Stanford v. Halloway et al
Filing
14
MEMORANDUM OPINION (c/m to Plaintiff 3/20/17 sat). Signed by Judge Deborah K. Chasanow on 3/20/2017. (sat, Chambers)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
FERNANDO R. STANFORD
:
v.
:
Civil Action No. DKC 16-1355
:
JIM HALLOWAY, et al.
:
MEMORANDUM OPINION
Presently pending and ready for resolution in this case is
the motion to dismiss filed by Defendants Jim Alloway, Frank
Phillips,
Diehl,
Ron
Jimenez,
Chris
Sean
O’Kane,
Fox,
Jr.,
Don
Thompson,
Carolyn
Dennis
Yelle,
and
Daniel,
Vander
Mark
United
(collectively, “Defendants”).
Line,
Nathaniel
Laurie
Scarberry,
Roque,
Coppola,
Michelle
Schutzhund
(ECF No. 9).
Clubs
Mike
Pedro
Scarberry,
of
America
The issues have
been briefed, and the court now rules, no hearing being deemed
necessary.
Local Rule 105.6.
For the following reasons, the
motion to dismiss will be granted.
I.
Background1
Defendant United Schutzhund Clubs of America (“Schutzhund”)
is a non-profit organization related to German Shepherd dogs.
(ECF No. 1 ¶¶ 5-7).
1
Plaintiff Fernando Stanford (“Plaintiff”)
Unless otherwise noted, the facts outlined here are set
forth in the complaint and construed in the light most favorable
to Plaintiff.
was a member of the local chapter of Schutzhund in New Windsor,
Maryland.
(Id. ¶¶ 6-7).
In May 2015, Plaintiff’s membership
was terminated after he competed at the National Championship of
the
AKC
German
competing
notified
members
States.
Shepherd
Dog
organization.
Plaintiff
from
(Id.).
(Id.
that
joining
a
Club
¶
of
7).
Schutzhund
competing
America
(“GSDCA”),
Defendant
had
a
Sean
policy
organization
in
a
O’Kane
prohibiting
the
United
After discovering Plaintiff’s participation in
the GSDCA competition, Defendants terminated his membership and
refunded his dues.
Plaintiff,
(Id.).
proceeding
pro
se,
filed
this
suit
against
Schutzhund and various members of its board of directors on May
5, 2016, alleging a violation of Title II of the Civil Rights
Act of 1964, 42 U.S.C. § 2000a (“Title II”).
(ECF No. 1 ¶ 1).
Title II prohibits discrimination on the basis of race, color,
religion, or national origin in places of public accommodation.
42
U.S.C.
§
2000a(a).
Plaintiff
alleges
that
Defendants’
purported reason for terminating his membership - violation of
the policy on competing organizations - is a pretext for racial
discrimination, and that his membership was actually terminated
because of his Hispanic heritage.
(ECF No. 1 ¶ 8).
According
to the complaint, there are at least five Caucasian members of
Schutzhund
who
were
also
members
memberships have not been terminated.
2
of
the
(Id.).
GSDCA
but
whose
Defendants filed
the
pending
motion
to
dismiss
on
July
19.
(ECF
No.
9).
Plaintiff responded (ECF No. 12), and Defendants replied (ECF
No. 13).
II.
Standard of Review
The arguments Defendants raise in their motion implicate
multiple standards of review.
First, Defendants’ argument that
Plaintiff failed to exhaust administrative remedies is analyzed
under Fed.R.Civ.P. 12(b)(1) because it could deprive this court
of jurisdiction to hear Plaintiff’s claims.
Group, Ltd., 551 F.3d 297, 300 (4th
“questions
of
subject
matter
Jones v. Calvert
Cir. 2009).
jurisdiction
must
Generally,
be
decided
‘first, because they concern the court’s very power to hear the
case.’”
Owens-Illinois, Inc. v. Meade, 186 F.3d 435, 442 n.4
(4th Cir. 1999) (quoting 2 James Moore, et al., Moore’s Federal
Practice § 12.301 (3d ed. 1998)).
The plaintiff always bears the
burden
subject
of
demonstrating
that
properly exists in federal court.
matter
jurisdiction
See Evans v. B.F. Perkins
Co., a Div. of Standex Int’l Corp., 166 F.3d 642, 647 (4th Cir.
1999).
Dismissal for lack of subject matter jurisdiction is
appropriate “only if the material jurisdictional facts are not
in dispute and the moving party is entitled to prevail as a
matter of law.”
Id. (citation omitted).
Second, Defendants argue that the complaint fails to state
a plausible claim for relief under Fed.R.Civ.P. 12(b)(6).
3
The
purpose of a motion to dismiss under Rule 12(b)(6) is to test
the
sufficiency
of
the
complaint.
Presley
Charlottesville, 464 F.3d 480, 483 (4th Cir. 2006).
v.
City
of
A complaint
need only satisfy the standard of Rule 8(a), which requires a
“short and plain statement of the claim showing that the pleader
is entitled to relief.”
Fed.R.Civ.P. 8(a)(2).
“Rule 8(a)(2)
still requires a ‘showing,’ rather than a blanket assertion, of
entitlement to relief.”
544, 555 n.3 (2007).
Bell Atl. Corp. v. Twombly, 550 U.S.
That showing must consist of more than “a
formulaic recitation of the elements of a cause of action” or
“naked
assertion[s]
devoid
of
further
factual
enhancement.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citations omitted).
At this stage, all well-pleaded allegations in the complaint
must be considered as true, Albright v. Oliver, 510 U.S. 266,
268 (1994), and all factual allegations must be construed in the
light
most
favorable
to
the
plaintiff.
See
Harrison
v.
Westinghouse Savannah River Co., 176 F.3d 776, 783 (4th Cir.
1999) (citing Mylan Labs., Inc. v. Matkari, 7 F.3d 1130, 1134
(4th Cir. 1993)); Brockington v. Boykins, 637 F.3d 503, 505-06
(4th Cir. 2011).
“[W]here the well-pleaded facts do not permit
the court to infer more than the mere possibility of misconduct,
the complaint has alleged, but it has not ‘show[n] that the
pleader
is
entitled
to
relief.’”
(quoting Fed.R.Civ.P. 8(a)(2)).
Iqbal,
556
U.S.
at
679
Thus, “[d]etermining whether a
4
complaint states a plausible claim for relief will . . . be a
context-specific task that requires the reviewing court to draw
on its judicial experience and common sense.”
Generally,
pro
se
pleadings
are
Id.
liberally
construed
and
held to a less stringent standard than pleadings drafted by
lawyers.
Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quoting
Estelle v. Gamble, 429 U.S. 97, 106 (1976)); Haines v. Kerner,
404 U.S. 519, 520 (1972).
Liberal construction means that the
court will read the pleadings to state a valid claim to the
extent that it is possible to do so from the facts available; it
does not mean that the court should rewrite the complaint to
include claims never presented.
1128, 1132 (10th Cir. 1999).
Barnett v. Hargett, 174 F.3d
That is, even when pro se litigants
are involved, the court cannot ignore a clear failure to allege
facts that support a viable claim.
Weller v. Dep’t of Soc.
Servs., 901 F.2d 387, 391 (4th Cir. 1990); Forquer v. Schlee, No.
RDB–12–969, 2012 WL 6087491, at *3 (D.Md. Dec. 4, 2012) (“[E]ven
a pro se complaint must be dismissed if it does not allege a
plausible claim for relief.” (citation and internal quotation
marks omitted)).
III. Analysis
Defendants
dismissed
first
because
he
argue
failed
that
to
Plaintiff’s
allege
procedural prerequisites of § 2000a-3(c).
5
that
claim
he
has
must
met
be
the
(ECF No. 9-1, at 7-
8).
A
plaintiff
bringing
an
action
under
Title
II
is
not
required to exhaust administrative remedies, see 42 U.S.C. §
2000a-6(a), but, in a state that has both laws prohibiting the
alleged discriminatory conduct and state authorities that can
provide
relief
from
such
conduct,
“no
civil
action
may
be
brought under [Title II] before the expiration of thirty days
after written notice of such alleged act or practice has been
given to the appropriate State or local authority,” id. § 2000a3(c).
See also Crumb v. McDonald’s Corp., No. DKC-15-1719, 2016
WL 759213, at *8 (D.Md Feb. 26, 2016).
Maryland law prohibits
discrimination on the basis of race in public accommodations;
therefore, Plaintiff was required to provide notice to the state
authority,
See
Md.
the
Code,
Maryland
State
Commission
Gov’t
§§
on
Civil
20-304,
Rights
20-1004;
(“MCCR”).
Barton
v.
Thompson, No. HAR-95-2154, 1995 WL 860632, at *2 (D.Md. Nov. 28,
1995).
Plaintiff’s complaint does not allege that he provided any
such
notice
to
MCCR.
Plaintiff
does
not
allegation is missing from his complaint.
dispute
that
this
In his opposition to
the motion, however, he maintains that he did “contact the local
office on discrimination only to be told there was nothing they
could do.”
(ECF No. 12, at 3).
“[I]t is axiomatic that the
complaint may not be amended by the briefs in opposition to a
motion
to
dismiss.”
Mylan
Labs.,
6
Inc.
v.
Akzo,
N.V.,
770
F.Supp. 1053, 1068 (D.Md. 1991) (quoting Car Carriers, Inc. v.
Ford Motor Co., 745 F.2d 1101 (7th Cir. 1984)); see Zachair Ltd.
v. Driggs, 965 F.Supp. 741, 748 n.4 (D.Md. 1997) (stating that
the plaintiff “is bound by the allegations contained in its
complaint and cannot, through the use of motion briefs, amend
the
complaint”),
Therefore,
aff’d,
“failure
prerequisites
in
141
to
their
F.3d
plead
the
Complaint
dismiss their Title II claim.”
(4th
1162
proper
is
a
Cir.
1998).
jurisdictional
sufficient
basis
to
Barton, 1995 WL 860632, at *2
(holding that a plaintiff who proved she had complied with §
2000a-3(c)
response
by
in
attaching
opposition
a
copy
had
of
not
her
MCCR
met
the
letter
to
her
jurisdictional
requirements because it was not attached to her complaint).
Even if Plaintiff were able to amend his complaint to cure
the jurisdictional defects, however, he has failed to state a
claim upon which relief can be granted.
to a “place” of public accommodation.
Title II only applies
See 42 U.S.C. 2000a.
An
entity only qualifies as a “place” of public accommodation under
the statute if it fits into certain enumerated categories.
42 U.S.C. 2000a(b).
See
Plaintiff attempts to apply Title II to
Schutzhund under the provision for “any motion picture house,
theater, concert hall, sports arena, stadium or other place of
exhibition or entertainment.”
2000a(b)(3)).
Although
Title
(ECF No. 1 ¶ 9; see 42 U.S.C. §
II
7
refers
to
“establishments,”
Plaintiff
contends
that
Schutzhund
qualifies
as
a
public
accommodation because “they hold events that are open to the
public and for the entertainment of the public.”
(ECF No. 1 ¶
9).
Courts have emphasized that typically “‘places of public
accommodation’
structures.”
are
limited
to
actual,
physical
places
and
Noah v. AOL Time Warner, Inc., 261 F.Supp.2d 532,
541 (E.D.Va. 2003), aff’d No. 03-1770, 2004 WL 602711, at *1 (4th
Cir. 2004).
In claims against membership organizations like
Schutzhund, courts have focused on whether the organization was
“closely connected to a particular facility.”
Welsh v. Boys
Scouts of America, 993 F.2d 1267, 1269 (7th Cir. 1993); see also
Staley v. Nat’l Capital Area Council, Boy Scouts of America, No.
RWT-10-2768, 2011 WL 2416724, at *9-10 (D.Md. June 9, 2011)
(applying Welsh to the public accommodations provisions of the
Americans
with
Disabilities
membership
organization
can
Act
only
and
become
emphasizing
a
place
that
of
a
public
accommodation “to the extent that it operates or leases a place
of public accommodation”).
Therefore, Title II only applies to
organizations “when entry into a facility open to the public is
depend[ent]
on
membership
in
the
organization
governing
the
facility.”
Clegg v. Cult Awareness Network, 18 F.3d 752, 755
(9th Cir. 1994) (citing Sullivan v. Little Hunting Park, Inc.,
396 U.S. 229 (1969)).
Plaintiff has not alleged that Schutzhund
8
owned,
with
leased,
any
operated
facility.
or
was
otherwise
Indeed,
neither
“closely
the
connected”
complaint
nor
Plaintiff’s response in opposition include any reference to any
physical space.
Accordingly, his pleading fails to state a
claim under Title II upon which relief could be granted.
In this instance, there is no reason to permit leave to
amend.
Not only has Plaintiff failed to suggest that Defendants
maintained any physical place themselves, but he also refers to
events
being
membership
open
in
the
to
the
club
public
is
a
and
does
not
prerequisite
to
contend
that
attendance.
Therefore, leave to amend will be denied.
IV.
Conclusion
For the foregoing reasons, the motion to dismiss filed by
Defendants will be granted.
A separate order will follow.
/s/
DEBORAH K. CHASANOW
United States District Judge
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