Kate Sullivan v. City of Cleveland Heights, Cleveland Heights Hockey Team, and David Zarnoch

869 F.2d 961, 1989 U.S. App. LEXIS 3047, 1989 WL 21527
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 15, 1989
Docket87-3451
StatusPublished
Cited by10 cases

This text of 869 F.2d 961 (Kate Sullivan v. City of Cleveland Heights, Cleveland Heights Hockey Team, and David Zarnoch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kate Sullivan v. City of Cleveland Heights, Cleveland Heights Hockey Team, and David Zarnoch, 869 F.2d 961, 1989 U.S. App. LEXIS 3047, 1989 WL 21527 (6th Cir. 1989).

Opinions

PER CURIAM.

Appellant Kate Sullivan, by and through her mother, Joan Farragher, appeals the district court’s dismissal of her gender discrimination suit. Sullivan claims that her rights under the equal protection clause of the fourteenth amendment and under 42 U.S.C. § 1983 were violated because the clothes-changing facilities which were made available for her at a public hockey arena were unequal to those provided for male hockey players. Because we conclude that the district court did not err in finding that the facilities afforded to Sullivan were equal to those of her male counterparts, we affirm the district court’s dismissal of her suit.

Kate Sullivan, ten years old at the time of suit, was enrolled in the City of Cleveland Heights’ hockey program. The city’s hockey leagues play at the Cleveland Heights Recreation Pavilion which at that time had one locker room for the home team. From 1982 to the spring of 1985 Sullivan, the only girl on the team, changed clothes in the same locker room area as the boys on her team. During an “away” game at a different facility in the spring of 1985, Sullivan’s coach, Kenneth Hrabak, prompted by complaints from the boys on the team, told Sullivan that she could no longer change clothes in the same area as the boys. From that time until the filing of this suit, Sullivan changed clothes for home games in the women’s restroom in the lobby area of the Cleveland Heights Recreation Pavilion some one hundred to one hundred fifty feet from the locker room. More recently, a room in the rear of the women’s restroom was made available for her to change.

On November 21,1986, Sullivan filed suit in district court praying only for injunctive and declaratory relief and attorney fees against the City of Cleveland Heights and Zamoch, director of the Cleveland Heights hockey league, alleging that they discriminated against her by placing her on a team with less skilled players because she is a female and by not providing her with changing facilities equal to those used by the male hockey players. The first issue was ultimately settled and dismissed. The second issue was tried on February 14, 1987. Ruling from the bench after the presentation of Sullivan’s case, United States District Judge Alice M. Batchelder granted the city’s motion for involuntary dismissal. On April 10, 1987, the district court entered its opinion and order dismissing the unequal facilities claim pursuant to [963]*963Fed.R.Civ.P. 41(b)1 and finding that Sullivan had no right to relief based on the law and the facts. It is the dismissal of this claim, brought pursuant to the equal protection clause of the fourteenth amendment and 42 U.S.C. § 1983,2 that Sullivan appeals to this court.

The Supreme Court in Craig v. Boren, 429 U.S. 190, 197, 97 S.Ct. 451, 456-57, 50 L.Ed.2d 397 (1976), articulated the proper standard for gender-based discrimination: “To withstand constitutional challenge, previous cases establish that classifications by gender must serve important government objectives and must be substantially related to achievement of those objectives.” See also Yellow Springs v. Ohio High School Athletic Ass’n, 647 F.2d 651, 657 (6th Cir.1981); Canterino v. Wilson, 546 F.Supp. 174, 206 (W.D.Ky.1982); Glover v. Johnson, 478 F.Supp. 1075, 1079 (E.D.Mich.1979). Sullivan does not contend that she has a right to dress and undress in the same room as the boys on her team; thus she does not assert that the mere fact of separation is a gender classification for constitutional purposes. Sullivan’s contention is that by affording her an unequal facility for changing clothes, the defendants imposed upon her an unconstitutional classification based on gender. In applying the rule of Craig to the present case, we must therefore first determine whether Sullivan was accorded treatment by the City of Cleveland Heights unequal to that accorded her male counterparts. If such unequal treatment existed, the equal protection clause of the fourteenth amendment was violated unless the difference in the facilities bore a substantial relationship to an important governmental objective.

Sullivan points to several factors upon which she bases her assertion that the clothes-changing facilities made available for her were unequal to the locker room in which the male hockey players changed clothes. Sullivan claims that the women’s restroom and adjacent room in which she changed clothes were less secure than the locker room and were also not supervised as was the locker room. She also asserts that her bar from the locker room area and her not being afforded a nearby facility while changing clothes caused her to miss pre-game team meetings and placed her on a different status than the male hockey players, thus depriving her of the comrad-ery of the team, and that her separation from the team negatively impacted on her psychological well-being.

The district court concluded that Sullivan’s claims of unequal treatment were without constitutional merit because the facility in which she changed clothes was substantially equal to that in which the male hockey players changed clothes.

On review of a district court’s dismissal pursuant to Fed.R.Civ.P. 41(b), a court of appeals “may only reverse the trial court’s findings of fact if they are clearly erroneous.” Continental Casualty Co. v. DLH Serv., Inc., 752 F.2d 353, 356 (8th Cir.1985). “A finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948).

The district court made the following findings which we determine are supported by evidence in the record as indicated in brackets:

It should be here noted that the term “locker room”, as used in this case, is for the most part a misnomer, for there are [964]*964no lockers in the locker room area. The hockey players merely lay their clothing and belongings on the benches provided within the locker room area. Coaches are provided with a key to the locker room area so that they may lock the door to restrict entrance while the players are on the ice. [Tr.3 at 20.] There is also no indication that the plaintiff, once she has changed, is required to leave her belongings unattended or unguarded in the ladies [sic] restroom, or that she is not permitted to place her belongings in the locker room area with those of the other players.

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Bluebook (online)
869 F.2d 961, 1989 U.S. App. LEXIS 3047, 1989 WL 21527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kate-sullivan-v-city-of-cleveland-heights-cleveland-heights-hockey-team-ca6-1989.