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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112762
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Not really a property question....it is a question on discrimination.

Customer Question

Not really a property question....it is a question on discrimination. My husband and I attended a club 4 years ago and got kicked out because we wore jeans. That night we were told all was OK. The next time we went to the club we were told we had to pay a fine because 2 other couples left because we had jeans on and she had to refund them their money so she wanted us to pay her back. Then after we gave her the money she told us we were no longer welcome and we had to leave. 4 years have gone by...we went online filled online member application recieved a membership number and then payed $150 on pay pal for a new years eve party. We recieved a confirmation that we could come to the club. We went to the club and at 1:05am we were asked to leave. We did nothing to break the rules. Funny thing was that a lot of people had jeans on. do we have a case? I want to sue this club. They escorted us out and it was humilitating.
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
If this was a private club, then they get to make the rules. It is not discrimination to take action against someone for their dress. It is only discriminatory if the reason they are taking action is based on your age/race/sex/disability. As far as the money you paid, if you were not allowed to attend, they must refund your money and you need to notify paypal regarding the matter and seek a refund through them and if they cannot assist then you would need to sue the club for the refund based upon breach of contract.

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Customer: replied 8 years ago.

What if they allowed us to go online fill membership paperwork out online sent us an email and told us to come to the party and then when we got there after midnight they embarassed us and kicked us out after 4 years of being out of club. What is criteria to be considered a private club? How can I find out if it is a private club or not? Anyone could've gone online and paid and went to the club that night it was a new years eve party. One of the club owners has a beef with us because we wore jeans 4 years ago in the club ...she let us in and did not say a word...took our money...we paid a fine....we were asked to do a couple of things and things would be ok we said we would leave but the bouncer said everything was fine. The next time we went the owner fined us and then pretty much asked us to leave...what are our rights? We did not really do anything other people have not done...but yet we are banned by her...do we have any thing here? There were actually people with jeans on there on New Years Eve....This club has over 1500 members. Are there rules saying if a place is actually a private club or if it is just a smoke screen saying it is private to avoid certain laws etc??? If this was not really considered a private club wouldn't I have something to sue for?

 

One other thing she is running a bed and breakfast right out of her home....it is zoned residential and it is in ohio. What are rules on alllowing 7 couples stay in your home for a price when your home is zoned residential??? just was curious

Expert:  Law Educator, Esq. replied 8 years ago.
The fact that is is owned by a private individual makes it a private business and the fact that the club can issue fines, this makes it a private club. You really have nothing to sue for. As long as she is not discriminating against you based upon your age/race/sex/disability, she can discriminate against you for any other reason (such as she doesn't like your hair, she thinks you are too skinny or too fat or any other reason).

As far as the B&B, you would report that to the local zoning board, since one cannot operate a business in a zoned residential area.