Posted on 01/01/2005 7:30:32 AM PST by Ellesu
ATLANTA -- -- The country club that was fined by the city of Atlanta for refusing to extend spousal benefits to partners of its gay members has filed a lawsuit against the city.
Druid Hills Golf Club is seeking to block the city from being able to fine the organization and also is seeking to have the city's human rights ordinance thrown out.
Club officials filed an 18-page lawsuit Thursday in Fulton County Superior Court challenging the 500-dollar-a-day fine Mayor Shirley Franklin ordered against the club last month for violating the city's ordinance. The ordinance requires businesses to treat domestic partners registered within the city as married couples. The fines have NOT yet begun.
Club attorney Emmet Bondurant wrote in the lawsuit that the club is NOT discriminatory against gays. Bondurant says the ordinance overreaches the city's authority and violates the Georgia Constitution by granting rights reserved for married couples to gays.
Franklin's order is the first time the city had enforced the four-year-old ordinance, which allows the mayor to pull liquor and business licenses or impose fines against businesses found to be discriminatory. The club's policy was challenged in January 2004 by two gay members who are seeking spousal benefits for their partners, including golfing privileges.
Good for them.
Yes! They are fighting back. We need more of that.
I sure hope they win. The first order of business at the next club meeting should be to get rid of the two gay members who started this crap.
Unfortunately, this would seem the natural
progression once the PGA/MASTERS caved in
re. women members. It was a PRIVATE CLUB
with courtesies extended to players of
the organization's choice. By giving in
two years ago, they lost the PRIVATE
status and are now subject to Atlanta's
code of ethics; it now becomes a matter
of who hires the best lawyer!
Not to mention that an exclusive country club probably has a stable of lawyers as members.
Druid Hills Golf Club
What kind of name is Druid for a golf country club? Yuck
- The Order of Bards, Ovates and Druids
introductions to Druidism and Druidcraft - the Magic of Wicca and Druidry - videos of Druid rituals at Stonehenge, an interactive Magical Journey, a ...
It is the first time the 4-year-old ordinance, which requires that any couple registered as domestic partners with the city be treated as married people, has been enforced in one of the country's most gay-friendly cities. Club leaders, who consider the ordinance unconstitutional, have pledged to fight the fine.
The case centers on two gay club members, Randy New and Lee Kyser, who want full spousal benefits for their partners, including golfing privileges and the right to visit the club whether the members are present or not.
They also are seeking the right to transfer membership rights to a partner if a gay club member dies. Currently, the club grants such privileges only to people who are married.
Franklin wrote to club president Kent Smith on Dec. 22 that she is ordering the city solicitor to fine the club $500 a day, up to 180 days, for a total of $90,000 unless the club changes its benefits policy.
"Atlanta has a very proud history of promoting and celebrating diversity," Franklin wrote in her letter. "Given the club's failure to address the issues internally, I am compelled to act."
The mayor and Smith could not immediately be reached for comment.
The club's board responded with an e-mail to its 1,100 members saying they would fight the fine because Franklin has no jurisdiction to impose the penalty and that the city's ordinance attempting "to dictate the Club's membership policies are invalid."
"Our policies are non-discriminatory," the e-mail stated. "While we regret this matter has still not been resolved, Druid Hills Golf Club is prepared to defend its position."
The case had dragged on unresolved throughout the year. A city commission that reviews discrimination declared in January the club violated gay rights by not providing the benefits to its gay members. Franklin had urged the two sides to compromise but mediation efforts failed.
Sounds like the city is trying to legislate outside their domain (like, re-define marriage). Cool that the club is fighting back. TURN BACK THE GAY PLAGUE IN 2005! Is there a site for contributions?
What a stink 2 little turds can create.
BRAVO!
"The country club that was fined by the city of Atlanta for refusing to extend spousal benefits to partners of its gay members has filed a lawsuit against the city"?
Sorry for all the ping-outs at once, Busy today
If you want on/off the list let me know.
Finally a breath of fresh air!
Some entity with the backbone to fight these pesky perverts.
The fairies have no discrimination case simply due to the fact that one of them is (unfortunately in my mind) a MEMBER!...Where's the dicrimination?
Franklin is too ignorant to be even a politician...recall her before she hurts herself!
I guess we can assume that the term spousal benefits means the distribution of the private country club's "money" (property) to the general public.
From a presumption of liberty, this Atlanta ordinance violates the following covenants of the Georgia Constitution:
ARTICLE I.
BILL OF RIGHTS
SECTION I.
Paragraph II. Protection to person and property; equal protection. Protection to person and property is the paramount duty of government and shall be impartial and complete.
Paragraph X. Bill of attainder; ex post facto laws; and retroactive laws. No bill of attainder, ex post facto law, retroactive law, or laws impairing the obligation of contract or making irrevocable grant of special privileges or immunities shall be passed.
Paragraph XXV. Status of the citizen. The social status of a citizen shall never be the subject of legislation.
Paragraph XXVIII. Enumeration of rights not denial of others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.
SECTION III.
GENERAL PROVISIONS
Paragraph I. Eminent domain. (a) Except as otherwise provided in this Paragraph, private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.
SUPREME COURT OF THE UNITED STATES No. 98—963 JEREMIAH W. (JAY) NIXON, ATTORNEY GENERAL OF MISSOURI, et al., PETITIONERS v. SHRINK MISSOURI GOVERNMENT PAC et al. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT [January 24, 2000]
Justice Stevens
"I make one simple point. Money is property;"
Druid Hills is the name of the area in which its located. The name goes back to the early days of the settlement of DeKalb County, Georgia, circa 1830.
Is it possible that the rrest of the club members could get together and vote the perverts out of the club?
Freedom of association.
The club is located in the Druid Hills area of unincorporated DeKalb County, Georgia. The clubhouse, however, is incoporated in Atlanta which, because of the liquor license, is why Shirly Franklin thinks she has a dog in the fight. The area is beautiful with huge hundred year old homes. Fernbank Science Center sits right next to it. Less than 1/2 mile away is Emory University (actually one end of the course winds up just across the street from Emory). Less than two miles away is East Lake Golf Club, Bobby Jone's old home course. The course is about a hundred years old I believe. It is a gem.
I used to work at Emory. The area is swarming with more liberal nuts than you can shake a stick at.
If anybody can win this case, he can.
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