Monday, June 12, 2023

Court Tells Catholic Bookstore to Litigate Over Religious Organization Exception to Nondiscrimination Law

In The Catholic Bookstore, Inc. v. City of Jacksonville, (MD FL, June 9, 2023), a Florida federal district court found that a Catholic bookstore has standing to challenge Jacksonville's Human Rights Ordinance on free speech grounds.  It also concluded that the claim is ripe. The bookstore wants to publicize its policy requiring its staff to address co-workers and customers only by "pronouns and titles that align with the biologically originating sex of the person being referenced...." The city's Ordinance provides in part that it is unlawful to publish, circulate or display any communication indicating that service will be denied, or that patronage is unwelcome from a person because of sexual orientation or gender identity. The court, however, concluded that it is unclear whether the Human Rights Ordinance's religious organization exception applies to the bookstore.  The court went on to deny plaintiff's motion for a preliminary injunction, dismiss plaintiff's complaint without prejudice, and ordered plaintiff to file an amended complaint followed by a motion for summary judgment limited to the religious exception issue so it can resolve that issue before dealing with the rest of the case.