US v. Lansdowne Swim Club
| Decision Date | 10 May 1989 |
| Docket Number | Civ. A. No. 87-2929. |
| Citation | 713 F. Supp. 785 |
| Parties | UNITED STATES of America v. LANSDOWNE SWIM CLUB. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
COPYRIGHT MATERIAL OMITTED
Harvey Handley III, Jane Taylor, Civ. Rights Div., U.S. Dept. of Justice, Washington D.C., for plaintiff.
Jeffrey L. Pettit, Philadelphia, Pa., for defendant.
TABLE OF CONTENTS
I. BACKGROUND ........................................................ 789
II. PUBLIC ACCOMMODATION .............................................. 789
A. PLACE OF ENTERTAINMENT ......................................... 790
B. SNACK BAR AS COVERED ESTABLISHMENT ............................. 793
III. PRIVATE CLUB EXEMPTION ............................................ 795
A. GENUINE SELECTIVITY ............................................ 797
B. HISTORY OF CLUB ................................................ 802
C. USE OF CLUB BY NONMEMBERS....................................... 803
D. COUNTERVAILING CONSIDERATIONS .................................. 804
IV. PATTERN OR PRACTICE OF DISCRIMINATION ............................. 805
A. BURDEN OF PROOF ................................................ 805
B. STATISTICAL EVIDENCE ........................................... 807
1. Legal Principles ............................................ 807
2. Prima Facie Case ............................................ 808
3. Defendant's Rebuttal ........................................ 809
C. REJECTIONS AND ADMISSIONS ...................................... 811
1. Burden of Proof ............................................. 811
2. Allison Family .............................................. 812
3. Ryan Family ................................................. 814
4. Ivery Family ................................................ 815
5. B Family .................................................... 817
6. Johnson Family .............................................. 817
7. Wilson Family ............................................... 817
8. V Family .................................................... 817
9. Number of Rejections ........................................ 818
D. DISCRIMINATION IN ORGANIZATION OF CLUB ......................... 818
E. DETERRENCE OF BLACK APPLICANTS ................................. 819
1. Parker Family ............................................... 819
2. Reaves Family ............................................... 819
3. Allison Family .............................................. 820
4. Ivery Family ................................................ 820
5. M Family .................................................... 820
F. OTHER ANECDOTAL EVIDENCE ....................................... 821
G. ADDITIONAL REBUTTAL EVIDENCE ................................... 822
V. CONCLUSIONS OF LAW ................................................ 823
VI. RELIEF ............................................................ 823
The United States brought this action against the Lansdowne Swim Club ("The Club", "LSC"), alleging that it is a place of public accommodation that discriminates in its membership policies and practices against blacks on the basis of their race or color1 in violation of Title II of the Civil Rights Act of 1964, 42 U.S.C. ž 2000a to 2000a-6.2 The Attorney General is authorized to bring this action on behalf of the United States. 42 U.S.C. ž 2000a-5(a).3 I have jurisdiction under 42 U.S.C. ž 2000a-6(a) and 28 U.S.C. ž 1345.4
LSC denies that it is a place of public accommodation, claims that it is a private club exempt from the coverage of Title II, and denies that it has discriminated. This Memorandum sets forth my findings of fact and conclusions of law as to these issues, as required by Fed.R.Civ.P. 52(a).
For the reasons that follow, I conclude that LSC is a place of public accommodation, is not a private club, and has engaged in a pattern or practice of discrimination against blacks in its membership policies.
Lansdowne Swim Club is a Pennsylvania nonprofit corporation which owns and maintains facilities at the corner of Burmont Road and Baltimore Pike in Lansdowne, PA. Stipulation of Facts ("Stip.") 1, 3; Defendant's Exhibit ("DX") 1. It is the only swimming facility in Lansdowne, except for pools located on personal property. Stip. 6. LSC opened its facilities in 1958 (Stip. 2) and has been open every summer since then.
LSC's recreational facilities include a swimming pool with diving and sliding boards, a wading pool, lounging and sunbathing areas, shower and dressing facilities, ping pong tables, horseshoes, lounge chairs, umbrellas, picnic tables, and basketball and volleyball facilities. Stip. 21-31, 33-39. There is an entrance gate into the Club property off Burmont Road that leads to the parking area, where the basketball and volleyball equipment is located. Kressley Testimony, Tr. 6/17/88, at 18; Stip. 91. From the parking area, a ramp leads to an enclosed area where the pool is located. Kressley, at 18. The pool is accessible through a gate, which is staffed by LSC employees who admit members, associates and guests during normal pool hours. See Cunningham Testimony, Tr. 6/16/88, at 4-5; Kressley, at 18-19. LSC leases a portion of its facilities to a concessionaire as a snack bar. Stip. 52.
The Club is managed by a twelve-person Board of Directors, including a President, Vice-President, Secretary and Treasurer. DX 3a (Art. II, Secs. 1, 2(a)). The shareholder members of the LSC are referred to in the Club's Bylaws as "active" members. Stip. 106; DX 2 (Art. IV, Sec. 1). Membership is evidenced by a capital share, or "bond", which has a par value of $250. Stip. 108; DX 1 (Art. 9). The Club limits its shareholder members to 500. Stip. 142. LSC also permits persons and families, known as "associates", to use its facilities for one season only. Stip. 107. The Club's general policy is that before being elected to membership an applicant must use the facilities of LSC for one swimming season as an associate. Stip. 110.5
Prior to 1979, all applicants for shareholder membership or associate privileges were required to be approved by the Membership Committee and elected to membership by the Board of Directors. Stip. 113-114; DX 2 (Art. IV, Sec. 2). Since 1979, all applicants must be approved by ninety percent of the shareholders present and voting at the annual meeting. Stip. 115-117. At this meeting, voting members cast ballots anonymously: an affirmative vote is cast by not listing the applicant's name on the ballot, and a negative vote is cast by listing the applicant's name. Stip. 118-119. Since 1985, the attendance of one of the applicant's sponsors at the annual meeting has also been required. Stip. 173-175.6
Title II of the Civil Rights Act prohibits discrimination in places of public accommodation. An establishment is a place of public accommodation within the meaning of Title II if its operations affect commerce and it is one of four categories of establishments which serve the public. 42 U.S.C. ž 2000a(b). The categories relevant to this case are:
The operations of an establishment covered by section 2000a(b)(2) affect commerce if the establishment "serves or offers to serve interstate travelers or a substantial portion of the food which it serves ... has moved in commerce." Id. ž 2000a(c)(2). The operations of an establishment covered by section 2000a(b)(3) affect commerce if the establishment "customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce." Id. ž 2000a(c)(3). The operations of an establishment covered by section 2000a(b)(4) affect commerce if the establishment "is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection." Id. ž 2000a(c)(4).
The Lansdowne Swim Club is a place of entertainment pursuant to section 2000a(b)(3). At its facilities, members, associates and guests (and members of the public in some instances), are amused and entertained by swimming, diving, sunbathing and "people-watching". They also consume snack food and beverages; talk to and associate with each other; play basketball, volleyball, ping pong and horseshoes; participate in and observe swimming and diving meets; and attend pool parties which sometimes include musical entertainment. See Stip. 20-47.
It is well-established that a place of entertainment includes an establishment where entertainment takes the form of direct participation in an activity or sport. See Daniel v. Paul, 395 U.S. 298, 306-08, 89 S.Ct. 1697, 1701-02, 23 L.Ed.2d 318 (1969);7see also, e.g., Evans v. Seaman, 452 F.2d 749, 751 (5th Cir.) (roller skating rink), cert. denied, 408 U.S. 924, 92 S.Ct. 2493, 33 L.Ed.2d 335 (1972); Miller v. Amusement Enters., Inc., 394 F.2d 342, 350-51 (5th Cir.1968) (en banc) (amusement park);8Brown v. Loudoun Golf & Country Club, 573 F.Supp. 399, 402 (E.D.Va. 1983) (golf...
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