
02-19-2024, 12:18 AM
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Private Clubs
thanks for the info...........why they get any tax benefit is the bigger question...........
Quote:
Originally Posted by BrianL99
There's actually more to it, than you may think.
Private Clubs enjoy certain tax benefits and more importantly they retain a level of protection from ADA compliance and some other accessibility regulations.
In order to maintain those benefits as a "private club", the membership has to be "selective" per IRS Regulations. If you are not selective and allow anyone with enough money to join, you will lose your protection as a private club.
Obviously, you're not entitled to discriminate on the basis someone's "height", unless your club is limited to "short people" and you can't use selective criteria that is discriminatory on its face, against a protected class.
The fact that you mentioned Hyannisport CC and Bill Russel, leads me to believe you might be from Massachusetts?
The link below is to the seminal case on the protections offered to and requirements to be a "private club". You may remember Bob Lobel, a Boston Sportscaster (& 1st class jerk). he sued Woodland Golf Club. In relevant part, the decision says:
For the reasons stated below, the undisputed evidence shows that Woodland has all the basic characteristics of a private club, including genuine selectivity of membership and exclusion of non-members from regular or indiscriminate use of its facilities. It is therefore not subject to the requirements of the ADA, and Lobel's motion for summary judgment will be denied and Woodland's motion for summary judgment will be granted.
Lobel v. Woodland Golf Club of Auburndale, 260 F. Supp. 3d 127 | Casetext Search + Citator
If you're really interested in the subject:
Private Clubs Under the Americans With Disabilities Act | ADA National Network
When Is a Private Club Not a 'Private Club'? | ACLU Pennsylvania
https://nr1st.org/ada-requirements-f...ate-businesses
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