Case: North Carolinians for Privacy v. United States Department of Justice

5:16-cv-00245 | U.S. District Court for the Eastern District of North Carolina

Filed Date: May 10, 2016

Closed Date: Aug. 31, 2016

Clearinghouse coding complete

Case Summary

This is one of several federal lawsuits addressing North Carolina Session Law 2016-3, House Bill 2 (“H.B. 2”), which was passed on March 23, 2016. For the others, see related cases section, below. On February 22, 2016, the Charlotte City Council passed Ordinance 7056, which prohibited discrimination on the basis of sexual orientation or gender identity in public accommodations, passenger vehicle for hire, and city contractors. The city ordinance was set to take effect on April 1, 2016.In respon…

This is one of several federal lawsuits addressing North Carolina Session Law 2016-3, House Bill 2 (“H.B. 2”), which was passed on March 23, 2016. For the others, see related cases section, below.

On February 22, 2016, the Charlotte City Council passed Ordinance 7056, which prohibited discrimination on the basis of sexual orientation or gender identity in public accommodations, passenger vehicle for hire, and city contractors. The city ordinance was set to take effect on April 1, 2016.

In response, on March 23, 2016, the North Carolina legislature held a special session and passed House Bill 2; it was signed that same day by North Carolina Governor Pat McCrory. HB2 prohibits municipalities in North Carolina from enacting anti-discrimination policies and removes the statutory and common-law private right of action to enforce state anti-discrimination statutes in state courts. It also requires that in government buildings, individuals may only use restrooms and changing facilities that correspond to the sex on their birth certificates. For many transgender people, this prevents them from using the restroom consistent with their gender identity (in North Carolina, only people who undergo sex reassignment surgery can change the sex on their birth certificates; some other jurisdictions have even more restrictive rules). In addition, the legislation changes 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,” which prevents discrimination against transgender people from being classified as a type of sex discrimination.

On May 4, in a letter to Governor Pat McCrory the Justice Department informed him that the U.S. had concluded that HB2 violates federal law. The DOJ asked the Governor to respond by close of business on May 9 that he will remedy the violations, "including by confirming that the State will not comply with or implement H.B. 2."

Instead of providing the demanded assurances, the Governor sued the United States on the morning of May 9, in the Eastern District of North Carolina, seeking declaratory relief that HB2 didn’t violate federal law. The next day, on May 10, this suit was brought by an unincorporated, non-profit association which seems to serve primarily as vehicle for the right-wing Christian advocacy group Alliance Defending Freedom to challenge the DOJ's and DOE’s positions on transgender bathroom access. They sought declaratory relief under 28 U.S.C.A. §§ 2201, asking the court to rule that the North Carolina Law doesn’t violate Title IX of The Education Amendment, Title VII of the Civil Rights Act, or the Violence Against Women Act of 2013 (VAWA, 42 U.S.C. § 13925(b)(13)). They asked the court to find that the DOJ and DOE had violated the constitution and federal law by threatening North Carolina with legal action. And they asked the court to enjoin those agencies from any action against North Carolina for enforcing HB2s restrictions on transgender bathroom access.

On May 24, plaintiffs asked the judge assigned to this case, Judge Louise Wood Flannagan, to consolidate this case with the case brought against the DOJ by Governor McCroy, Carcaño. Previously, when the plaintiffs in another lawsuit defending HB2, Berger v. United States DOJ, sought consolidation with Carcaño, governor McCrory had indicated that he would oppose consolidation if it interfered with his request to have the case moved to the middle district of North Carolina. On June 14, 2016, the DOJ filed a memorandum opposing consolidation of this case with Carcaño, noting that the plaintiffs in this case were challenging the DOJ’s position that HB2 violates Title IX while the plaintiffs in the Carcaño and Berger cases were not.

On June 29, 2016, Judge Louise Wood Flannagan denied the motion to consolidate the cases, holding that Carcaño was a less rigorous case, while Berger and the present case raised multiple different questions. Nevertheless, at the same time, the court decided to transfer the cases to the Middle District, holding they should be tried alongside Carcaño because they involved common questions and was filed first. The court was also stated that the transfer would benefit the parties, who would have a single judge rendering timely decisions and coordinating the proceedings, and the public, that would be benefited by consistent decisions by the same judge.

The case was transferred to the Middle District on June 30, 2016 (Docket No. 1:16-cv-00845). On August 22, 2016, the plaintiff filed its first amended complaint, for the purpose of adding individual plaintiffs and streamlining the language of the original claims, without adding new ones. However, on August 31, 2016, without explanation, the plaintiffs filed a notice of voluntary dismissal of the case without prejudice to the defendants. As a result, the case was closed.

Summary Authors

Ryan Berry (6/5/2016)

Daniele de Oliveira Nunes (10/17/2018)

Related Cases

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

McCrory v. United States, Eastern 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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4303710/parties/north-carolinians-for-privacy-v-united-states-department-of-justice/


Judge(s)
Attorney for Plaintiff

Campbell, James A. (Arizona)

Attorney for Defendant

Berwick, Benjamin Leon (District of Columbia)

Bickford, James (District of Columbia)

Expert/Monitor/Master/Other

Bowers, Karl S. (South Carolina)

Brooks, Brennan Tyler (North Carolina)

show all people

Documents in the Clearinghouse

Document

5:16-cv-00245

Docket [PACER]

North Carolinians for Privacy v. United States

July 18, 2016

July 18, 2016

Docket

1:16-cv-00845

Docket [PACER]

U.S. District Court for the Middle District of North Carolina

Dec. 16, 2016

Dec. 16, 2016

Docket
1

5:16-cv-00245

Complaint

North Carolinians for Privacy v. United States

May 10, 2016

May 10, 2016

Complaint
34

5:16-cv-00245

5:16-cv-00240

Order

U.S. District Court for the Middle District of North Carolina

June 29, 2016

June 29, 2016

Order/Opinion
58

1:16-cv-00845

First Amended Complaint

U.S. District Court for the Middle District of North Carolina

Aug. 22, 2016

Aug. 22, 2016

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4303710/north-carolinians-for-privacy-v-united-states-department-of-justice/

Last updated Feb. 6, 2025, 1:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400, receipt number 0417-3678475) filed by North Carolinians for Privacy. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons) (Dewart, Deborah) (Entered: 05/10/2016)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

3 Proposed Summons

View on PACER

4 Proposed Summons

View on PACER

5 Proposed Summons

View on PACER

6 Proposed Summons

View on PACER

May 10, 2016

May 10, 2016

RECAP
2

Financial Disclosure Statement by North Carolinians for Privacy. (Dewart, Deborah) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER

Notice to Counsel - All counsel must file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Baker, C.)

May 11, 2016

May 11, 2016

PACER

Notice to Counsel

May 11, 2016

May 11, 2016

PACER
3

Summonses Issued as to All Defendants. (*NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Baker, C.) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
4

Notice of Appearance filed by Deborah J. Dewart on behalf of North Carolinians for Privacy. (Dewart, Deborah) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

RECAP
5

Notice of Appearance for non-district counsel by David A. Cortman on behalf of North Carolinians for Privacy. (Cortman, David) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

RECAP
6

Notice of Appearance for non-district counsel by Joseph E. La Rue on behalf of North Carolinians for Privacy. (La Rue, Joseph) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

RECAP
7

Notice of Appearance for non-district counsel by Jeremy D. Tedesco on behalf of North Carolinians for Privacy. (Tedesco, Jeremy) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

RECAP
8

Notice of Appearance for non-district counsel by James A. Campbell on behalf of North Carolinians for Privacy. (Campbell, James) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

RECAP
9

Notice of Appearance for non-district counsel by Kristen K. Waggoner on behalf of North Carolinians for Privacy. (Waggoner, Kristen) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

RECAP
10

Notice of Appearance for non-district by John Matthew Sharp on behalf of North Carolinians for Privacy. (Sharp, John) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

RECAP
11

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

May 24, 2016

PACER
12

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

View on RECAP

May 24, 2016

May 24, 2016

RECAP
13

Memorandum in Support regarding 12 MOTION to Consolidate Cases filed by North Carolinians for Privacy. (Dewart, Deborah) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

RECAP
14

Notice of Appearance filed by James O. Bickford on behalf of All Defendants. (Bickford, James) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
15

Memorandum in Opposition regarding 12 MOTION to Consolidate Cases filed by John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice. (Bickford, James) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

RECAP

**** Set Hearing - Telephonic Rule 16 Status Conference and Motion Hearing as to 12 MOTION to Consolidate Cases set for 6/21/2016 at 10:00 AM before District Judge Louise Wood Flanagan. *Counsel will be provided dial-in instructions in advance of the telephonic hearing* (Tripp, S.)

June 15, 2016

June 15, 2016

PACER

Set/Reset Hearings

June 15, 2016

June 15, 2016

PACER

Set/Reset Motion and M&R Hearings AND Set/Reset Hearings

June 15, 2016

June 15, 2016

PACER
16

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

June 16, 2016

June 16, 2016

PACER
17

Notice of Appearance filed by Brennan Tyler Brooks on behalf of Patrick McCrory. (Brooks, Brennan) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

Motion Submitted

June 17, 2016

June 17, 2016

PACER
18

Notice of Appearance filed by William W. Stewart, Jr. on behalf of Patrick McCrory. (Stewart, William) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
19

Notice of Appearance filed by Frank J. Gordon on behalf of Patrick McCrory. (Gordon, Frank) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
20

Notice of Appearance for non-district by Karl S. Bowers, Jr. on behalf of Patrick McCrory, Frank Perry. (Bowers, Karl) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
21

RESPONSE to Motion regarding 12 MOTION to Consolidate Cases filed by Patrick McCrory, Frank Perry. (Stewart, William) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

RECAP
22

Financial Disclosure Statement by Patrick McCrory. (Stewart, William) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
23

Financial Disclosure Statement by Frank Perry. (Bowers, Karl) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
24

REPLY to Response to Motion regarding 12 MOTION to Consolidate Cases filed by North Carolinians for Privacy. (Campbell, James) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

Motion Submitted to District Judge Louise Wood Flanagan - 12 MOTION to Consolidate Cases. (Baker, C.)

June 17, 2016

June 17, 2016

PACER
25

Notice of Appearance filed by Stuart K. Duncan on behalf of Philip Berger, Tim Moore. (Duncan, Stuart) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
26

Notice of Appearance filed by Robert D. Potter, Jr. on behalf of Philip Berger, Tim Moore. (Potter, Robert) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
27

RESPONSE in Support regarding 12 MOTION to Consolidate Cases filed by Philip Berger, Tim Moore. (Duncan, Stuart) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
28

Notice of Appearance filed by Gene C. Schaerr on behalf of Philip Berger, Tim Moore. (Schaerr, Gene) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER

NOTICE OF DEFICIENCY regarding: 25 Notice of Appearance, 28 Notice of Appearance - Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Court's CM/ECF Electronic Policies and Procedures Manual. Counsel should file a separately captioned certificate of service using the appropriate event located under the Civil Events - Service of Process category. (Tripp, S.)

June 20, 2016

June 20, 2016

PACER

Notice of Deficiency

June 20, 2016

June 20, 2016

PACER

Remark - 27 RESPONSE in Support submitted to District Judge Louise Wood Flanagan. (Tripp, S.)

June 20, 2016

June 20, 2016

PACER

Remark

June 20, 2016

June 20, 2016

PACER
29

Certificate of Service filed by Philip Berger, Tim Moore regarding 28 Notice of Appearance . (Schaerr, Gene) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
30

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

June 21, 2016

June 21, 2016

PACER
31

Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern: Telephonic Rule 16 Status Conference and Motion Hearing as to 12 MOTION to Consolidate Cases held on 6/21/2016. Counsel present for all parties. Court hears oral argument as to motion and procedural posture of the case. Matters taken under advisement. Written order to follow. (Court Reporter - David Collier) (Baker, C.) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
32

*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 33 * - Affidavit of Service for Summons and Complaint filed by North Carolinians for Privacy served on Defendants on 06/21/2016. (Campbell, James) Modified on 6/29/2016 to insert refiling information. (Baker, C.) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER

Notice of Deficiency - Filing is not text searchable

June 28, 2016

June 28, 2016

PACER

NOTICE OF DEFICIENCIES regarding 32 Affidavit of Service - Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. Also, supporting documents should be filed as attachments to the underlying filing. Pursuant to Section L(2) of the court's CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description of the document. Each exhibit or attachment must be separated as a filing party would do when creating a hard copy version of the documents. When filing a document with more than five (5) exhibits or attachments, the first attached document must be an index of all of the subsequently attached documents. Counsel is directed to refile the document with the necessary corrections. (Baker, C.)

June 28, 2016

June 28, 2016

PACER
33

Affidavit of Service for Summons and Complaint filed by North Carolinians for Privacy served on Defendants on 06/21/2016. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - US Dept of Justice, # 3 Exhibit B - Loretta Lynch, # 4 Exhibit C - US Dept of Education, # 5 Exhibit D - John B King Jr, # 6 Exhibit E - US Attorney Civil Process Clerk, # 7 Exhibit F - US Attorney General, # 8 Exhibit G - James Bickford) (Campbell, James) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

PACER
34

ORDER denying 12 Motion to Consolidate Cases - On its own initiative, having heard from the parties further at hearing and conference June 21, 2016, the court TRANSFERS case number 5:16-CV-240-FL and case number 5:16-CV-245-FL to the Middle District. Signed by District Judge Louise Wood Flanagan on 6/29/2016. (Baker, C.) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

RECAP

Remark - Case transferred from North Carolina Eastern District has been opened in North Carolina Middle District as case 1:16-cv-00845, filed 06/29/2016. (Baker, C.)

June 30, 2016

June 30, 2016

PACER

Remark

June 30, 2016

June 30, 2016

PACER
35

MOTION to Withdraw as Attorney filed by United States Department of Justice. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw) (James, Michael) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
36

Memorandum in Support regarding 35 MOTION to Withdraw as Attorney filed by United States Department of Justice. (James, Michael) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
37

ORDER granting 35 Motion to Withdraw as Attorney - Signed by District Judge Louise Wood Flanagan on 7/18/2016. (Baker, C.) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Public Accommodations/Contracting

Special Collection(s):

Transgender Bathroom Access Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 10, 2016

Closing Date: Aug. 31, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An unincorporated, nonprofit association created to support North Carolina's restrictions on transgender bathroom access, five students at elementary, middle and high schools throughout North Carolina, their parents, and one parent of a high school student.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice , Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Federalism (including 10th Amendment)

Free Exercise Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Access to public accommodations - governmental

Access to public accommodations - privately owned

Bathing and hygiene

Bathrooms

Buildings

Government services

School/University Facilities

School/University policies

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Gender identity

Sexual orientation

LGBTQ+:

LGBTQ+