Also known as: private clubs
Written by attorneys · grounded in primary & secondary sources — see below
An organization or establishment not in fact open to the public. Such an entity may limit the rental or occupancy of its noncommercial lodgings to members and may give preference to members without violating fair housing prohibitions on discrimination.
The Lakeside Fellowship owns a lakeside cabin used only for member retreats. When a nonmember family inquires about renting the cabin for a weekend, the club refuses. The refusal is permitted because the club is not open to the public and the lodging serves a noncommercial purpose.
The owners of the Heart of Atlanta Motel argue that their establishment qualifies as a private club exempt from Title II. The court rejects the claim because the motel advertises to the general public and accepts any paying guest without membership requirements.
Select any source to read its text and confirm it supports the definition.
Ambler Realty challenges Euclid's zoning ordinance that places private clubs in the U-3 district alongside apartments and hotels. The ordinance treats the club as a permitted use in that classification, allowing the facility to operate without additional variance.
The Boy Scouts revoke Dale's membership after learning he is gay. Dale sues under a state public accommodations law. The Court holds that forcing his readmission would significantly burden the organization's expressive message about sexual conduct.
Cleburne Living Center seeks a special use permit for a home for the mentally retarded in an R-3 zone. The city grants permits without special review for private clubs and fraternity houses but demands one for the group home. The differential treatment triggers equal protection scrutiny.
Boraas and other college students rent a house in Belle Terre. The village ordinance limits occupancy to families or no more than two unrelated persons. The students challenge the rule as applied to their shared rental. The Court upholds the zoning restriction on the number of unrelated occupants.
An organization qualifies when it is not in fact open to the public and provides noncommercial lodgings only to members as an incident to its primary purpose. The exemption allows the club to limit rental or occupancy to members without violating the Act's general prohibitions.
Supporting sources
No. Mere licensing and provision of ordinary public services to a private club that discriminates on the basis of race do not transform the club's conduct into governmental action under the Fourteenth Amendment.
Supporting sources
Courts examine whether the organization is selective in membership and imposes genuine limits on the number of persons who may join. If selection criteria track a protected statutory category or the group holds itself out to the public without meaningful limits, it is treated as a public accommodation rather than a private club.
A state may apply such laws when the organization is large and nonselective, recruits openly, and hosts events open to the public. The regulation must serve the compelling interest of eradicating discrimination and must not significantly impair the group's ability to express its message.
…two-family dwellings; U-3 is further extended to include apartment houses, hotels, churches, schools, public libraries, museums, private clubs, community center buildings, hospitals, sanitariums, public playgrounds and recreation buildings, and a city hall and courthouse; U-4 is further extended to include banks, offices, studios,…