A tenant of a Brigham Young University-approved off-campus housing complex has enlisted the American Civil Liberties Union of Utah to battle the university over its policy of inspecting non-student apartments.
BYU Off-Campus Housing says the man, whose name the ACLU isn't revealing, violated the school's residential living policy by displaying posters of partially dressed women on his apartment walls. BYU officials conducted a routine exam of the Branbury Park apartments in October. They asked the tenant, who's from California and a Geneva Steel engineer, to remove the three posters by Dec. 13 or face eviction.Kathryn Kendell, ACLU staff attorney, says the search was unconstitutional and violated federal and state fair housing law and the Utah Civil Rights Act.
"To require a religious test for non-BYU students living in off-campus housing is religious discrimination prohibited by the housing laws and the Civil Rights Act," she said.
All residents, student or non-student, of BYU-approved housing sign contracts to abide by principles of the LDS Church and the BYU Honor Code. Alcohol, tobacco, coffee and drugs are prohibited as are gambling, pornography and disorderly and obscene conduct.
Apartment owners agree to set BYU standards at their buildings to attract students, who must live in approved housing. Tenants are subject to housing inspections at which they are present.
"In this particular case, (Off-Campus Housing) saw what they judged to be pornography on the walls and asked the tenant to take it down. Part of the agreement is it will be BYU's discretion as to what's pornographic and what's not," said Brent Harker, BYU spokesman.
A "Survival of the Fittest" poster showed a woman covering her breasts with only her arms. In another, a woman's breasts were partially showing. And in the third, a woman wore a only net bathing suit.
"Once they sign the contract, they're obligated to live up to it," Harker said.
The ACLU contends that the university's moral standards can't be applied to non-students and says BYU must change it policies.
"Just because it's in black and white doesn't mean it's legal," Kendell said. "We think the contract is unenforceable and illegal."
Kendell said the agreement is akin to saying "you can't have African-American or Native American guests over." Most of society would consider that absurd, she said.
The ACLU wants BYU to modify the contract to exclude non-BYU students. Kendell intends to set up a meeting with university officials next week. If the policies do not change by Dec. 13, the tenant's slated eviction day, Kendell said, the ACLU will prepare to go to court. If that occurs, the tenant plans to reveal his name, she said.
Kendell calls BYU's-approved housing practices "economic blackmail." Students and others living in Provo have few choices of dwellings. "It's essentially a contract of coercion," she said.
Tenants, both students and nonstudents, know what they're signing, Harker said. "They go into it informed in advance."