On June 7, 2018, the Women's Rights Project, the Program on Freedom of Religion and Belief, the ACLU of New Jersey, and Powell & Román, LLC filed an appeal in the U.S. Court of Appeals for the Third Circuit on behalf of Marie Curto, Steve Lusardi, and Diana Lusardi, who faced fines for using their condominium’s pool contrary to the condominium association’s sex-segregated swimming pool hours. The condominium association’s policy limits when residents may use a communal swimming pool based explicitly and exclusively on the residents’ gender, in violation of the Fair Housing Act. The district court upheld the explicitly sex-segregated schedule. On appeal, the Third Circuit reversed the district court's decision.
Third Circuit RulingApril 22, 2019
On April 22nd, 2019 the Third Circuit reversed the District Court decision, ruling that "the Condominium Association is plainly unequal in its allotment of favorable swimming times."