Hollister
– Rovella’s Athletic Club filed a request Wednesday to dismiss a
civil rights suit filed against the business in a dispute over
religious language in the club’s swim team handbook.
Hollister – Rovella’s Athletic Club filed a request Wednesday to dismiss a civil rights suit filed against the business in a dispute over religious language in the club’s swim team handbook.
Andrew and Christine Martinez filed a lawsuit in January alleging that Steve and Lisa Rovella kicked the Martinezes’ son off the Rovella’s Athletic Club competitive swim team for religious reasons. Attorney Gregg L. Kays, who represents the Martinez family, previously told the Free Lance that California Civil Code prohibits businesses from denying services based on religion.
Matthew McReynolds, a Pacific Justice Institute attorney who represents the Rovellas, said his clients never entered into a contract with the Martinez family for their son to participate on the competitive team and have a First Amendment right to say the swim team is a Christian organization.
McReynolds said the Rovellas did not violate the boy’s civil rights.
“We feel that this case represents an extreme effort to expand the civil rights act far beyond what it’s intended,” McReynolds said. “We’re confident that the court will also see it that way.”
Kays declined Thursday to comment on the defendants’ request for dismissal of the lawsuit.
The Martinezes’ son was enrolled in the athletic club’s swim program in 2005. As he progressed, he was invited to join the club’s competitive swim team. The Martinez family was given a team handbook to sign and return, according to the complaint.
The handbook stated that the swim team is a “Christian organization seeking to honor and serve Jesus Christ and we encourage others of different religious beliefs to participate.” The handbook also listed the athletic club’s priorities as “God,” “family,” “school,” and “swimming.”
The Martinez family returned a copy of the handbook with the religious references crossed out and were told their son would not be able to participate if the handbook was not signed as presented, according to the complaint.
“By striking out the language, the parents indicated that there was going to be an air of hostility from the outset,” McReynolds said.
When the family refused to sign the handbook, they were told “they and their son were no longer welcome on the team and that they and their son should go ‘somewhere else,'” according to the lawsuit.
Jan. 23, 2006, was the last day the boy was allowed to practice on the swim team, according to the complaint.
The Rovellas attempted to provide full disclosure to the Martinez family so there wouldn’t be any misunderstandings about the swim team’s environment, McReynolds said.
“They have a basic fundamental disagreement with the way the Rovellas run their business,” McReynolds said.
Kays previously told the Free Lance that the athletic club did not refund his client’s swim team fees.
The family is seeking actual damages of $4,000 and an award for attorneys’ fees, he said.
San Benito County Superior Court Judge Harry Tobias is scheduled to hear the dismissal request on March 28.
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 335 or [email protected].
