From Private Clubs to Parades: How Accommodating are State Laws?

Abstract

This article explores the extent to which private clubs and civic organizations must comply with state laws outlawing discrimination in places of public accommodation. These state laws are oftentimes more detailed in their proscriptions against discrimination than is the federal law. Challenges have arisen in the context of exclusion of women from clubs including: the Jaycees, the Rotary club, the Elks, country clubs, gun clubs and dining clubs. The authors focus on exclusion of a group (the Irish-American, Gay, Lesbian and Bisexual Group of Boston) from a parade sponsored by the group, the South Boston Allied War Veterans Council. The authors examine the theories invoked by both plaintiffs and defendants, and evaluate best practices as well as strategies for avoiding public accommodation lawsuits.