Schwarz v. Villages Charter Sch., Inc., Case No. 5:12-cv-177-Oc-34PRL

Decision Date01 October 2015
Docket NumberCase No. 5:12-cv-177-Oc-34PRL
PartiesLOUIS SCHWARZ, et al., Plaintiffs, v. THE VILLAGES CHARTER SCHOOL, INC., d/b/a The Villages Lifelong Learning College, et al., Defendants.
CourtU.S. District Court — Middle District of Florida
ORDER

THIS CAUSE comes before the Court as a disability discrimination action brought pursuant to Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131, et seq., the Fair Housing Act ("FHA"), 42 U.S.C. § 3603, et seq., and section 504 of the Rehabilitation Act ("RA"), 29 U.S.C. § 794, et seq. Plaintiffs are thirty-two deaf persons1 who are residents of The Villages, a retirement community located in Florida. On October 18,2013, Plaintiffs filed a Third Amended Complaint (Doc. 93; Complaint) against Defendants, the Village Center Community Development District, Sumter Landing Community Development District, and The Villages Charter School, Inc. d/b/a/ The Villages Lifelong Learning College, generally asserting that Defendants have failed to provide sign language interpreters or other reasonable accommodations so that Plaintiffs can fully enjoy and participate in Defendants' programs, activities, and services. See generally Complaint. The matter is presently before the Court on Defendants, the Village Center Community Development District and Sumter Landing Community Development District's Motion for Summary Judgment, with Incorporated Memorandum of Law (Doc. 131; Motion), filed on March 14, 2015, and Defendant, The Villages Charter School, Inc. d/b/a the Villages Lifelong Learning College's Motion for Summary Judgment and Memorandum of Law (Doc. 132; Motion), filed on March 16, 2015. On April 13, 2015, Plaintiffs filed Plaintiffs' Memorandum of Law in Opposition to Defendants, the Districts' Motion for Summary Judgment (Doc. 140; Response) and Plaintiffs' Memorandum of Law in Opposition to Defendant, The Villages Charter School Inc.'s Motion for Summary Judgment (Doc. 141; Response).2

On September 2, 2015, the Court held the Final Pretrial Conference, during which the Court heard oral argument by counsel on the Motions for Summary Judgment, see Clerk's Minutes (Doc. 177; Clerk's Minutes). At the Final Pretrial Conference, the Court orderedsupplemental briefing from Plaintiffs and Defendant The Villages Charter School, Inc. Id. As such, at the Court's direction, Defendant The Villages Charter School, Inc., filed Defendant, The Villages Charter School, Inc., d/b/a The Villages Lifelong Learning College's Supplemental Briefing in Support of its Motion for Summary Judgment and Incorporated Memorandum of law (Doc. 179; Defendant's Supplement) and Plaintiffs filed Plaintiffs' Supplemental Brief (Doc. 180; Plaintiffs' Supplement). Accordingly, the matter is ripe for review.

I. Defendants, the Village Center Community Development District and Sumter Landing Community Development District's Motion for Summary Judgment, with Incorporated Memorandum of Law (Doc. 131)
A. Background

The Villages is a residential community designed and managed for retired residents aged 55 and older. It has over 100,000 residents and over 50,000 single-family homes. See Affidavit of Deborah Franklin ¶ 2 (Doc. 131-2; Franklin Aff.). The Villages is comprised of 15 community development districts, which are governmental entities created pursuant to Florida Statute section 190.01, et seq. See Affidavit of Janet Y. Tutt ¶ 3 (Doc. 131-1; Tutt Aff.).3 The defendants in this action, the Village Center Community Development District("the VCCDD") and Sumter Landing Community Development District ("SLCDD") (together, "the Districts"), are the two primary residential districts in The Villages.

1. The Village Center Community Development District and Sumter Landing Community Development District

Both the VCCDD and SLCDD are local units of a special purpose government. Tutt Aff. ¶ 3. As such, the Districts must adhere to the same Florida Statutes and Administrative Codes as any municipality. Id. Janet Tutt ("Tutt") is the District Manager for the Districts and an employee of the VCCDD. Id. ¶ 2. As District Manager, Tutt is the Chief Operating Officer for the Districts and is appointed by the VCCDD Board of Supervisors, which is elected by landowners in The Villages. Id. ¶ 7. As the governmental structure of the Districts is similar to that of a Florida city, Tutt's position is "essentially equivalent of that of a City Manager[,]" making her the Districts' decision-maker. Motion at 4.

The Districts are not to be confused with the Developer of The Villages, The Villages of Lake Sumter, Inc. Tutt Aff. ¶ 4. As a for-profit corporation, the Developer is a private entity and is the entity that sells homes to residents of The Villages. Id.

2. The Districts' Recreation Department

The Districts have numerous departments, which include, but are not limited to, Human Resources, Public Safety, Finance, Property Management, and Recreation. Tutt Aff. ¶ 3; Exhibit A to Tutt Affidavit (Doc. 131-1; Tutt Aff., Ex. A). Through the Recreation Department, the Districts provide a vast array of recreational facilities for use by residents and their guests and which include 33 executive golf courses, 45 Neighborhood Recreational Centers, 23 Village Recreational Centers, and 9 Regional Recreational Centers. Tutt Aff.¶¶ 8-9; see also Exhibit C to Tutt Affidavit (Doc. 131-1, Exhibit C; Tutt Aff., Ex. C). The Recreation Department also provides residents with over 70 pools, numerous tennis and pickle ball courts, and many other facilities. Tutt Aff. ¶ 8. The Districts' Recreation Department has approximately 483 employees, the majority of whom work at recreation centers throughout The Villages. See Affidavit of John B. Rohan ¶ 3 (Doc. 131-5; Rohan Aff.).

3. The Amenities Fees

All property owners in The Villages pay a monthly amenities fee, which is set forth in the Declaration of Restrictions applicable to each resident's property. Tutt Aff. ¶ 5; see also Exhibit B to Tutt Affidavit at 4 (Doc. 131-1, Exhibit B; Tutt Aff., Ex. B). The Declaration of Restrictions provides that "[t]he Developer or its designee shall perpetually provide the recreational facilities" and that "[e]ach Owner hereby agrees to pay the Developer, or its designee, a monthly fee or charge ('Amenities Fee') against each Lot for [the recreational] services described . . . above[.]" See Tutt Aff., Ex. B ¶¶ 4.1(a), 4.2. The Districts, through issuance of bonds, purchase the Amenities Fee revenue stream and related infrastructure from the Developer. Tutt Aff. ¶ 6. Thus, the designee referenced above in the Declaration of Restrictions is the Districts after the transfer of the Amenities Fee revenue stream. Id.; see also Deposition of John Rohan dated July 17, 2014 at 37-38 (Doc. 144-5; Rohan Dep. II) (testifying that "The Villages pay [A]menities [F]ees" and that "those [A]menities [F]ees ultimately go to the [D]istricts"). Approximately 93% of the VCCDD's revenue comes from Amenities Fees. Tutt Aff. ¶ 6.

The Amenities Fees paid by homeowners in The Villages are used for Recreation Department facilities, as well as non-structural expenditures including the volunteer appreciation event, parades, and social events. See Deposition of John Rohan dated June 27, 2014 at 32 (Doc. 144-4; Rohan Dep. I); Deposition of Janet Tutt dated January 29, 2015 at 12 (Doc. 144-3; Tutt Dep. II); Rohan Dep. II at 38. The Amenities Fees also pay for handicap ramps for the various recreational facilities. Tutt Dep. II at 18-19. The allocation of the Amenities Fees are structured this way because the Districts own the Recreation Department facilities, and the purpose of the revenue stream is to operate and maintain those facilities for the benefit of the residents. Id. at 19.4

4. The Resident Lifestyle Groups

The Resident Lifestyle Groups ("RLG" or "RLGs") are the predominant users of the Recreation Department facilities. Tutt Aff. ¶ 9. The RLGs are comprised of over 2,000 clubs covering a wide range of interests such as card clubs, education clubs, numerous and varied exercise clubs, multiple AA support groups, college alumni groups, theatrical and musical groups, and much more. See Company Listing Report (Detail) (Doc. 131-40). RLGs are created by "resident volunteers", also called "group leaders" (hereinafter referred to as "RLG volunteer(s)"). Tutt Aff. ¶ 10. Only residents of The Villages are permitted to become RLG volunteers and to create RLGs. Rohan Aff. ¶ 4; see also Deposition of Pam Henry at 21 (Doc. 144-1; Henry Dep.). Likewise, only residents of The Villages are able to join RLGs as members. Henry Dep. at 41; Tutt Dep. I at 49. Nonresidents may not do so becauseresidents of The Villages pay Amenities Fees, and the Amenities Fees are used to support the RLGs' use of Recreation Department facilities. Henry Dep. at 21-22, 41-42; Tutt Dep. I at 49-50.5 As such, RLGs do not have to pay a rental fee to use the Recreation Department facilities. Tutt Dep. I at 50. The general public and groups from outside The Villages are permitted to use Recreation Department facilities, but are required to pay a rental fee. Id.

i. Formation of a Resident Lifestyle Group

The Recreation Department encourages residents to form RLGs. Tutt Aff. ¶ 11; see Rohan Column ("Many Recreation Changes") (Doc. 144-4, Exhibit 4; Rohan Column ("Many Recreation Changes"));6 Rohan Column ("New year full of new possibilities") (Doc. 144-4, Exhibit 6; Rohan Column ("New year full of new possibilities"));7 Districts' Website Flyer (Doc. 144-1, Exhibit 1; Districts' Website Flyer).8 A resident initiates the application processfor an RLG by completing a Resident Survey Request Form and a Volunteer Application and submitting these documents to the Recreation Department. Henry Dep. at 10; see also Exhibit B to Rohan Affidavit at 3 (Doc. 131-5, Exhibit B; Rohan Aff., Ex. B). The Resident Survey Request Form solicits information including a description of the proposed club, the club's leader, the club's...

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