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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16189
Experience:  Licensed Texas General Practice Attorney
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Is there a discriminatory club law in NC. I was refused entrance

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Is there a discriminatory club law in NC. I was refused entrance to the Broadway ball park to watch a family member play ball. I was told it was operated by the Optimist Club ( a private club) and they could refuse entrance to anyone they wanted. A member of that club is someone who assaulted me and he was the one who told the president of the club not to allow me in. I'm am 62 years old and in poor health and and unable to cause problems but I would love to attend the baseball park for games.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. There are "public accommodation" laws both Federally and in NC that prohibit discrimination based upon certain criteria. That is, in NC you cannot be barred entry to a place of public accommodation (even a privately owned and operated sports park would be a place of public accomodation) because of a disability. Under Federal law, they can't discriminate based on race, color, religion, or national origin.

ScottyMacEsq :

The basis of the discrimination is important.

ScottyMacEsq :

That is, they can discriminate based upon pretty much any other reason. For it to be illegal, the discrimination would have to be specifically based upon a disability, or your race, color, religion, or national origin.

ScottyMacEsq :

It would not be enough to have a disability or be a minority, etc... You would need to establish that the sole reason that they prohibited you from entering the park was because of one of these factors.

ScottyMacEsq :

If there is personal animosity between you and a member, and the reason that they're prohibiting entry is any other reason than those above, then I'm afraid that they can exercise this discretion and prohibit entry. Only discrimination based upon those specific factors is actionable, otherwise the private organizations do have the right to prohibit entry.

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

So even though I was singled out, while just sitting watching the game, they have the right to tell me to leave.

ScottyMacEsq :

Yes, again, so long as the reason that they asked you to leave was not based upon your race, age, religion, nationality, or disability. If they ask you to leave for any other reason, even if you're peacefully enjoying the game, not bothering anyone, etc... they could still ask you to leave. Now if you paid anything to enter, you could have a claim against them for return of that amount that you paid, but you couldn't force them to allow you to stay. They would have the right to ask you to leave because it's private property.

ScottyMacEsq :

(or operated by a private entity)

Customer:

Thankyou

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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