Word: public
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Dates: during 1980-1989
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Baker argues in a document filed with the state discrimination agency last May that the club "is a place of public accommodation and a provider of services within the meaning of the antidiscrimination statutes." In other words, the right of association does not apply to Harvard's all-male clubs, according to the Baker legal strategy, because it functions as a semi-official network providing services to an extensive group of members past and present...
...Public or Private...
Perhaps the most pressing legal issue is whether or not the Fly Club and the other eight clubs are public or private organizations. It is the lengthiest part of Baker's brief and the one which quotes the most extensively from precedent-setting cases...
...Club is doubtless...a membership club traditionally viewed as private," one document states. "However, as is recognized in the increasingly expansive scope of the public accommodation statute, such discriminatory men-only clubs significantly and adversely impact the economic, political and professional advancement of women...
...bear out this contention, the legal brief sets up several standards for determining if a membership club is public or private. These include: "The degree of selectiveness in membership requirements...the use of facilities by nonmembers...and the the performance of a public function." And even if the MCAD chooses not use Baker's framework, he insists that "No one factor is required, and many are absent in clubs which are nonetheless held to be places of public accommodation...