Case: McCrory v. United States

5:16-cv-00238 | U.S. District Court for the Eastern District of North Carolina

Filed Date: May 9, 2016

Closed Date: Sept. 16, 2016

Clearinghouse coding complete

Case Summary

This is one of several federal lawsuits addressing North Carolina Session Law 2016-3, House Bill 2 (HB2), which was passed on March 23, 2016. For the others, see the case collection.On May 9, 2016, North Carolina Governor Patrick McCrory and the Secretary of the North Carolina Department of Public Safety, filed this complaint in the Eastern District of North Carolina against the Attorney General of the United States, the Department of Justice, and the Department of Education. The plaintiff sou…

This is one of several federal lawsuits addressing North Carolina Session Law 2016-3, House Bill 2 (HB2), which was passed on March 23, 2016. For the others, see the case collection.

On May 9, 2016, North Carolina Governor Patrick McCrory and the Secretary of the North Carolina Department of Public Safety, filed this complaint in the Eastern District of North Carolina against the Attorney General of the United States, the Department of Justice, and the Department of Education. The plaintiff sought a declaratory judgement that NC House Bill 2 (known as “HB2”) did not violate Title VII of the Civil Rights Act or the Violence Against Women Act. HB2 required individuals to use the bathroom and changing facilities that corresponded to the biological sex listed on their birth certificates while in government buildings. It also prohibited municipalities in North Carolina from enacting anti-discrimination policies and removed the common-law and statutory right of action to enforce state anti-discrimination statutes in state courts.

This action was brought shortly after the plaintiff received a letter from the Justice Department, dated May 4, 2016, informing him that HB2 violated federal law. The letter stated that HB2 specifically violated Title VII of the Civil Rights Act of 1963, which forbids sex discrimination in employment; Title IX of the Educational Amendments Act of 1972, which forbids sex discrimination in education; and the Violence Against Women Reauthorization Act of 2013 (“VAWA”). The letter requested the plaintiff respond, stating he would remedy the violation and confirm that North Carolina would implement HB2. His response was due on May 9, 2016. In lieu of a response, this suit seeking declaratory judgement was filed.

That same day, the United States filed suit in the Middle District of North Carolina, naming Governor McCrory, the North Carolina Department of Public Safety, and the University of North Carolina and its Board of Governor as defendants. This complaint requested a declaratory judgment that HB2 was discriminatory under Title VII, VAWA, and Title IX of the Education Amendments of 1972.

In his complaint, the plaintiff argued that transgendered individuals weren’t a protected class under Title VII. In the alternative, even if the VAWA included gender identity as a protected class, he argued that HB2 wasn’t discriminatory, as it allowed accommodations for special circumstances that would include accommodations for transgender individuals.

For context, many people who identify as transgender either cannot afford or do not want to undergo sex reassignment surgery. In North Carolina, only those who undergo sex reassignment surgery can change the biological sex written on their birth certificates. At the time of HB2, the state legislation had changed the definition of sex in the state's anti-discrimination law to "the physical condition of being male or female, which is stated on a person's birth certificate.” This limited definition of sex prevented transgendered North Carolinians from being legally viewed as a class of people vulnerable to sex discrimination.

On February 22, 2016, the Charlotte City Council had passed Ordinance 7056, which prohibited discrimination on the basis of sexual orientation or gender identity in public accommodations, passenger vehicles for hire, and city contractors. Trans citizens would be protected from discrimination under this ordinance. The ordinance was set to take effect on April 1, 2016. HB2 was passed and signed by the Governor between the passage of Ordinance 7056 and its intended date of effect. HB2’s passage meant that Charlotte’s city ordinance could not go into effect and that future municipal ordinances designed to protect trans citizens would also be prohibited from overriding state law.

In this case, on May 17, the plaintiff asked the court to transfer the case to the Middle District of North Carolina, where cases challenging HB2 had been filed by the ACLU and the DOJ. Those cases were Carcano v. McCrory and United States v. State of North Carolina. The court denied this motion to transfer on June 7, 2016, citing the rules of federal procedure and the case proceeded.

Two other cases were brought in this district by private parties against the DOJ on the same topic—Berger v. United States Department of Justice and North Carolinians for Privacy v. United States Department of Justice. The plaintiffs in these related cases, seeking to uphold the legal validity of HB2, filed motions for consolidation with this case, on May 23 and May 24, respectively. On June 13, Judge Terrence Boyle issued an order indicating that he would allow this case to be consolidated with Berger and, on June 29, the court also ordered North Carolinians for Privacy consolidated.

This latter consolidation was done after the plaintiff wrote in opposition to North Carolinians for Privacy consolidation with his. In his opposition, the plaintiff argued that their complaint dealt with Title IX, which pertained to the use of sex-segregated facilities by transgender students, which the plaintiffs claimed violated the constitutional rights of parents and children. In his opposition, the plaintiff opposed consolidation, arguing that his complaint was focused on the validity of HB2 as it pertained to changing facilities and restroom use in government facilities.

On September 16, 2016, plaintiffs filed a notice of voluntary dismissal of their claims, without prejudice, as to all defendants. In their notice of dismissal, they argued that the claims made in this lawsuit were now being asserted as counterclaims in the lawsuit brought by the United States in the Middle District Court of North Carolina. This counterclaim, the plaintiffs argued, also sought a declaratory judgement on the validity of HB2 and would sufficiently protect the State’s interest. The case is now closed.

Summary Authors

Ryan Berry (6/16/2016)

Mary Book (11/12/2018)

Related Cases

Carcaño v. McCrory, Middle District of North Carolina (2016)

United States v. State of North Carolina, Middle District of North Carolina (2016)

Berger v. United States Department of Justice, Eastern District of North Carolina (2016)

North Carolinians for Privacy v. United States Department of Justice, Eastern District of North Carolina (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4303708/parties/mccrory-v-united-states-of-america/


Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Bowers, Karl S. (South Carolina)

Brooks, Brennan Tyler (North Carolina)

Duncan, S. Kyle (District of Columbia)

Gordon, Frank J. (North Carolina)

Potter, Robert D. Jr. (North Carolina)

Stephens, Robert C. (North Carolina)

Stewart, William Woodley Jr. (North Carolina)

Attorneys(s) for Defendant

Gupta, Vanita (District of Columbia)

Lynch, Loretta (New York)

Judge(s)

Boyle, Terrence William (North Carolina)

Attorneys(s) for Plaintiff

Bowers, Karl S. (South Carolina)

Brooks, Brennan Tyler (North Carolina)

Duncan, S. Kyle (District of Columbia)

Gordon, Frank J. (North Carolina)

Potter, Robert D. Jr. (North Carolina)

Stephens, Robert C. (North Carolina)

Stewart, William Woodley Jr. (North Carolina)

Attorneys(s) for Defendant

Gupta, Vanita (District of Columbia)

Lynch, Loretta (New York)

Other Attorney(s)

Campbell, James A. (Arizona)

Cortman, David A. (Georgia)

Dalton, J. Caleb (Arizona)

Dewart, Deborah Jane (North Carolina)

La Rue, Joseph E. (Arizona)

Sharp, John Matthew (Georgia)

Tedesco, Jeremy D. (Arizona)

Waggoner, Kristen Kellie (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 19, 2017 Docket

Notice to Gov. Pat McCrory [regarding violation of Civil Rights Act]

No Court

May 4, 2016 Notice Letter
1

Complaint

May 9, 2016 Complaint
36

Order

June 13, 2016 Order/Opinion
43

Order

McCrory v. United States of America

June 20, 2016 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4303708/mccrory-v-united-states-of-america/

Last updated May 20, 2022, 4:19 a.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-3674980.), filed by Patrick L. McCrory, Frank Perry. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons) (Stewart, William) (Entered: 05/09/2016)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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5 Proposed Summons

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May 9, 2016 RECAP
2

Notice filed by Patrick L. McCrory, Frank Perry regarding 1 Complaint, Proposed Summons. (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons) (Stewart, William) (Entered: 05/09/2016)

1 Proposed Summons

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2 Proposed Summons

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3 Proposed Summons

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May 9, 2016 PACER
3

Notice of Appearance filed by William W. Stewart, Jr on behalf of Patrick L. McCrory. (Stewart, William) (Entered: 05/09/2016)

May 9, 2016 PACER
4

Notice of Appearance filed by Frank J. Gordon on behalf of Patrick L. McCrory. (Gordon, Frank) (Entered: 05/09/2016)

May 9, 2016 RECAP
5

Notice of Appearance filed by Brennan Tyler Brooks on behalf of Patrick L. McCrory. (Brooks, Brennan) (Entered: 05/09/2016)

May 9, 2016 RECAP
6

Financial Disclosure Statement by Patrick L. McCrory (Stewart, William) (Entered: 05/09/2016)

May 9, 2016 PACER
7

Financial Disclosure Statement by Frank Perry (Stewart, William) (Entered: 05/09/2016)

May 9, 2016 PACER
8

Summonses Issued as to Vanita Gupta, Loretta E. Lynch, United States Department of Justice, and United States of America. Counsel is directed to print summonses and effect service. (Romine, L.) (Entered: 05/09/2016)

May 9, 2016 RECAP
9

MOTION to Transfer Case (Unopposed) filed by Patrick L. McCrory, Frank Perry. (Attachments: # 1 Text of Proposed Order) (Stewart, William) (Entered: 05/17/2016)

1 Text of Proposed Order

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May 17, 2016 RECAP
10

Memorandum in Support regarding 9 MOTION to Transfer Case (Unopposed) filed by Patrick L. McCrory, Frank Perry. (Attachments: # 1 Exhibit Complaint in USA v. State of NC, # 2 Exhibit Complaint in Carcano v. McCrory, # 3 Exhibit 1st Amended Complaint in Carcano v. McCrory, # 4 Supplement Landers v. Dawson (unpublished opinion), # 5 Supplement Calloway Golf v. Corp. Trade (unpublished opinion)) (Stewart, William) (Entered: 05/17/2016)

May 17, 2016 PACER
11

MOTION to Consolidate Cases filed by Phil Berger, Tim Moore. (Attachments: # 1 Text of Proposed Order) (Duncan, Stuart) (Entered: 05/23/2016)

1 Text of Proposed Order

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May 23, 2016 PACER
12

Memorandum in Support regarding 11 MOTION to Consolidate Cases filed by Phil Berger, Tim Moore. (Duncan, Stuart) (Entered: 05/23/2016)

May 23, 2016 PACER
13

Notice of Appearance filed by Stuart K. Duncan on behalf of Phil Berger, Tim Moore. (Duncan, Stuart) (Entered: 05/23/2016)

May 23, 2016 PACER
14

Notice of Appearance filed by Robert D. Potter, Jr on behalf of Phil Berger, Tim Moore. (Potter, Robert) (Entered: 05/23/2016)

May 23, 2016 PACER
15

Notice of Appearance for non-district by Karl S. Bowers, Jr on behalf of Patrick L. McCrory, Frank Perry. (Bowers, Karl) (Entered: 05/23/2016)

May 23, 2016 PACER
16

Affidavit of Service for summons and complaint filed by Patrick L. McCrory served on USA on 5/13/2016. (Attachments: # 1 Exhibit A - usa-civil process clerk, # 2 Exhibit B - usa-usag) (Stewart, William) (Entered: 05/23/2016)

May 23, 2016 PACER
17

Affidavit of Service for summons and complaint filed by Patrick L. McCrory served on USDOJ on 5/13/2016. (Attachments: # 1 Exhibit A - DOJ-civil process, # 2 Exhibit B - USDOJ, # 3 Exhibit C - USDOJ - AG) (Stewart, William) (Entered: 05/23/2016)

May 23, 2016 PACER
18

Affidavit of Service for summons and complaint filed by Patrick L. McCrory served on Loretta Lynch - AG on 5/13/2016. (Attachments: # 1 Exhibit A - Lynch - civil process, # 2 Exhibit B- Lynch - AG, # 3 Exhibit C- Lynch - USDOJ) (Stewart, William) (Entered: 05/23/2016)

May 23, 2016 PACER
19

Affidavit of Service for summons and complaint filed by Patrick L. McCrory served on Vanita Gupta - Asst AG on 5/13/2016. (Attachments: # 1 Exhibit A - Gupta - civil process, # 2 Exhibit B - Gupta - AG, # 3 Exhibit C- Gupta - USDOJ) (Stewart, William) (Entered: 05/23/2016)

May 23, 2016 PACER
20

Notice of Appearance filed by Deborah J. Dewart on behalf of North Carolinians for Privacy. (Dewart, Deborah) (Entered: 05/24/2016)

May 24, 2016 PACER
21

Financial Disclosure Statement by North Carolinians for Privacy (Dewart, Deborah) (Entered: 05/24/2016)

May 24, 2016 PACER
22

MOTION to Consolidate Cases filed by North Carolinians for Privacy. (Attachments: # 1 Text of Proposed Order) (Dewart, Deborah) (Entered: 05/24/2016)

1 Text of Proposed Order

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May 24, 2016 RECAP
23

Memorandum in Support regarding 22 MOTION to Consolidate Cases filed by North Carolinians for Privacy. (Dewart, Deborah) (Entered: 05/24/2016)

May 24, 2016 PACER
24

Notice of Appearance for non-district by Jeremy D. Tedesco on behalf of North Carolinians for Privacy. (Tedesco, Jeremy) (Entered: 05/24/2016)

May 24, 2016 PACER
25

Notice of Appearance for non-district by James A. Campbell on behalf of North Carolinians for Privacy. (Campbell, James) (Entered: 05/24/2016)

May 24, 2016 PACER
26

Notice of Appearance for non-district by Kristen K. Waggoner on behalf of North Carolinians for Privacy. (Waggoner, Kristen) (Entered: 05/24/2016)

May 24, 2016 PACER
27

Notice of Appearance for non-district by Joseph E. La Rue on behalf of North Carolinians for Privacy. (La Rue, Joseph) (Entered: 05/24/2016)

May 24, 2016 PACER
28

Notice of Appearance for non-district by Jonathan Caleb Dalton on behalf of North Carolinians for Privacy. (Dalton, Jonathan) (Entered: 05/24/2016)

May 24, 2016 PACER
29

Notice of Appearance for non-district by David A. Cortman on behalf of North Carolinians for Privacy. (Cortman, David) (Entered: 05/24/2016)

May 24, 2016 PACER
30

Notice of Appearance for non-district by John Matthew Sharp on behalf of North Carolinians for Privacy. (Sharp, John) (Entered: 05/24/2016)

May 24, 2016 PACER
31

RESPONSE to Motion regarding 11 MOTION to Consolidate Cases filed by Patrick L. McCrory, Frank Perry. (Stewart, William) (Entered: 05/25/2016)

May 25, 2016 PACER
32

ORDER - Consolidation of case No. 5:16-CV-240-FL with this matter will be allowed if permitted by the judge to whom the General Assembly's case is currently assigned. The Court makes no determination as to the motion to consolidate filed by North Carolinians for Privacy, case No. 5:16-CV-245-FL, at this time. Signed by District Judge Terrence W. Boyle on 5/26/2016. The parties are reminded to read the attached order in its entirety. (Downing, L.) (Entered: 05/26/2016)

May 26, 2016 RECAP
33

MOTION to Intervene filed by Steven Glenn Johnson. (Attachments: # 1 Proposed Complaint, # 2 Exhibit A - Correspondence and Oath of Office, # 3 Exhibit B - Document - Page 3 of 12, # 4 Exhibit C - Register of Deeds Document) (Marsh, K) (Entered: 06/07/2016)

June 6, 2016 PACER
34

ORDER denying 9 Motion to Transfer Case. Signed by District Judge Terrence W. Boyle on 6/7/2016. (Marsh, K) (Entered: 06/07/2016)

June 7, 2016 RECAP
35

Notice of Appearance filed by Gene C. Schaerr on behalf of Phil Berger, Tim Moore. (Schaerr, Gene) (Entered: 06/09/2016)

June 9, 2016 PACER
36

ORDER allowing Phil Berger's and Tim Moore's 11 Motion to Consolidate Cases. Signed by District Judge Terrence W. Boyle on 6/13/2016. (Romine, L.) (Entered: 06/13/2016)

June 13, 2016 RECAP
37

Notice of Appearance filed by Spencer E. Amdur on behalf of All Defendants. (Amdur, Spencer) (Entered: 06/14/2016)

June 14, 2016 PACER
38

Memorandum in Opposition regarding 22 MOTION to Consolidate Cases filed by Vanita Gupta, Loretta E. Lynch, United States Department of Justice, United States of America. (Amdur, Spencer) (Entered: 06/14/2016)

June 14, 2016 PACER
39

Notice of Appearance filed by Michael James on behalf of All Defendants. (James, Michael) (Entered: 06/16/2016)

June 16, 2016 PACER
40

RESPONSE to Motion regarding 22 MOTION to Consolidate Cases filed by Patrick L. McCrory, Frank Perry. (Stewart, William) (Entered: 06/17/2016)

June 17, 2016 PACER
41

REPLY to Response to Motion regarding 22 MOTION to Consolidate Cases filed by North Carolinians for Privacy. (Campbell, James) (Entered: 06/17/2016)

June 17, 2016 PACER
42

RESPONSE in Support regarding 22 MOTION to Consolidate Cases filed by Phil Berger, Tim Moore. (Duncan, Stuart) (Entered: 06/17/2016)

June 17, 2016 PACER
43

ORDER allowing North Carolinians for Privacy's 22 Motion to Consolidate Cases. Signed by District Judge Terrence W. Boyle on 6/20/2016. (Romine, L.) (Entered: 06/20/2016)

June 20, 2016 RECAP
44

Notice of Appearance filed by Robert C. Stephens on behalf of Patrick L. McCrory. (Stephens, Robert) (Entered: 06/21/2016)

June 21, 2016 PACER
45

Memorandum in Opposition regarding 33 MOTION to Intervene of Steven Glenn Johnson filed by Vanita Gupta, Loretta E. Lynch, United States Department of Justice, United States of America. (Amdur, Spencer) (Entered: 06/27/2016)

June 27, 2016 PACER
46

AMENDED DOCUMENT by Vanita Gupta, Loretta E. Lynch, United States Department of Justice, United States of America. Amendment to 45 Memorandum in Opposition Amending Certificate of Service (Amdur, Spencer) (Entered: 06/27/2016)

June 27, 2016 PACER
47

RESPONSE in Opposition regarding 33 MOTION to Intervene filed by Patrick L. McCrory, Frank Perry. (Stewart, William) (Entered: 06/29/2016)

June 29, 2016 PACER
48

MOTION to Dismiss filed by Vanita Gupta, Loretta E. Lynch, United States Department of Justice, United States of America. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Amdur, Spencer) (Entered: 07/12/2016)

1 Memorandum in Support of Motion to Dismiss

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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July 12, 2016 RECAP
49

ORDER regarding 48 MOTION to Dismiss. Plaintiffs' response to the motion shall be filed not later than July 22, 2016. Any reply by defendants shall be filed not later than July 26, 2016. A hearing will be held on the motion, if necessary, at Raleigh, North Carolina. The date and time will be set by separate notice. Signed by District Judge Terrence W. Boyle on 7/13/2016. (Romine, L.) (Entered: 07/13/2016)

July 13, 2016 PACER
50

REPLY to Response to Motion regarding 33 MOTION to Intervene filed by Steven Glenn Johnson. (Romine, L.) (Entered: 07/18/2016)

July 18, 2016 PACER
51

RESPONSE in Opposition regarding 48 MOTION to Dismiss filed by Patrick L. McCrory, Frank Perry. (Attachments: # 1 Exhibit A - Charlotte Observer Article, # 2 Exhibit B - Remarks of Attorney General Lynch, # 3 Exhibit C - Order in Case No. 1:16-cv-00425-TDS-JEP (M.D.N.C.)) (Stewart, William) (Entered: 07/22/2016)

July 22, 2016 PACER
52

REPLY to Response to Motion regarding 48 MOTION to Dismiss filed by Vanita Gupta, Loretta E. Lynch, United States Department of Justice, United States of America. (Amdur, Spencer) (Entered: 07/26/2016)

July 26, 2016 PACER
53

ORDER denying movant Johnson's 33 Motion to Intervene. Signed by District Judge Terrence W. Boyle on 9/1/2016. Certified copy sent to pro se movant via US Mail to 208 Nydegg Road, New Bern, NC 28562. (Romine, L.) (Entered: 09/01/2016)

Sept. 1, 2016 RECAP
54

NOTICE of Hearing on Motion 48 MOTION to Dismiss: Motion Hearing set for 9/29/2016 at 11:00 AM in Raleigh - 6th Floor Courtroom before District Judge Terrence W. Boyle. (Romine, L.) (Entered: 09/08/2016)

Sept. 8, 2016 PACER
55

Notice of Voluntary Dismissal filed by Patrick L. McCrory, Frank Perry as to All Defendants (Without Prejudice). (Stewart, William) (Entered: 09/16/2016)

Sept. 16, 2016 RECAP
56

MOTION to Alter Judgment filed by Steven Glenn Johnson. (Stouch, L.) (Entered: 10/03/2016)

Sept. 29, 2016

Motion Submitted to District Judge Terrence W. Boyle: 56 MOTION to Alter Judgment. (Stouch, L.) (Entered: 10/24/2016)

Oct. 24, 2016
57

ORDER denying 56 Motion to Alter Judgment. Signed by District Judge Terrence W. Boyle on 1/18/2017. Certified copy sent to Steven−Glenn: Johnson via US Mail to 208 Nydegg Road, New Bern, NC 28562. (Stouch, L.) (Entered: 01/19/2017)

Jan. 19, 2017

State / Territory: North Carolina

Case Type(s):

Public Accommodations/Contracting

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: May 9, 2016

Closing Date: Sept. 16, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The North Carolina governor, Pat McCrory, and Secretary of the North Carolina Department of Public Safety.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice , Federal

U.S. Department of Education, Federal

U.S. Attorney General Loretta E. Lynch , Federal

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to public accommodations - governmental

Bathing and hygiene

Bathrooms

Buildings

Disparate Impact

Disparate Treatment

Gay/lesbian/transgender

Government Services

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Gender identity

Sex discrimination

Sexual orientatation