State ex rel. Washington University v. Richardson

396 S.W.3d 387, 2013 WL 427359, 2013 Mo. App. LEXIS 154
CourtMissouri Court of Appeals
DecidedFebruary 5, 2013
DocketNos. WD 74907, WD 74993
StatusPublished
Cited by7 cases

This text of 396 S.W.3d 387 (State ex rel. Washington University v. Richardson) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Washington University v. Richardson, 396 S.W.3d 387, 2013 WL 427359, 2013 Mo. App. LEXIS 154 (Mo. Ct. App. 2013).

Opinion

THOMAS H. NEWTON, Presiding Judge.

In a consolidated appeal, the Missouri Commission on Human Rights (MCHR) and Ms. Jessica Richardson appeal from the trial court’s judgment and order in prohibition barring the MCHR from acting on Ms. Richardson’s claims of sex discrimination against Washington University (the University) under the Missouri Human Rights Act (MHRA). We reverse and remand with direction to quash the writ of prohibition.

Factual and Procedural Background

In June 2010, Ms. Richardson filed a complaint of discrimination with the MCHR against the University. The complaint stated that she enrolled in the University’s Master of Fine Arts (MFA) program at the Sam Fox School of Design and Visual Arts (Fox School). Ms. Richardson alleged that she was sexually harassed and verbally abused by her advisor from January 2009 until she left the program without graduating, and that the University retaliated against her for reporting the advisor’s conduct. She asserted that she sought assistance in November 2009 in a meeting with the Director of the Graduate School of Art at the University (Director), but the Director took no action. In December 2009, her advisor subsequently cancelled, and then rescheduled, her end of semester review without informing her of the date and time. When she failed to appear at the review, she was expelled from the MFA program.

Ms. Richardson stated she subsequently met with the Dean of the Fox School, who rescheduled the review. The Director placed Ms. Richardson on probation for the spring 2010 semester and assigned new advisors. Ms. Richardson alleged that she received contradictory information as to the expectations she was required to fulfill to finish her MFA, and that the Director informed her in May 2010 that she would not receive a final review and would not graduate with her class.

After the complaint was filed, the MCHR notified the University. The University petitioned the circuit court for a writ of prohibition, contending that the MCHR had no jurisdiction over Ms. Richardson’s complaint because the University was not a place of public accommodation under the MHRA. The University requested that the MCHR be prohibited from taking further action, including barring it from issuing Ms. Richardson a right to sue letter. The trial court entered a preliminary order of prohibition, barring the MCHR from taking further action on Ms. Richardson’s complaint. Ms. Richardson was granted leave to intervene. Both MCHR and Ms. Richardson moved to quash the preliminary writ and a hearing was held.

In a judgment on February 2, 2012, the trial court made its preliminary writ absolute. It determined that the MCHR did not have jurisdiction over Ms. Richardson’s complaint because the MFA program was not a place of public accommodation. It further found that the MCHR had no authority to issue a right to sue letter and [391]*391ordered the MCHR to administratively close Ms. Richardson’s complaint. Ms. Richardson and the MCHR appeal.

Standard of Review

The “power to issue a writ of prohibition is limited to correction or limitation of an inferior court or agency that is acting without, or in excess of, its jurisdiction.” State ex rel. AG Processing Inc. v. Thompson, 100 S.W.3d 915, 919 (Mo.App. W.D.2003). A party is not entitled to the issuance of a writ, and in each case, whether a writ should be issued is left to the court’s discretion. Id. The court may issue a writ “when the facts and circumstances of a particular case demonstrate unequivocally that an extreme necessity for preventative action exists.” Id. Consequently, we review the issuance of a writ of prohibition for abuse of discretion. State ex rel. City of Jennings v. Riley, 236 S.W.3d 630, 631 (Mo. banc 2007). The trial court abuses its discretion if it fails to follow the applicable statutes. Id. However, where “the foundation of the writ is based upon interpretation of a statute,” our review of the statute’s meaning is de novo. Pitts v. Williams, 315 S.W.3d 755, 759 (Mo.App. W.D.2010). We are mindful that a writ is an extraordinary remedy and it must be used “with great caution, forbearance, and only in cases of extreme necessity.” AG Processing Inc., 100 S.W.3d at 919.

Legal Analysis

On appeal, Ms. Richardson raises one point, arguing that the trial court erred in granting the writ because the University is a place of public accommodation under the MHRA in that: (1) it receives public funds; and (2) it offers educational services to the public. The MCHR raises two points. In its first point, the MCHR argues that the trial court erred in granting a writ of prohibition because Missouri law holds it can issue a right-to-sue letter at any time during the administrative process of a case, and the scope of the MHRA is for the parties to litigate. In its second point, the MCHR argues that the trial court erred in finding the Fox School was not a place of public accommodation because the proper issue was whether the University was a place of public accommodation. For ease of discussion, we combine the parties’ arguments where they overlap and discuss them out of order.

Section 213.0651 mandates that all “persons are entitled to the full and equal use and enjoyment of public accommodations within this state without discrimination.” Doe ex rel. Subia v. Kansas City, Mo. Sch. Dist., 372 S.W.3d 43, 47-48 (Mo.App. W.D.2012). The section makes it an unlawful practice

for any person, directly or indirectly, to refuse, withhold from or deny any other person, or to attempt to refuse, withhold from or deny any other person, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation ... or to segregate or discriminate against any such person in the use thereof on the grounds of race, color, religion, national origin, sex, ancestry, or disability.

§ 213.065.2. Sections 213.010 and 213.065 define “place of public accommodation.” 213.065.2. Subsection 213.010(15) provides in relevant part that “places of public accommodation” are:

all places or businesses offering or holding out to the general public, goods, services, privileges, facilities, advantages or accommodations for the peace, com[392]*392fort, health, welfare and safety of the general public or such public places providing food, shelter, recreation and amusement[.]

Subsection 213.010(15) then provides a non-exclusive list of examples of places, businesses, and other establishments that are places of public accommodation. Subia, 372 S.W.3d at 48. Subsection 213.065.3 excludes particular places from the ban on discrimination. Under subsection 213.065.3, a place is excluded if it is a:

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Bluebook (online)
396 S.W.3d 387, 2013 WL 427359, 2013 Mo. App. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-washington-university-v-richardson-moctapp-2013.