Fishers Adolescent Catholic Enrichment v. Elizabeth Bridgewater, et al. - 3/19/13

Back to TopPrintE-mail
Tuesday  March 19, 2013 
10:30 AM  EST

10:30 a.m. 93A02-1202-EX-145. FACES, Inc., is private, non-profit organization formed to provide social and educational opportunities for home-schooled children.  The founders of the organization are Catholic parents and the majority, though not all, of the members are Catholic.  At the time this dispute arose, FACES offered a number of educational courses, none of which related to religion.  FACES also sponsored occasional social events.  In 2008, FACES sponsored a ball, and one of the parents, Elizabeth Bridgewater, requested special dietary accommodations for her child, Alyssa, who planned to attend.  Alyssa suffers from a condition that can cause a life-threatening allergic reaction if she eats certain foods.  The Bridgewaters were unhappy with FACES’ treatment of their daughter’s dietary needs and filed an accommodation complaint with the Indiana Civil Rights Commission (“ICRC”).   Shortly thereafter, the Bridgewaters were expelled from FACES.  They filed an additional complaint with the ICRC, alleging that FACES had retaliated against them due to their filing of the accommodation complaint.

 
FACES moved to dismiss the complaints, arguing that the ICRC did not have jurisdiction over FACES, which it characterized as a religious-based organization.  An ALJ ultimately ruled that the ICRC did have jurisdiction under Indiana’s Civil Rights Law (“ICRL”) because FACES’ functions “relate to” education.  See Ind. Code § 22-9-1-3(1)(4).  The ALJ later ruled on the merits of the Bridgewater’s complaints, concluding that FACES did not commit an unlawful discriminatory practice as to accommodating Alyssa, but did commit an unlawful discriminatory practice when it expelled the Bridgewater family after they filed the accommodation complaint.  The ALJ awarded the Bridgwaters $5000 in damages and ordered FACES to: (1) cease and desist from retaliating against persons because they filed a complaint with the ICRC; (2) post a link to the ALJ’s order on all web sites on which they have communicated information regarding the case; and (3) offer reinstatement of the Bridgewater family to full membership, including all benefits.  Both parties appealed, and the original order was affirmed in all respects, except in that the ALJ decreased the amount of damages to $2500.
 

Both parties now appeal.  The main issues raised on appeal relate to the ICRC’s jurisdiction over FACES and the corrective action FACES was ordered to undertake.  In addition, the parties challenge the ALJ’s conclusions as to accommodation and retaliation, and damages. 

Back to Events
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

ADVERTISEMENT