121702P.pdf   06/28/2013  Fred Keller, Jr.  v.  City of Fremont
   U.S. Court of Appeals Case No:  12-1702
                          and No:  12-1705
                          and No:  12-1708
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Loken, Author, with Bright and Colloton, Circuit Judges] 
   Civil Case - Immigration and Nationality Act; Fair Housing Act. In facial 
   challenge to Fremont, Nebraska ordinance, which limits providing rental 
   housing to "illegal aliens" and "unauthorized aliens", the district court 
   erred in concluding the provisions were preempted by the Immigration and 
   Nationality Act. Ordinance does not have impermissible effect of 
   "removing" a class of aliens from the city or intrude on the federally 
   occupied "fields" of alien removal or alien registration or 
   anti-harboring. As for conflict preemption, it would be speculative 
   whether the rental provisions conflict with removal provisions of federal 
   immigration law. In the Fair Housing Act claims, the district court did 
   not abuse its discretion in denying the Martinez Plaintiffs' motion to 
   correct their oversight in failing to plead a disparate impact claim. The 
   district court did not err in concluding Keller had standing as a landlord 
   to assert a FHA claim. The district court erred in concluding the 
   ordinance's rental provisions violated the FHA, as disparate impact claim 
   was based solely on the effect an otherwise lawful ordinance may have on a 
   subgroup of the unprotected class of aliens and does not violate the FHA. 
   District court's rejection of claims that ordinance violated state law is 
   affirmed. Judge Colloton concurs in the judgment on the FHA issue. Judge 
   Bright dissents on the preemption issue.