Walsh v. Friendship Vill. of S. Cnty.
Walsh v. Friendship Vill. of S. Cnty.
Opinion of the Court
MEMORANDUM AND ORDER
This matter is before the Court on Defendants Friendship Village of South County d/b/a Friendship Village Sunset Hills ("Friendship Village") and FV Services, Inc.'s Motion for Judgment on the Pleadings, filed October 19, 2018. (ECF No. 33). The motion is fully briefed and ready for disposition.
BACKGROUND
Plaintiffs Mary Walsh and Beverly Nance are a married couple
On July 25, 2016, Ms. Fronczak called Ms. Walsh and asked about the nature of her relationship with Ms. Nance. (Compl., ¶ 10). Ms. Walsh informed Ms. Fronczak that they were married. (Id. ). Ms. Fronczak called Ms. Walsh a second time on July 27, 2016, and informed her that Friendship Village's Cohabitation Policy did not permit Plaintiffs to share a single residency unit at Friendship Village. (Id. , ¶ 11 and Defendants' Answer thereto).
Ms. Walsh later received a letter dated July 29, 2016, from Mr. Michael Heselbarth, Corporate Operations Director of Friendship village, in which he stated in relevant part as follows: "Your request to share a single unit does not fall within the categories permitted by the long-standing policy of Friendship Village Sunset Hills, a copy of which is enclosed." (Compl., att. Exh. 1).
It is the policy of Friendship Village Sunset Hills, consistent with its long-standing practice of operating its facilities in accordance with biblical principles and sincerely-held religious standards, that it will permit the cohabitation of residents within a single unit only if those residents, while residing in said unit, are related as spouses by marriage, as parent and child or as siblings. The term "marriage" as used in this policy means the union of one man and one woman, as marriage is understood in the Bible....
This policy, which has applied to all new residents for many years, will continue to apply to all new residents.
(Id. , att. Exh. 2).
On or about October 25, 2016, Plaintiffs filed a housing discrimination complaint against Friendship Village with the U.S. Department of Housing and Urban Development ("HUD"), alleging unlawful discrimination on the basis of sex. (Compl., ¶ 60).
Plaintiffs filed their original Complaint in this matter on July 25, 2018, alleging discrimination on the basis of sex in violation of both the Fair Housing Act ("FHA") and the Missouri Human Rights Act. (ECF No. 1). In their Amended Complaint, filed October 5, 2018, Plaintiffs reassert only their FHA claim. (ECF No. 29). Specifically, Plaintiffs allege each Plaintiff was denied housing at Friendship Village "because of her own sex (female) and because of the sex of her spouse (female), since if either Plaintiff had been a man married to a woman, they would not have been denied housing. Furthermore, Defendants denied Plaintiffs housing because they do not conform to traditional sex stereotypes, including that a married woman should be in a different-sex relationship; that a married woman's spouse should be a man; and that women should be attracted to and form relationships with men, not women." (Id. , ¶ 76).
As stated above, Defendants filed the instant Motion for Judgment on the Pleadings on October 19, 2018, asserting Plaintiffs' claims must be dismissed for failure to state a claim upon which relief may be granted. (ECF No. 33).
STANDARD FOR MOTION FOR JUDGMENT ON THE PLEADINGS
In considering a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), the Court employs the same standard as when it reviews a motion to dismiss under Rule 12(b)(6). See Gallagher v. City of Clayton ,
DISCUSSION
The Fair Housing Act makes it unlawful to "refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin."
With respect to their first claim, Plaintiffs maintain that had Ms. Walsh been a man married to Ms. Nance (or vice versa), she would not have been denied housing at Friendship Village. Plaintiffs thus assert they have presented a straightforward case of sex discrimination under the FHA, as but for their sex, Plaintiffs would not have been denied housing at Friendship Village.
Upon consideration the Court rejects this analysis, finding instead that sexual orientation rather than sex lies at the heart of Plaintiffs' claims. For example, after noting that Ms. Walsh and Ms. Nance are lesbians, "[t]hat is, they are women whose primary emotional, romantic, and sexual attractions are to other women" (Compl., ¶ 32), Plaintiffs allege as follows: "Ms. Walsh and Ms. Nance could not believe that in 2016, as a married couple, they would experience such open discrimination in their community. Earlier in their careers, Ms. Walsh and Ms. Nance had been afraid to reveal their relationship with each other or their sexual orientation at work, because they were worried they would lose their jobs. But after retiring and getting legally married, they thought they were living in a new time of increased acceptance." (Id. , ¶ 52). See also
The Eighth Circuit has squarely held that "Title VII does not prohibit discrimination against homosexuals."
Plaintiffs next assert they was treated less favorably because of their association with a person of a particular sex, i.e. , their same-sex spouse. Specifically, Plaintiffs allege as follows: "If Ms. Walsh were a man seeking housing with Ms. Nance, a woman, Friendship Village would not have denied them admission. Likewise, if Ms. Walsh's spouse, Ms. Nance, were a man, Friendship Village would not have denied the couple housing. In other words, *927but for the sex of each Plaintiff and/or the sex of her spouse, the couple would have been able to obtain housing at Friendship Village." (Compl., ¶ 67). While the Court agrees that claims of associational discrimination are cognizable at times, Plaintiffs present no evidence that such claims are actionable with respect to classes unprotected by the statute at issue. As noted above, sexual orientation is one such unprotected class, and so this portion of Defendants' motion must be granted.
Finally, Plaintiffs maintains they was treated less favorably on the basis of their nonconformity with sex stereotypes, "including that a married woman should be in a different-sex relationship; that a married woman's spouse should be a man; and that women should be attracted to and form relationships with men, not women." (Compl., ¶ 68). Courts have recognized that "[g]ender stereotyping can violate Title VII when it influences employment decisions." Hunter v. United Parcel Serv., Inc. ,
Courts have acknowledged the difficulty in drawing a line between sex stereotypes and notions of heterosexuality and homosexuality. Nevertheless, most courts determine the distinction is necessary to adhere to binding precedent that sexual orientation is not a protected characteristic under Title VII.
Upon consideration the Court finds that, as in Pambianchi , this Court "need not struggle with exactly where to draw the line between actionable discrimination based on what is alleged to be gender non-conforming behavior and non-actionable discrimination based on sexual orientation."
Based on the foregoing, Defendants' Motion for Judgment on the Pleadings will be granted.
CONCLUSION
Accordingly,
IT IS HEREBY ORDERED that Defendants' Motion for Judgment on the Pleadings (ECF No. 33) is GRANTED , and Plaintiffs' Amended Complaint is DISMISSED . An appropriate Judgment will accompany this Memorandum and Order.
Ms. Walsh and Ms. Nance legally married in Massachusetts on July 30, 2009. (Compl., ¶ 32).
FV Services is the sole member of Friendship Village, and since July 1, 2017, FV Services has managed Friendship Village and Friendship Village Chesterfield. (Defendants' Answer to Plaintiffs' Amended Complaint, ¶ 5). According to Defendants, FV Services did not exist prior to March, 2017. (Id. ).
According to Defendants, Plaintiffs' check was never cashed and was promptly returned by Friendship Village. (Defendants' Answer, ¶ 45).
"It is well-settled that when considering a motion for judgment on the pleadings, the court generally must ignore materials outside the pleadings, but may consider some materials that are part of the public record or do not contradict the complaint, as well as materials that are necessarily embraced by the pleadings." Kaenel v. Armstrong Teasdale, LLP ,
According to Defendants, Plaintiffs' complaint was dually filed with the Missouri Commission on Human Rights ("MCHR"), and alleged discriminatory refusal to rent on the bases of sex and religion. (Defendants' Answer, ¶ 60).
Defendants maintain the MCHR waived the case back to HUD because it lacked jurisdiction over the type of discrimination alleged in the complaint. (Defendants' Answer, ¶ 61).
According to Defendants, prior to withdrawing their complaint, Plaintiffs amended the complaint to add claims of "discriminatory advertising, statements and notices" and "discriminatory terms, conditions, privileges, or services and facilities". (Defendants' Answer, ¶ 62).
"Disparate-treatment claims under the FHA are tested under the same framework as Title VII disparate-treatment claims, the question being whether Defendant treated Plaintiffs less favorably than other[s] based on their race, color, religion, sex or national origin." Metropolitan St. Louis Equal Housing and Opportunity Council v. City of Maplewood, Mo. ,
The Court notes that both Zarda and Hively were decisions handed down by the respective Courts of Appeals sitting en banc, and reversing earlier decisions by the district courts and circuit panels that followed circuit precedent.
Upon consideration, the Court finds its rulings apply with equal force to Plaintiffs' claims under
In light of the above ruling, the Court need not consider Defendants' assertion that Plaintiffs fail to state any claims against Defendant FV Services.
Reference
- Full Case Name
- Mary WALSH and Beverly Nance v. FRIENDSHIP VILLAGE OF SOUTH COUNTY d/b/a Friendship Village Sunset Hills and FV Services, Inc.
- Status
- Published