The Fourth Circuit issued a published decision today affirming the district court’s dismissal of all claims in A Society Without a Name, For People Without a Home, Millennium Future-Present v. Virginia. The case, also known as ASWAN v. Virginia, involves challenges to various steps taken by Virginia Commonwealth University and the City of Richmond to relocate services for the homeless away from downtown Richmond.
The panel ruling was divided along a couple of dimensions. Judge Gilman (senior Sixth Circuit judge sitting by designation) wrote the lead opinion affirming the district court’s dismissal of all claims. Judge Motz wrote a separate opinion concurring in Judge Gilman’s opinion except with respect to analysis of the Society’s ADA claim against VCU (which Judge Motz would have allowed to proceed). Judge Wynn wrote a separate opinion concurring in Judge Gilman’s opinion except with respect to analysis of whether various claims were barred by the statute of limitations (the majority said yes and Judge Wynn said no).