Also known as: social clubs · private club
Written by attorneys · grounded in primary & secondary sources — see below
A private nonprofit organization not open to the public whose selective membership and noncommercial activities entitle it to limit rental or occupancy of its lodgings to members under federal fair housing exemptions. The organization must maintain genuine exclusivity rather than function as a public accommodation.
Spencer Silver owns a lakeside lodge operated by the Sentinel Social Club. The club admits only screened applicants who pay substantial dues and agree to its bylaws. When a nonmember seeks to rent a cabin for a weekend, the club refuses. The refusal is lawful because the club is not open to the public and provides lodging only as an incident to its primary social purpose.
Sebastian Santos applies to the Sapphire Social Club after the state enacts a law requiring all civic groups to admit any applicant. The club rejects him because its bylaws limit membership to individuals sharing its founding principles. The law cannot compel admission because the club is a private expressive association whose message would be altered by forced inclusion.
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Sylvia Santos, a federal prison guard, carries a loaded pistol into a Manhattan social club. She believes her employment exempts her from state licensing rules. The court rejects the defense because the statute defines peace officers narrowly and does not extend the exemption to federal guards based on the location of arrest.
Sabrina Shah challenges the jury venire in her criminal trial. The commissioners compiled names from local directories and social club rosters but omitted predominantly minority organizations. The practice does not by itself prove purposeful discrimination when the resulting panel contains both white and Black jurors in proportion to the community.
Sierra Santos sues the Silverline Social Club after it denies her membership on the basis of sex. The club has hundreds of members, advertises widely, and hosts open community events. A public accommodations statute may constitutionally require the club to admit her because its size and nonselective practices place it outside intimate or expressive association protections.
Stella Shapiro burns a cross on private club property during a nighttime gathering. Prosecutors charge her under a statute banning cross burning as intimidation. The statute is invalid as applied because it presumes any cross burning constitutes a threat rather than protected symbolic speech.
A social club qualifies when it is not in fact open to the public and provides lodgings only as an incident to its primary noncommercial purpose. The exemption permits the club to limit rental or occupancy to members.
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No. Mere licensing and provision of ordinary public services do not transform a club's private discriminatory policies into governmental action under the Constitution.
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Large, nonselective clubs that advertise to the public and host open events receive less protection. Their expressive association claims yield to compelling state interests in eradicating discrimination when forced inclusion does not significantly alter the group's message.
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…based on sexual orientation at state colleges.[^maj-1] "26 Metropolitan State College of Denver prohibits college sponsored social clubs from discriminating in membership on the basis of sexual orientation and Colorado State University has an antidiscrimination policy which encompasses sexual orientation. "The ultimate…