JimBowie1958
Old Fogey
- Sep 25, 2011
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And yet it is perfectly legfal for me to ahve a private club that only admits red head white males and they only may buy things sold within the club.
But few actually do such crap because it is a pathetic business model.
I agree it's a crappy business model.
However if you are doing it on a for profit basis or as a means of evading public accommodation laws, no it's not perfectly legal.
Anti-Discrimination Laws Applicable to Private Clubs or Not? - FindLaw
Courts interpreting similar statutes have considered the following factors in making that determination:
- the genuine selectivity of the group in the admission of its members;
- the membership's control over the operations of the establishment;
- the history of the organization;
- the use of the facilities by nonmembers;
- the purpose of the club's existence;
- whether the club advertises for members;
- whether the club is profit or nonprofit; and
- the formalities observed by the club (e.g. bylaws, meetings, membership cards, etc.)
.>>>>
Well that club, if it truly wanted to remain all male, should not have admitted the woman, but once in, she should have the same rights as any man. The way around that is to have varying levels of membership defined in the clubs charter. So there would be charter members, the original founders, senior members, voted to said status by existing senior members plus charter members, and then provisional members.
Anyway, the primary points of that article :
The former member argued that the club was a "place of public accommodation" because, among other things, Meadowlands advertised to promote non-member use of its facilities for parties, receptions, fashion shows, and golf and tennis tournaments. Had this argument succeeded, the club would have been found to be a "place of public accommodation" subject to the PHRA's anti-discrimination measures, and the club would have been faced with justifying other allegedly discriminatory practices, such as restricted tee times, voting rights and dining facility access. Because the case settled, a judicial determination of whether the club was in fact a "place of public accommodation" was avoided.
The PHRA defines public accommodation as follows:
The term "public accommodation . . ." means any accommodation . . . which is open to, accepts or solicits the patronage of the general public, including but not limited to inns, taverns, roadhouses, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants or eating houses, or any place where food is sold for consumption on the premises, buffets, saloons, barrooms or any store, park or enclosure where spirituous or malt liquors are sold, ice cream parlors, confectioneries, soda fountains and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises, . . . bathhouses, swimming pools, barber shops, beauty parlors, retail stores and establishments, . . . gymnasiums, shooting galleries, billiard and pool parlors, . . . but shall not include any accommodations which are in their nature distinctly private.
The "public" versus "distinctly private" accommodation distinction makes critical an understanding of what factors courts will consider to determine if a club is public or private for purposes of the PHRA. Courts interpreting similar statutes have considered the following factors in making that determination:
Other states have rendered or attempted to render this analysis moot by enacting anti-discrimination laws that specifically apply to private clubs. These states include New Jersey, New York, Maryland, and Connecticut.
The PHRA defines public accommodation as follows:
The term "public accommodation . . ." means any accommodation . . . which is open to, accepts or solicits the patronage of the general public, including but not limited to inns, taverns, roadhouses, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants or eating houses, or any place where food is sold for consumption on the premises, buffets, saloons, barrooms or any store, park or enclosure where spirituous or malt liquors are sold, ice cream parlors, confectioneries, soda fountains and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises, . . . bathhouses, swimming pools, barber shops, beauty parlors, retail stores and establishments, . . . gymnasiums, shooting galleries, billiard and pool parlors, . . . but shall not include any accommodations which are in their nature distinctly private.
The "public" versus "distinctly private" accommodation distinction makes critical an understanding of what factors courts will consider to determine if a club is public or private for purposes of the PHRA. Courts interpreting similar statutes have considered the following factors in making that determination:
- the genuine selectivity of the group in the admission of its members;
- the membership's control over the operations of the establishment;
- the history of the organization;
- the use of the facilities by nonmembers;
- the purpose of the club's existence;
- whether the club advertises for members;
- whether the club is profit or nonprofit; and
- the formalities observed by the club (e.g. bylaws, meetings, membership cards, etc.).
Other states have rendered or attempted to render this analysis moot by enacting anti-discrimination laws that specifically apply to private clubs. These states include New Jersey, New York, Maryland, and Connecticut.