The trial for Phi Zeta Delta’s lawsuit against Washington and Lee University has been moved from December to late April.

The fraternity, colloquially known as Phi Delt, is seeking $500,000 in damages over its suspension by the university last year.

The university’s lawyer said Phi Delt does not deserve any money, according to Sept. 16 court filings.

“None of the plaintiff’s categories of damages are available as a matter of law,” wrote Maya Eckstein, an attorney at Hunton Andrews Kurth, a Washington, D.C., law firm that represents Washington and Lee.

Meanwhile, in 2023, students worked on plans to turn 5 Henry St. into a safe space for queer students, which eventually fell through.

The Inter-Fraternity Council (IFC) found Phi Delt responsible for allegations of hazing committed in January 2023, according to the university’s hazing prevention website. The verdict — that Phi Delt would be suspended from campus for five years —  was first released by the IFC in February 2023 and upheld by the University Board of Appeals two months later, according to the website.

As the Phi reported in March, Phi Delt contends that its IFC hazing trial was not administered by the proper conduct body. Phi Delt says that as a local fraternity, the IFC (which is in charge of national fraternities) did not have jurisdiction over it. Phi Delt is requesting a new trial in front of the Student Judiciary Council (SJC), which handles hazing from all organizations outside of the IFC.

The university said in a court filing in February that because of an amendment to the lease, it had grounds to evict Phi Delt based on any conviction from a student conduct board that is a part of the Student Affairs Committee, which includes the SJC and IFC, among others.

The university said last month’s court documents that the fraternity would spend the money it’s seeking on rent and other expenses and would wind up making a profit if the university  is forced to pay, Eckstein wrote.

Phi Delt is seeking compensation in part because it wanted a chance to buy back the fraternity house on Henry Street that it once owned 30 years ago, according to court records. But the university says the lease agreement that was renewed in 2021 did not give the fraternity repurchasing rights.

Eckstein also said Phi Delt is not entitled to money because it is uncertain if it will re-establish the organization on campus in the future.As a result, any claim would be speculative. According to the hazing prevention website, the fraternity may apply in January 2027 to return to campus for the 2027-2028 academic year.

Attorney Paul Beers, who represents Phi Delt, and Eckstein both declined to comment for this story.

Phi Delt hired an expert to assess the value of  the property at  5 Henry St., according to court documents. The university said in a filing that it needs more time to respond to the appraiser’s requests for more information.

The lawsuit was set to go to trial on Dec. 3 in the Rockbridge County Circuit Court, but Eckstien asked the judge for a delay.

Eckstein wrote in the court filings that the university could not be ready for a Dec. 3 trial date. Classes resume the day before, following Thanksgiving Break, leaving little time for many key faculty members and potential student witnesses to prepare for the trial, she said. Dean Kyle McCoil, who serves as the advisor to the IFC, is also not available on Dec. 3, Eckstein wrote.

The judge agreed to delay the trial and scheduled it for April 30 and May 1.

The Current State of 5 Henry St.

The former Phi Delt house now serves as a theme house — without a theme. It is home to 17 students including a Community Assistant, according to Taylor Vild, ’27, a 5 Henry St. resident.

“Right now the house is used for general student housing,” wrote Chris Reid, the director of housing and residence life, in an email to the Phi. “There are currently no plans to establish a theme.”

However, Lauren Hollis, ’25, former president of the Queer Liberation Alliance, had a different plan for the house.

After she heard that the Red House, the center for LGBTQ+ programming at the university, may be torn down, Hollis said she wanted to create a theme house for LGBTQ+ students.

In a recent article from The Columns, a schematic design shows that the area of campus on the corner of Jefferson St. and Washington St., which encompasses the Red House and Corral Parking lot, will be developed into a new Institutional History Museum, which would memorialize important moments in the history of the university.

“[A] survey went out asking for name suggestions and putting them to a vote. ‘Lavender House’ came out as the winner,” Hollis said.

Hollis intended for “Lavender House” to become a center for LGBTQ+ students, and received positive feedback from Reid and others in the residence life office. However, according to Hollis, problems emerged after she started filling out formal theme house paperwork.

“There was also a concern […] about the house being targeted,” Hollis said.

Hollis said that university administration rejected plans for “Lavender House”, giving no specific reasons for the decision.

After the rejection, Hollis started planning to have people who were interested in living in “Lavender House” apply to live in 5 Henry, regardless if the house had a theme or not. 

“We could still fill the house with queer students and allies that wanted to create a safe, affirming space,” Hollis said.

Hollis said that hearing about the positive experience of students who now live at 5 Henry filled her with hope.

“I’m hoping the administration’s concerns around it being ‘too soon’ will fade with the time passing of this year and that we might soon see the queer theme house come to be,” Hollis said.