212270P.pdf   07/27/2022  The School of the Ozarks, Inc.  v.  Joseph Biden, Jr.
   U.S. Court of Appeals Case No:  21-2270
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Colloton, Author, with Grasz and Kobes, Circuit Judges] 
   Civil case - Fair Housing Act. The School challenges a 2021 HUD regulation 
   forbidding discrimination because of sexual orientation and gender 
   identity; the School prohibits male and females who identify as the other 
   gender from living in a dormitory consistent with their claimed sexual 
   identity; the School brought this action alleging the regulation violated 
   the APA, the First Amendment, the Appointments Clause and the Religious 
   Freedom Restoration Act and seeking to enjoin its enforcement; the 
   district court dismissed for lack of standing. Held; the School has not 
   suffered an injury in fact because the regulation does nothing more than 
   direct the Office of Fair Housing and Equal Opportunity to accept and 
   investigate claims of sexual discrimination based on gender identity or 
   sexual orientation and it is speculative that the Office will file a 
   charge of discrimination against the School; the School's free-speech 
   theory of standing fails for essentially the same reasons - the School has 
   not shown that there is a credible threat that the defendants will enforce 
   the Fair Housing Act against the institution based on its 
   religiously-based housing policies; no facts were pleaded to support the 
   School's contentions that its speech was chilled; finally, even if the 
   School has suffered an injury in fact, it has failed to show that a 
   favorable judicial decision would redress its injury. Judge Grasz, 
   dissenting.