Weinstein v. Cherry Oaks Retirement Community

Cherry Oaks Retirement Community (Cherry Oaks) (defendant) was a licensed personal-care boarding home for seniors struggling to live independently but not dependent on full-time care. A Denver regulation required that residents in such homes be able to move freely or transfer from a wheelchair or walker without assistance. When Miriam and Hyman Weinstein moved into Cherry Oaks, Hyman used a wheelchair but could transfer to a chair unassisted. He could therefore comply with Cherry Oaks’ policy requiring residents to transfer to ordinary chairs when eating in the communal dining room. However, within a few months, Hyman’s health deteriorated, and transferring to a chair became painful. Cherry Oaks briefly allowed Hyman to eat in his wheelchair. However, Cherry Oaks stopped that practice and instead provided staff to help Hyman make the mealtime transfers. Cherry Oaks explained that allowing Hyman to eat in his wheelchair looked bad, would encourage others to request similar treatment, and violated the fire code and state and local regulations. At no point did Cherry Oaks mention that an inability to independently transfer from the wheelchair was a basis for ineligibility to live in the facility. The Weinsteins ultimately took their meals in their apartment rather than going to the dining room. When their lease ended, the Weinsteins left Cherry Oaks. They filed a complaint with the Colorado Civil Rights Commission (commission), alleging that Cherry Oaks’ policy and refusal to make an exception constituted a discriminatory and unfair housing practice based on Hyman’s disability. Upon Hyman’s death, his estate (plaintiff) joined the complaint. The commission issued a final decision in the Weinsteins’ favor. Cherry Oaks appealed.