Curto v. A Country Place Condominium Association

A Country Place Condominium Association (the condominium) (plaintiff) established a sex-segregated swimming-pool schedule. The condominium adopted the schedule in response to an increase in residents practicing Orthodox Judaism, under which it was improper to swim with members of the opposite sex. The schedule provided for nearly equal swimming time for each gender and provided for hours during which mixed-gender swimming was permitted. However, despite providing for nearly equal swimming time, the hours for women-only swimming were mostly during working hours. The men-only swimming hours occupied most weekday evenings and weekends. In 2016 Marie Curto and Steve Lusardi (collectively, the residents) (plaintiffs) were fined for violating the sex-segregated schedule. Curto had violated the policy by swimming with her family. Lusardi had violated the policy by swimming with his wife, who had suffered from two strokes and was pursuing pool therapy with Lusardi’s assistance. The residents filed an action in federal district court against the condominium on the ground that the sex-segregated swimming policy violated the Fair Housing Act and multiple state laws. The district court granted the condominium summary judgment on the Fair Housing Act claim on the ground that the policy treated the sexes equally given the equal hours of swimming for men and women. The district court did not assume jurisdiction over the state claims. The residents appealed.