NINTH CIRCUIT COURT OF APPEALS RULES AGAINST ROOMMATES.COM IN IMPORTANT INTERNET DISCRIMINATION CASE - APRIL 2008

In Fair Housing Council of San Fernando Valley v. Roommates.com, 08 C.D.O.S. 3857, the Ninth Circuit, in an 8-3 ruling, found that Roommates.com, an internet roommate matching site, did not warrant immunity under the Communication Decency Act. The ruling is an important dictate on how internet websites must handle outreach to customers in a group setting.

The Ninth Circuit, Chief Judge Alex Kozinski opinion, attempts to distinguish between discrimination liability for "passive" websites, and those that actively manage content and related interaction.

In particular, the majority opinion explains, because roommates.com not only requested gender and sexual preference information upon registration, but its matching service users used this information in the roommate selection process, roommates.com was in violation of federal housing discrimination laws.

Effectively, it is the nuanced difference between content and content control, that carried the Ninth Circuit 8-3 decision.

Here is one article on the Ninth Circuit decision (Law.com - 9th Circuit: No Immunity for Roommates.com), and Judge Alex Kozinski's majority opinion can be accessed within.