Fishers Adolescent Catholic Enrichment Soc'y, Inc. v. Bridgewater ex rel. Bridgewater

23 N.E.3d 1

FISHERS ADOLESCENT CATHOLIC ENRICHMENT SOCIETY, INC., Appellant/Cross–Appellee (Respondent below)

v.ELIZABETH BRIDGEWATER o/b/o Alyssa BRIDGEWATER, Appellee/Cross–Appellant (Complainant below).

No. 93S02–1310–EX–704.

Supreme Court of Indiana.

Jan. 6, 2015.

David L. Swider, Bryan H. Babb, Bose McKinney & Evans LLP, Indianapolis, IN, Patrick T. Gillen, Naples, Florida, Thomas L. Brejcha, Peter C. Breen, Thomas More Society, Chicago, IL, Attorneys for Appellant.

Nelson A. Nettles, Cynthia E. Lasher, Norris Choplin Schroeder LLP, Indianapolis, IN, Attorneys for Appellee.

Michael C. Healy, Indiana Civil Rights Commission, Indianapolis, IN, Attorney for Amici Curiae.

Opinion

DICKSON, Justice.

The authority of the Indiana Civil Rights Commission is limited to that delegated by statute. Here, in responding to allegations of discrimination arising from an intra-group squabble over the type of meal to be served to a group member's allergic child, the Commission exceeded its authority because the alleged discriminatory practice did not relate to education, a statutory prerequisite for the Commission's exercise of authority.

Fishers Adolescent Catholic Enrichment Society, Inc. (FACES)¹ was formed in 2006 by two Catholic mothers. At the time this dispute arose, FACES was comprised of a group of a dozen or so families who had associated together “to provide homeschool high schoolers with Catholic educational, spiritual, and social enrichment.” Record Vols. 4, 6 at 431, 988. These opportunities included classes in academic subject matter as well as a Right to Life March and social events such as paintball and laser tag, ski trips, and holiday parties. Record Vol. 12 at 255. FACES accepts members from varying faiths, although, at the time this action was brought, only two of the eleven families and one instructor was non-Catholic. Record Vols. 4, 12 at 431, 257 and 259.

In fall 2008, FACES planned an “All Souls' Day Masquerade Ball” dinner-dance social event to coincide with the Catholic feast day of All Souls' Day on November 2.² FACES's intent, motivated by an article in the National Catholic Register, was “to put the focus on [their] Catholic holidays as opposed to the focus of Halloween.” Record Vols. 4, 5 at 443, 694. In planning the event, a FACES member parent, Mrs. Bridgewater, requested special dietary accommodations for her daughter who planned to attend. Her daughter suffers from a dietary condition that can cause a life-threatening allergic reaction in which her ability to breathe and swallow would be impaired or even stopped altogether if she ate certain foods including chicken. When Mrs. Bridgewater learned that the menu for the dinner-dance included chicken, she requested that her daughter be served a steak. After FACES declined that request, Mrs. Bridgewater again requested a steak, offering to pay the price difference, or in the alternative, a hamburger. FACES denied that request as well but granted Mrs. Bridgewater's subsequent request to permit her daughter to bring her own dinner, although there would be no ticket-price adjustment to account for her daughter not needing the included dinner. The dispute continued. On October 8, 2008, Mrs. Bridgewater changed her mind and made another request that her daughter be served a beef meal prepared by the event venue, but was again rebuffed. The next day, Mrs. Bridgewater on behalf of her daughter, filed a complaint with the Commission, alleging FACES refused a reasonable accommodation for her daughter and therefore discriminated against her due to her disability. Ultimately, even although FACES had instructed her not to contact the event venue, Mrs. Bridgewater made arrangements with the event venue for her daughter to be served a separate meal, which she paid for. Her daughter attended the dinner-dance without incident, but four days later on November 6, FACES expelled the Bridgewater family. Mrs. Bridgewater then filed a second complaint with the Commission, alleging FACES expelled the Bridgewater family in unlawful retaliation for filing the disability discrimination claim.

FACES filed a motion to dismiss both the claims on the basis that the Commission did not have subject-matter jurisdiction over FACES under Indiana's Civil Rights Law because FACES was a religious organization—not an educational one as Mrs. Bridgewater claimed. After a hearing, an administrative law judge for the Commission denied the motion to dismiss on the ground that the Commission had jurisdiction because FACES as a group related to education. The Commission affirmed and consolidated the disability and retaliatory discrimination claims for further proceedings. The administrative law judge later entered an order with findings of fact and conclusions of law, concluding that FACES did not commit an unlawful discriminatory practice because it had provided a reasonable accommodation for Mrs. Bridgewater's daughter's dietary needs—but that FACES did commit an unlawful discriminatory practice when it expelled the Bridgewater children after they filed the disability discrimination complaint. The administrative law judge ruled that Mrs. Bridgewater's daughter should be awarded $5,000 in damages and that FACES should take corrective action. Order, Appellant's App'x at 523. Both parties appealed the order to the Commission. FACES challenged the administrative law judge's conclusions regarding jurisdiction, retaliation, and corrective action. The Bridgewaters challenged the administrative law judge's conclusions regarding the disability accommodation and damages. The Commission issued its final order, incorporating the administrative law judge's rulings in all respects, except for reducing damages.

FACES appealed, and Mrs. Bridgewater cross-appealed. The Court of Appeals affirmed in part and reversed in part. See Fishers Adolescent Catholic Enrichment Soc'y, Inc. v. Bridgewater ex rel. Bridgewater, 990 N.E.2d 29, 49 (Ind.Ct.App.2013), trans. granted, vacated. The Court of Appeals reversed the Commission's order requiring FACES to post a link to the Commission's final order on numerous websites but affirmed the Commission's order in all other respects. Id. Having previously granted transfer, we address FACES's dispositive claim that the Commission lacked authority to take any action other than the dismissal of the disability and retaliatory discrimination claims.

The Legislature may delegate authority to an administrative agency through a valid statute that sets out a reasonable standard to guide that discretion, but the agency exercises such authority subject to the confines of its enabling statute. Stanton v. Smith, 429 N.E.2d 224, 228 (Ind.1981). Such limiting standard may be found “within the four corners of the statute itself or can be found within other statutes that apply to the conduct and authority of the administrative unit.” Id. The Commission's authority is limited by the Administrative Orders and Procedures Act, and this Court must grant relief if we determine that “a person seeking judicial relief has been prejudiced by an agency action that is ... in excess of statutory jurisdiction, authority, or limitations.” Ind.Code § 4–21.5–5–14(d)(3).

The Indiana Civil Rights Law explicitly conditions the Commission's exercise of its enforcement powers to incidents where a person has “engaged in an unlawful discriminatory practice.” Ind.Code § 22–9–1–6(j)³ (emphasis added). To be “unlawful” under the Law, the discriminatory practice must relate to “the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit.” Ind.Code § 22–9–1–3(1) (emphasis added). As to these enumerated prerequisite criteria for Commission action, it is only “education” that is the claimed basis of Mrs. Bridgewater's discrimination claims.

There is no factual dispute that the purpose of FACES, as described in its bylaws, is “to provide homeschool high schoolers with Catholic educational, spiritual, and social enrichment.” Record Vol. 6 at 988; see also Record Vol. 12 at 231 (“FACE[S] achieves [its] religious mission by shaping its activities to foster the development of homeschooling families in a manner consistent with the teaching of the Catholic Church on matters of faith and morals.”); Record Vol. 12 at 234 (“The intent of FACES is to provide Catholic homeschooling families with fraternal support and solidarity as Catholic families try to raise their children in light of the Catholic faith.”). As these statements of purpose imply, the predominant purpose of FACES is to promote and foster its member families' Catholic faith in various aspects of their childrens' lives; education is but one aspect. The dinner-dance at which Mrs. Bridgewater contends that FACES failed to accommodate her daughter's food allergy furthered the FACES members' objective of providing Catholic spiritual and social enrichment. It was not an occasion for the teaching of academic subjects as part of the student's curriculum. FACES planned the “All Souls' Day Masquerade Ball” dinner-dance social event to coincide with the Catholic feast day of All Souls' Day on November 2. The alleged disability discrimination thus occurred at a quasi-religious social function, not an educational one. To expansively interpret “relating to ... education,” see Ind.Code § 22–9–1–3(1), to apply to this dinner would convert almost every occasion of parental guidance and training into an activity “related to education.” This would eviscerate the function of “related to education” as a legislative prerequisite for the Commission's enforcement powers.

Because the alleged discriminatory practice in this case does not relate to education, Mrs. Bridgewater's claim of disability discrimination fell outside the statutory authority of the Commission. It likewise follows that the Commission also lacked authority to find that “FACES committed an unlawful discriminatory practice when it expelled the Bridgewater family because of...