparisons to busing, and complaints about the likely increased presence of children. The local mayor, in his opposition, referred to an article titled “Stuck in the Ghetto.” The denial of low-income housing disproportionately impacted black persons. In a related state proceeding, the Supreme Court of Ohio found that Cuyahoga’s use of the referendum violated the Ohio constitution. Buckeye Community Hope Foundation (Buckeye) and other parties (plaintiffs) sued Cuyahoga for racial discrimination under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq.. The district court granted summary judgment for Cuyahoga, and the plaintiffs appealed.