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Lahmann v. Grand Aerie of Fraternal Order of Eagles10/12/2005
ublic Accommodations Act implies that its framers intended to exempt organizations like the Eagles is contrary to the bill's sponsor's testimony before the House Committee on State and Federal Affairs regarding the effect of the proposed amendments. The focus of the amendments was on commercial establishments such as restaurants or other locations that offered their goods and services to the public, not on organizations that provide fraternal benefits. Then-Representative Vera Katz, the sponsor of the bill, was careful to tell the House Committee on State and Federal Affairs, "And men have the right to congregate, if they want to, without women. They've got their private clubs to do that. We're not forcing anybody to integrate, but we're trying to avoid segregation. This bill does not talk to private clubs[.]" Tape Recording, House Committee on State and Federal Affairs, HB 2116, March 2, 1973, Tape 4, Side 2. Another advocate in favor of the same bill, Jane Edwards, representing the American Civil Liberties Union, explained to the House Committee on State and Federal Affairs that,
" hose who oppose laws prohibiting discrimination generally argue men (or women) have the right to congregate together without members of the opposite sex. This of course is true. However, this bill is not trying to force people to integrate but to prevent public places from segregating. Nothing in the bill precludes private clubs from segregating or precludes people from inviting only members of one sex or the other to their homes."
Testimony, House Committee on State and Federal Affairs, HB 2116, March 2, 1973, Ex. 6.
So, in light of the above legislative history, how did the majority arrive at the destination of declaring that nothing in the legislative history of the act implies that its framers intended to exempt organizations like the Eagles? Some judicial sleight of hand is at work to turn the intent of the legislature on its head.
In a letter opinion to the parties, the trial court wrote:
"While some members were interested in charitable work to some degree, it was clear that the driving force for becoming a member of the Eagles was social activities. The witnesses and the exhibits heavily emphasized friendship, dancing, food and the bar. It is this Court's opinion that the Eagles is mainly a social club."
The trial court further observed, "As stated in [ORS 30.675, the statute] setting out requirements for public accommodation, the Eagles provide " * * * services, * * * amusements or otherwise." Then, focusing on the majority's opinion in Lahmann I, the trial court inquired whether the Eagles' membership is so unselective that the organization can fairly be said to offer its services to the public. 180 Or App at 434. Based on the record before it, the court concluded:
"It is also this Court's opinion that the Eagles met the second criteria as set out in the
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