United States v. Freer
United States District Court for the Western District of New York
864 F. Supp. 324 (1994)
- Written by Alexander Hager-DeMyer, JD
Facts
Ann Soper (plaintiff) was a disabled resident of a trailer park owned by Jack and Beverly Freer (defendants). Soper used a wheelchair for mobility and had to climb five steps to enter her trailer, requiring Soper to be carried or assisted by another person. Soper requested permission to pay for a wheelchair ramp to be installed that would wrap around the front and side of her trailer. The Freers denied Soper’s request, stating that the proposed configuration would inhibit trailer removal and would shorten Soper’s driveway to the point that parked cars would obstruct the trailer park’s access road. However, Soper’s ramp was able to be disassembled in three hours, and photos of the property cast doubt that Soper’s ramp design would have impeded traffic on the access road. Regardless, the Freers instead proposed an alternate wheelchair ramp, but Soper refused the alternate plan due to its significantly steeper incline. Soper was eventually injured during an attempt to enter her home. The United States government (government) (plaintiff) filed suit against the Freers on behalf of Soper. The government claimed that by refusing the wheelchair-ramp proposal, the Freers failed to make a reasonable accommodation for Soper’s disability in violation of the Fair Housing Act (FHA). The government sought a preliminary injunction to compel the Freers to approve Soper’s ramp request.
Rule of Law
Issue
Holding and Reasoning (Telesca, C.J.)
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