FOR IMMEDIATE RELEASE

November 13, 2002

Town Council Approves Settlement of Discrimination Complaint

West Hartford Town Council Approves Settlement of Long Standing Discrimination Complaint

(West Hartford, CT) Last night, the West Hartford Town Council approved in a 5 to 4 vote a settlement of a long-standing discrimination complaint by five unmarried couples who claimed the town treated their families unfairly by withholding a preferential “family” membership rate at the Town’s pool facility, known as the Cornerstone Aquatics Center.  The new policy approved last night allows families and households to enjoy an identical rate and allows all children to use the pool for free.  In addition, the Town paid a portion of the couples’ attorneys’ fees.

“We’re happy this is resolved,” said Mary Bonauto, an attorney from Gay & Lesbian Advocates & Defenders (GLAD), who along with Maureen M. Murphy an attorney from Murphy, Murphy & Nugent, LLC represented the couples.  “Families are no longer just the Ozzie and Harriet model.  The Town’s recognition that there are many types of families who are part of it will benefit and strengthen the whole community.”

The case, Mark Melanson & Michael Antisdale, Ann Levie & Stephen Haynes, Carolyn Gabel & Leslie Brett, Sharon F. Heyman & Barry S. Zitser, Gloria Mengual & Graciela Quinones-Rodriguez v. Town of West Hartford, has been pending since November 1998, when it was first filed in the Connecticut Commission on Human Rights and Opportunities (CHRO) which ruled that the state’s anti-discrimination laws required the Town to provide equal access and pricing for its pool facility.  The case was later removed to the Superior Court where cross-motions for summary judgment were pending.

Each family is a long-term resident of West Hartford and applied for the family rate, but were told because they were not married, they could only join at the far more expensive individual rate.  The settlement announced last night ends any difference in pricing.  The couples argued that the Town wrongly used marital status as a criterion for equal access to a public accommodation, and placed “family” membership out of the reach of same-sex couples who cannot presently marry.  Three of the five couples are in committed same-sex relationships.

“This is a simple issue of fairness,” said Murphy.  “By requiring a marriage license for family membership, the Town defied the anti-discrimination guarantees of state law.”

Maureen Murphy, a solo practitioner in New Haven, has been litigating on behalf of gay men and lesbians in Connecticut since 1989.

Mary Bonauto serves as the Civil Rights Project Director of the New England-wide Gay & Lesbian Advocates & Defenders (GLAD).  Ms. Bonauto’s practice concentrates on impact litigation concerning the rights of gay, lesbian, bisexual and transgender persons.  GLAD is New England’s leading legal rights organization dedicated to ending discrimination based on sexual orientation, HIV status, and gender identity and expression.