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Case Name Landow v. School Board of Brevard County ED-FL-0004
Docket / Court 6:97-cv-01463 ( M.D. Fla. )
State/Territory Florida
Case Type(s) Education
Case Summary
This case record includes documents from three separately-filed federal lawsuits: Daniels v. Brevard County School Board, Hartley v. Brevard County School Board, and Landow v. Brevard County School Board, filed in that order, in 1997, in the United States District Court for the Middle District of ... read more >
This case record includes documents from three separately-filed federal lawsuits: Daniels v. Brevard County School Board, Hartley v. Brevard County School Board, and Landow v. Brevard County School Board, filed in that order, in 1997, in the United States District Court for the Middle District of Florida .

Daniels, the first case, was filed on September 29, 1997, by a plaintiff on behalf of his two minor daughters; he alleged violations of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. and state law by the School Board. Represented by private counsel, Daniels asked for preliminary injunctive relief to improve the Merritt Island High School ("MIHS") softball field, claiming unlawful discrimination against the girls' softball team, compared to the boys' baseball programs at MIHS.

On November 25, 1997, the Court (District Judge Anne C. Conway) determined that the Board was violating Title IX and state law and granted plaintiff's request for a preliminary injunction. In its Order, the Court identified specific inequalities, including electronic score-board, batting cage, bleachers, signs, bathroom facilities, concession stand/press box/announcer's booth, and field lighting. Without entering an injunction that day, the Court directed the parties to submit plans describing proposed remedies to the deficiencies it had identified. Daniels v. Sch. Bd. of Brevard Cnty., 985 F.Supp. 1458 (M.D. Fla. 1997).

Before responses to the Court's November 25th order were due, on December 4, 1997, the Daniels plaintiff joined with other parents who, on behalf of their minor daughters and others similarly situated and represented by private counsel, filed the Landow action, a separate class action suit under Title IX and state law, challenging SBBC's treatment of girls' softball, county-wide. In this second suit, plaintiffs complained, inter alia, of the fact that three of the ten high schools in Brevard County had boys' baseball fields, but no girls' softball fields.

On December 9, 1997, Daniels amended his earlier-filed complaint, adding class action allegations, seeking to make his daughters representatives of a class of those similarly situated.

Finally, the Hartley action was filed on December 10, 1997, by another group of plaintiffs on behalf of their minor daughters and others similarly situated, also under Title IX and state law. This third lawsuit also challenged SBBC's treatment of girls' softball on a county-wide basis.

Back in the Daniels case, on December 23, 1997, the Court (Judge Conway) entered the promised preliminary injunction against the Board. Noting that, as a result of the Landow and Harley cases, the Title IX focus had expanded from the softball facilities at one high school to girls' softball programs throughout Brevard County; that these cases presumably sought to force, inter alia, the construction of softball fields at three other high schools; and that the potential financial impact on the School Board had been "dramatically alter[ed];" the Court could not reasonably determine the amount of additional funds the Board should be required to expend to remedy the inequities at MIHS. Accordingly, with the exception of lighting on the MIHS girls' softball field, which SBBC had already committed to install, the Court imposed only injunctive measures that did not require additional funding, including making changes to signage and improving girls' access to extant facilities and equipment. Daniels v. Sch. Bd. of Brevard Cnty., 995 F.Supp. 1394 (M.D. Fla. 1997). On April 22, 1998, the Court (Judge Conway) granted Daniels' attorneys' interim fees totaling $15,958.12.

In the meantime, on January 5, 1998, Judge Conway ordered Hartley and Landow temporarily consolidated, to decide whether either or both should be accorded class treatment. On April 24, 1998, Judge Conway denied the motion for class certification in Hartley and dismissed it (without prejudice). At the same time, Judge Conway granted class certification in Landow and ordered it consolidated with Daniels for all purposes, including trial, with all future pleadings and papers to be filed only in Landow.

The Court (Judge Conway) awarded plaintiffs' counsel an additional $2,437.50 in interim attorneys' fees on May 19, 1998.

Nearly two years passed, and, due to improved conditions at Brevard County high schools, on March 30, 2000, the parties filed a joint stipulation, substantially narrowing their dispute to conditions at just two of them.

On September 12, 2000, Judge Conway ordered that the order and preliminary injunction entered on December 23, 1997 be dissolved; that Daniels be closed; and that any remaining issues in Daniels, including attorneys' fees, be addressed in Landow.

On December 15, 2000, following a bench trial, the Court (Judge Conway) ordered that SBBC had violated Title IX and state law by virtue of disparities between the boys' baseball and girls' softball programs at the two high schools at issue. As a result, the Court determined that plaintiffs were entitled to injunctive relief and directed the parties to submit a joint plan for remedying the inequalities identified in the Court's order, or, if they could not reach agreement, to file separate proposals. Landow v. Sch. Bd. of Brevard County, 132 F.Supp.2d 958 (M.D. Fla. 1997). In accordance with this direction, on March 5, 2001, the parties submitted a stipulated joint plan, under which new softball fields were to be constructed at the two high schools at issue. These fields and their associated amenities were to be substantially equivalent to those provided to the boys' baseball teams at those high schools. On March 7, 2001, Judge Conway approved this plan, and permanently enjoined defendants to carry it out. The case was closed.

Heather Turner - 06/01/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Goals and Timekeeping
Preliminary relief granted
Defendant-type
Elementary/Secondary School
Discrimination-basis
Sex discrimination
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
State law
Defendant(s) School Board of Brevard County
Plaintiff Description Plaintiff parents, on behalf of their minor daughter students and all others similarly situated
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2001 - 2001
Case Closing Year 2001
Case Ongoing Unknown
Additional Resources
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Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Links Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance
http://www2.ed.gov/about/offices/list/ocr/index.html
Posted: Sep. 17, 2008
By: United States Department of Education—Office of Civil Rights (U.S. Department of Justice)
[ Detail ] [ External Link ]

Docket(s)
6:97−cv−01186 (M.D. Fla.) 09/12/2000
ED-FL-0004-9003.pdf | Detail
PACER [Public Access to Court Electronic Records]
6:97−cv−01463 (M.D. Fla.) 05/22/2003
ED-FL-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
6:97−cv−01492 (M.D. Fla.) 02/05/2004
ED-FL-0004-9002.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Granting Preliminary Injunction 11/25/1997 (985 F.Supp. 1458) (M.D. Fla.)
ED-FL-0004-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
First Amended Class Action Complaint; Injunctive Relief 12/08/1997
ED-FL-0004-0007.pdf | Detail
Order and Preliminary Injunction 12/23/1997 (995 F.Supp. 1394) (M.D. Fla.)
ED-FL-0004-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Dissolving Preliminary Injunction] 09/12/2000 (M.D. Fla.)
ED-FL-0004-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order [To Enter Joint Plan] 12/15/2000 (132 F.Supp.2d 958) (M.D. Fla.)
ED-FL-0004-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Order and Permanent Injunction 03/07/2001 (2001 WL 311307 / 2001 U.S.Dist.LEXIS 7155) (M.D. Fla.)
ED-FL-0004-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order & Opinion [Granting in Part and Denying in Part Defendants' Motion for Extension of Deadlines Set Forth in Preliminary Injunction] 03/27/2001 (2001 WL 311311 / 2001 U.S.Dist.LEXIS 7156) (M.D. Fla.)
ED-FL-0004-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: LexisNexis
Order [Mooting Plaintiffs' Motion for Attorney's Fees] 02/08/2002 (M.D. Fla.)
ED-FL-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Baker, David A. (M.D. Fla.) [Magistrate]
ED-FL-0004-9000
Conway, Anne C. (M.D. Fla.)
ED-FL-0004-0001 | ED-FL-0004-0002 | ED-FL-0004-0003 | ED-FL-0004-0003 | ED-FL-0004-0004 | ED-FL-0004-0005 | ED-FL-0004-0006 | ED-FL-0004-0008 | ED-FL-0004-9000 | ED-FL-0004-9002 | ED-FL-0004-9003
Glazebrook, James G. (M.D. Fla.) [Magistrate]
ED-FL-0004-9002
Spaulding, Karla R. (M.D. Fla.) [Magistrate]
ED-FL-0004-9000 | ED-FL-0004-9002
Monitors/Masters None on record
Plaintiff's Lawyers Roberts, Charles J. (Florida)
ED-FL-0004-9002
Tietig, Mark E. (Florida)
ED-FL-0004-9000 | ED-FL-0004-9003
Tietig, Lisa Kuhlman (Florida)
ED-FL-0004-0007 | ED-FL-0004-9000
Zebersky, Edward H. (Florida)
ED-FL-0004-9002
Defendant's Lawyers Bell, Michael M. (Florida)
ED-FL-0004-9000
Bowling, Michael H. (Florida)
ED-FL-0004-9000
Slater, Jeffrey Graham (Florida)
ED-FL-0004-9000 | ED-FL-0004-9002 | ED-FL-0004-9003
Other Lawyers None on record

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