(A) The City Council hereby finds and declares that the city has a compelling interest in providing its citizens an environment where all persons, regardless of race, creed, color, national origin, or sex, have a fair and equal opportunity to participate in the business and professional life of the city. Although city, state, and federal laws have been enacted to eliminate discrimination in employment, women and minority group members have not attained equal opportunity in business and the professions. One barrier to the advancement of women and minorities in the business and professional life of the city is the discriminatory practices of certain membership organizations where business is conducted and valuable business contacts are made.
(B) While such organizations may avowedly be organized for social, cultural, civic, or educational purposes, and while many perform valuable services to the community, the commercial nature of some of the activities occurring therein and the prejudicial impact of these activities on business, professional, and employment opportunities of minorities and women cannot be ignored.
(C) The Council recognizes the interest in private association asserted by club members. However, the Council finds that this interest does not overcome the public interest in equal opportunity. Membership in certain private clubs and associations extends far beyond the symbolic value attached to it; there is an integral relationship between certain private clubs located within the city and achievement within one’s profession, job, or business. Executives of many of the city’s major corporations, banks, and trade and professional associations frequently use the facilities of such private clubs, rather than public facilities, for business meetings of all kinds, both formal and informal. Membership in these clubs and associations affords an individual the opportunity to make business and professional contacts, and to get to know and be known by colleagues, competitors, and governmental leaders. Membership in such clubs or organizations provides an informal channel or network of communication through which it is frequently decided who will be considered for a job opening, or given a business contact or leadership role in the business community. Also, work on club committees and participation in their programs offers members the opportunity to demonstrate their respective abilities and to achieve distinction and prominence in their endeavors which, in turn, frequently leads to recognition within the city’s business community.
(D) Some private membership clubs and associations in the city, although avowedly organized for other purposes, have distinctly public characteristics and commercial attributes. Business-related and commercial activities are central to the maintenance of such organizations, particularly where clubs have more than 200 members, provide meal service, and rent their facilities, directly or indirectly, to business firms and professional and trade associations for entertainment, conferences, or business meetings which may be attended by non-members. The commercial nature of some private membership clubs and associations is further evidenced by the fact that many members’ dues and other club expenses are paid by their employers because the primary benefit conferred on employers is the promotion of their business and professional interests through the employees’ membership in the club. In fact, business firms and individuals in many cases deduct the costs of membership in such clubs and associations as a legitimate business expense for income tax purposes.
(E) Such clubs and the organizations also rent their facilities through members for use as conference rooms for business meetings attended by non-members. Organizations where such practices occur provide benefits to business entities and persons other than members and thus are not in fact “private” in their nature. For this reason, the Council has determined to amend this code to prohibit discrimination based on sex by organizations which have more than 200 members, provide regular meal service, and regularly receive payment for dues, fees, use of space, facilities, services, meals, or beverages from or on behalf of non-members for the furtherance of trade or business.
(F) It is not the Council’s purpose to dictate the manner in which certain private clubs conduct their activities or select their members, except insofar as is necessary to ensure that clubs do not automatically exclude persons from membership or enjoyment of club accommodations, advantages, and facilities on account of invidious discrimination. Nor is it the Council’s purpose to interfere in club activities or subject club operations to scrutiny beyond what is necessary in good faith to enforce the provisions of this subchapter.
(G) In order to remove discriminatory barriers to economic advancement and provide an environment where all persons are able to participate fully in the city’s business and professional life and avail themselves of the city’s economic and employment opportunities, it is necessary that appropriate legislation be enacted.
(Prior Code, § 93.20) (Ord. D-1566, passed 10-12-1987, effective 10-22-1987)