A Country Place Loses Lawsuit against Women’s swim hours, read the fake news on the story

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Background story

About 2-3 years ago, a lawsuit was filed by residents of a country place. A country place has 376 units and is a 55+ community. Marie Curto, who wanted to swim together with her family, and Diana and Steve Lusardi, a couple who wished to swim together because Diana Lusardi suffered disabilities after a stroke. They both filed suit under the FHA demanding the association change their rules.

A country place pool hours were scheduled to allow Men to have most of the evening time and Women most of the morning hours. But working Women who got home in the evening had a tough time.

(It seems a bit strange however that numbers weren’t taken into account. Meaning, if 80% of Women there don’t work and Morning swim hours work perfect for them, perhaps the HOA can determine the best hours for the community at large.)

The suit was originally filed in state court in 2016 but was later removed to federal court.

Today’s ruling

The U.S. Court of Appeals for the Third Circuit has ruled against ‘a county place’ Condominium association. The court ruled their swimming schedule, which had separate swimming, is discriminating against women in violation of the Fair Housing Act (FHA).

The swimming schedule provided 31.75 hours per week designated as “men’s swim,” 34.25 hours for “women’s swim,” and 25 hours for people of all genders.

However, the Court found the Women’s hours to be at less favorable times to working Women thus rendering it discriminatory.

(It sounds a bit strange – if 80% of Women wanted these hours, how is it discriminatory! At least ask what most Women wanted…)

Previously a U.S. District Court judge ruled that having separate swim hours for was not discriminatory because it applied to both genders equally. It’s really simple! But this panel overturned that ruling and apparently feels this is discrimination.

The appeals court determined that the condominium association for A Country Place violated the FHA because the schedule was “plainly unequal in its allotment of favorable swimming times, Women with regular-hour jobs thus have little access to the pool during the work week, and the schedule appears to reflect particular assumptions about the roles of men and women,” Judge Thomas Ambro wrote.

“Religion was not brought up and was not a topic of discussion in this case. It was all about giving men better hours than women – for working women.  Of course, many fake news outlets make this about separate swimming ‘segregated,’ and consider it a ruling against Orthodox Jews, which of course it wasn’t. It was simply about not giving working women good swimming hours, which the court found to be discriminatory against Women”

GL analysis

A country place condominium association will likely have to pay the legal fees incurred by this case.

9 COMMENTS

  1. Very misleading headline. The only organization the lost was the entity managing the complex. Hod they not buckled to religious wants of some residents this whole thing would be a non issue. Some people need to remember this is the USA not some third world country.

  2. What reason is there for separate gender swimming anywhere in the United States, then? It’s unheard of in every other normal society except maybe Saudi Arabia.

  3. Bugs
    April 23, 2019 at 12:34 pm

    What reason is there for separate gender swimming anywhere in the United States, then? It’s unheard of in every other normal society except maybe Saudi Arabia.
    ————————————
    Take off your blinders.
    Many women , if they had a choice would want womens only swimming, nothing to do with religion!

  4. TO all the ones that are law abiding , an HOA can make a vote and based on the vote set a side segregated swimming hours. IT is the USA and if homeowners request separate swimming for any reason its their own business and not government business to get involved. There are women work out world only for women and there are separate basket ball teams for men and women .
    The bottom line for all those that complain here is that you don’t have any respect or room in our hearts for those that are not like your beliefs and that is DISCRIMINATING. AND AGAINST THE LAW
    the judge just ruled on the case( the defense didn’t mention the vote of the hoa or most members are orthodox jews as the HOA kept religion out of this case) and maybe there should be b 2.5 more hours a week to accommodate working women but most of the women in this community are older and do not work. So the HOA set aside time based on usage and request from the home owners. In reality the HOA gave more hours to the working women based on theor vote and request from their homeowners.
    so i don’t see how this was discriminatory to working women according to the FHA Guidelines

    why should there not be separate swimming to accommodate all members and their beliefs or feelings . It could be jewish , indian, muslim ,christian or an atheist . IT DOESN’T MAKE A DIFFERENCE !!!!

    PS the initial people who made the fuss MOVED OUT . if they were for real and not ANTI EVERYONE ELSE NOT LIKE THEM they would have stayed

  5. The people that made the fuss have NOT moved out. Get your facts straight. A man wants to take his wife to a pool in which they pay monthly fees for, but CAN’T, because the majority of the people living in the community are Orthodox and have strict modesty laws about swimming together. The board (ALL Orthodox) voted to make swimming hours which suited the Orthodox members of the community ( Men only and women only). What about the non Orthodox woman who works full time and can only swim in the evening after working all day. She can’t because it’s Men Only in the evening. That is discrimination. The only say so that matters is that of the Federal Courts, so apparently it makes a difference huh!

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