The seats are equal. There is no quality difference between them.
Ah, but there are two points to address here:
1. The seats in the back can be viewed as inferior on the basis of their location alone.
2. Even if they are truly equal, “separate but equal” was ruled illegal. Separate but equal is inherently unequal.
Why is it legally any different than a gender segregated restroom?
That’s a good question, and I’ll admit that I’m not certain of the answer. However, I will take a guess and state that there is a perception that the maintenance of separate bathrooms is perceived as a public good. Gender-segregated seating on a public accommodation is not viewed that way.
Nonetheless, if you feel that strongly about it, bring the suit in court to make separate bathrooms illegal.
The Wolf