Private Club Not Subject To ADA Claim by Member
Act applies only to public accommodations and club is not open to the public
A member’s claim against a golf and beach club for violation of the Americans with Disabilities Act has been dismissed by a federal District Court in Hawai’i because the Act applies only to public accommodations and the Court ruled that the club is private. ( Reimer v. Kuki’o Golf and Beach Club, D. HI, No. 12-00408, 4/11/13 .) The test, the Court said, is whether the facility is open indiscriminately to other members of the general public. Among the factors considered are the selectivity of the group in admitting members, the members’ control over the operations of the club, the history of the organization, the use by nonmembers, whether it advertises to the public, its nonprofit status, and the formalities observed in club procedures.
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