The Catholic University of America says its plan to house men and
women separately will withstand any legal challenge from John Banzhaf,
known for his lawsuits over fast food and women's bathrooms.
In a June 21 statement provided to CNA, the university said it “has
not received service of any legal proceedings from Professor John
Banzhaf regarding the University’s plan to phase in single-gender
residence halls.”
Earlier this week, a Fox affiliate in the District reported that
Prof. Banzhaf had issued the school an “intent-to-sue” notice because of
the plan. The university, however, says it is still waiting to “review
any legal documents if and when they are received.”
Banzhaf – whose own website notes that he has been called “the Ralph
Nader of Junk Food” and the “Osama bin Laden of Torts,” as well as the
“Father of Potty Parity” (for his lawsuits over restroom access) – said
he would sue the university for violating the District of Columbia's
Human Rights Act.
The George Washington University law professor claims to have won
more than 100 legal actions under that law, which he argues “prohibits
any discrimination based directly or indirectly upon sex unless it is
strictly necessary for the entity to remain in business.”
Although the law in question does prohibit institutions from
discriminating on the basis of sex, it does so for the stated purpose of
ensuring that “every individual shall have an equal opportunity to
participate fully … in places of public accommodation, resort or
amusement, in educational institutions, in public service, and in
housing and commercial space accommodations.”
The university said on Tuesday that it was “confident that the law
does not require men and women be housed together in residence halls.”
University president John Garvey announced earlier this month that
the college would be phasing out co-ed housing due to concerns about
students' drinking and sexual behavior, as part of an effort to
strengthen the school's Catholic identity.