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Friday, December 23, 2005

Ind. Decisions - 7th Circuit upholds prohibition against pigeons coming home to Chicago to roost

In Greater Chicago Combine and Center Inc (GCCC) v. City of Chicago, a 13-page opinion that must have been posted late yesterday, former Indiana State Senator and long-time 7th Circuit Judge Daniel Manion writes:

The City of Chicago enacted an ordinance that prohibited the keeping of pigeons in most residential areas of the city. An organization of homing pigeon keepers, known as the Greater Chicago Combine and Center, Inc., sued the city claiming that the ordinance violated the Fourteenth Amendment of the United States Constitution. The district court granted the city summary judgment. We affirm. * * *

We are not unsympathetic to the GCCC members affected by this restriction on how they use their property. At the same time, we understand the concerns of their neighbors. Balancing these competing interests, however, is not our role. Under the governing rational basis standard of review, federal courts do not review the wisdom or desirability of fairly debatable legislative choices. See Heller v. Doe, 509 U.S. 312, 319 (1993); Euclid, 272 U.S. at 388. Accordingly, GCCC is not entitled to relief on its substantive due process or equal protection claim. The judgment of the district court is AFFIRMED.

Posted by Marcia Oddi on December 23, 2005 10:37 AM
Posted to Ind. (7th Cir.) Decisions