The city of Atlanta recently abandoned its attempt to enforce penalties on a private golf club for treating the spouses of gay members differently than those of married heterosexuals.
On Oct. 28, Atlanta attorneys filed a final judgment and consent decree in Fulton Superior Court forfeiting any action against the Druid Hills Golf Club. But City Attorney Linda DiSantis said Monday the overall impact on the city’s five-year-old non-discrimination policy is minimal.
In the motion, signed by Fulton Superior Court Judge Alford Dempsey, the city agreed to end its attempt to “enforce, attempt to enforce, or threaten to enforce the non-discrimination in public accommodations ordinance” against the members-only club.
Mayor Shirley Franklin originally sought to fine the private golf club up to $90,000 for refusing to provide spousal benefits to the domestic partners of two gay club members, Lee Kyser and Randy New, based on Atlanta’s Human Relations Ordinance.
Filing the consent decree was based on legislation passed by the Georgia General Assembly earlier this year, DiSantis said Monday.
With the Druid Hills case pending, the state legislature passed a bill later signed by Gov. Sonny Perdue prohibiting local governments from fining private organizations for not offering marital benefits to same-sex couples.
“In reviewing the state statue, we realized we only had two choices,” DiSantis said. “Write our own order or have the judge do it.”
DiSantis said the language was crafted to “narrow” the city’s response, and does not have any bearing on future cases heard by the Human Relations Commission, the panel appointed to hear cases of alleged violations of the Human Relations Ordinance.
“This was designed to be a resolution in this case, and in this case only,” DiSantis said. “It’s over — Druid Hills has dropped its suit against the city.”
Emmet Bondurant, an attorney representing the golf club, confirmed no other legal action will be pursued.
“It’s a final judgment for Druid Hills,” he said.
Franklin did not respond to requests for comment.
Kyser said despite the outcome of the case, she does not regret seeking the club benefits for her partner, Lawrie Demorest.
“We got the ball rolling,” Kyser said in an interview Nov. 9. “We fought the good fight. There is never a right time to attempt to break a civil rights barrier.”
Kyser said she would not resign her membership in the club.
“I plan to continue enjoying the club facilities we have worked hard to afford,” she said. “And I want to go in a new direction and write a fictional comedy screenplay about our struggle for equality.”
New, who also sought spousal benefits from the golf club for his partner, Russell Tippins, did not return phone calls for comment by press time.
The Atlanta Human Relations Commission ruled in January 2004 that the golf club violated the city’s non-discrimination ordinance by denying spousal benefits to the two gay members.
The five-year-old bias panel handles complaints based on a city ordinance banning discrimination in private employment, housing or public accommodations on the basis of a variety of categories, including sexual orientation.
The volunteer, seven-member panel is appointed by the mayor and City Council.
The commission sent its findings to Franklin, who is empowered by the ordinance to levy penalties against the club.
Nearly a year later, on Dec. 22, 2004, Franklin asked City Solicitor Raines Carter to fine the golf club up to $90,000. The mayor earlier had voiced concern whether the ordinance would standup to legal challenges.
The golf club responded by suing the city and Carter refused to seek the fine while the lawsuit was pending.
Attorneys for Druid Hills argued that Atlanta’s five-year-old Human Relations Ordinance was invalid because it was inconsistent with Georgia law that distinguishes between heterosexual and gay couples. The suit claimed that as a private club, Druid Hills should be free to set its membership policies without interference from the city.
Andrew Keegan can be reached at akeegan@sovo.com.
