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Drahthaardogs

(6,843 posts)
Sun Jan 21, 2018, 03:07 PM Jan 2018

Interesting Legal Question for Lawyers

So, a club near me leases private fishing ponds and had a club. You must be a veteran to be eligible to join.

My friend was a thalidomide baby and only has 1/2 of a left arm. He says the club is discriminatory to him because due to his disability he could never enlist because he could not pass the physical.

I never thought about it this way, but I think he had a point. What do our legal minds think?

8 replies = new reply since forum marked as read
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Interesting Legal Question for Lawyers (Original Post) Drahthaardogs Jan 2018 OP
Probably not winnable Major Nikon Jan 2018 #1
+1 n/t jaysunb Jan 2018 #3
Do they have a liquor license? dawg day Jan 2018 #8
Not an attorney, but seems the beef would have to be against the military--who CAN discriminate hlthe2b Jan 2018 #2
It is an interesting argument though, right? Drahthaardogs Jan 2018 #4
I guess sort of the "chain reaction" extension of "unintended consequences..." hlthe2b Jan 2018 #7
That's a toughie... forgotmylogin Jan 2018 #5
He is not being discriminated against on the basis of his disability, HopeAgain Jan 2018 #6

Major Nikon

(36,814 posts)
1. Probably not winnable
Sun Jan 21, 2018, 03:15 PM
Jan 2018

Anti-discrimination laws outside the workplace generally only apply to "places of public accommodation" and from what you described this club doesn't fit that description.

dawg day

(7,947 posts)
8. Do they have a liquor license?
Sun Jan 21, 2018, 03:56 PM
Jan 2018

In my state, that's how they struck down most of the "private club" discrimination-- if you wanted a liquor license (granted by the state-- can't sell liquor otherwise), you had to abide by the rules against discrimination in public accommodation.

hlthe2b

(101,701 posts)
2. Not an attorney, but seems the beef would have to be against the military--who CAN discriminate
Sun Jan 21, 2018, 03:16 PM
Jan 2018

against those who have physical limitations. After that, any discrimination based on presence or absence of military service would seem unlikely to prevail. Plenty of "clubs" discriminate based on membership in other organizations--everything from the American Medical Association to the Veterans of Foreign Wars, American Legion, etc. and there are those who do/can legally restrict based on other specific membership factors. Race, ethnicity, gender are the likely illegal factors. I think your example would be unlikely to prevail, as it is secondary to a legal area of discrimination.

Drahthaardogs

(6,843 posts)
4. It is an interesting argument though, right?
Sun Jan 21, 2018, 03:32 PM
Jan 2018

Entrance into a private club based upon a legal discrimination practice. So further discrimination is allowed?

hlthe2b

(101,701 posts)
7. I guess sort of the "chain reaction" extension of "unintended consequences..."
Sun Jan 21, 2018, 03:53 PM
Jan 2018
but as has been pointed out, even if this was a case of club discrimination based on physical limitation (which it isn't), private clubs are exempted from the ADA to begin with. So, I don't see a legal path at all.

forgotmylogin

(7,496 posts)
5. That's a toughie...
Sun Jan 21, 2018, 03:34 PM
Jan 2018

But I think if it's a private veterans' club they are not specifically discriminating against your friend. The club does not make the rules regarding who can enlist in the military. I would suspect there are likely disabled veterans who are in the club (disabled amputees due to their service) so the club is not discriminatory toward your friend specifically due to his physical limitations. In fact, I had an uncle who used to fish like a boss with only one arm.

Therefore, I would suspect his complaint of discrimination should be directed against the military's restrictive policies rather than this club. One could argue the military could allow him to qualify mentally to serve in a non-combat role and still be of service to his country.

To reduce it (possibly ad absurdum), it wouldn't make sense for me to sue the policeman's union for not allowing me to use their services because I was not able to pass the physical fitness test to be a policeman. Or to sue the credit union created specifically for employees of a company that won't let me join because I didn't get hired at that company.

HopeAgain

(4,407 posts)
6. He is not being discriminated against on the basis of his disability,
Sun Jan 21, 2018, 03:50 PM
Jan 2018

plus private clubs are exempt from the public accomodations Article of the ADA. Not a good ADA case.

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