Efforts Halted To Fine Golf Club Over Gay Policy

City of Atlanta lawyers have agreed in court to stop efforts to fine Druid Hills Golf Club for not treating partners of gay members the same as spouses of married members.
In a judgment and consent decree filed in Fulton County Superior Court, city lawyers agreed not to "enforce, attempt to enforce, or threaten to enforce" the city's human rights ordinance against the eastside club.
The city had little choice because the state legislature outlawed its ordinance protecting the rights of gays and other minorities in private clubs.
In January 2004, the 1,100-member club was found by the city's Human Relations Commission to be discriminating against homosexuals under the city ordinance, passed in 2000. Under the ordinance, the mayor could impose fines on any institution or business found by the commission to be discriminating against gays.
The complaint was brought by two gay club members, Lee Kyser and Randy New, who sought spousal benefits for their partners. Benefits include being able to visit the club without the member present and to pass on membership to a partner if the member dies.
The club refused, arguing it granted such privileges only to members who are married.
After months of delay, Atlanta Mayor Shirley Franklin sent notice asking the city solicitor to impose a fine on the club. The club sued, arguing the human rights ordinance was unenforceable and unconstitutional.
But in the midst of the dispute, the state legislature passed a law forbidding the city from enforcing the human rights ordinance, which includes gay rights, against private clubs.
Though the legal agreement between Atlanta and Druid Hills only pertains to the club, the city's agreement not to enforce the human rights ordinance means the law as currently written is dead.
Asked what the ramifications were for the ordinance as a whole, City Attorney Linda DiSantis said, "That's a good question. I don't know what the answer is."
Officials of Druid Hills Golf Club did not return calls.
Kyser, who learned of the city's agreement while playing on the club's golf course Thursday, said city officials never called her or New to let them know they were agreeing not to enforce the ordinance. She said the agreement means gay-rights activists are going to have to find other ways to pressure Druid Hills, and by extension other clubs, to provide full spousal benefits to partners of gay members.
"At this point in time, there is nowhere to go with it legally," she said. "But it is not a dead issue."
from The Atlanta Journal-Constitution