NEWARK, NJ-Owners of a swim club in suburban Nutley violated state discrimination laws when they turned away "black" and "brown-skinned" customers and guests, the American Civil Liberties Union of New Jersey charged today in a lawsuit filed on behalf of a group of parents and their children.
"It is sad to see that the same kind of discrimination we fought long and hard against in the 1960s is still alive today," said Edward Barocas, Legal Director of the ACLU of New Jersey. "The difference is that we now have laws in place that, in the words of the New Jersey Supreme Court, provide the tools to eradicate the cancer of discrimination."
The ACLU lawsuit charged Patrick and Ray Nardone, owners of the Le Terrace Swim Club, with violation of a state discrimination law that prohibits businesses from denying any individual the right to use their accommodations based on that person's race, color or ethnicity. Swimming pools are listed as a specific example of a "public accommodation" covered by the law.
In legal papers, the ACLU said that Patrick Nardone quizzed one member about whether any of her guests for her daughter's birthday party were "brown-skinned" or "black" and said that people of color would not be welcome at Le Terrace. The member, who is represented in today's lawsuit, was so shocked at the questions and so concerned that her guests would be mistreated that she cancelled plans for the party at the club.
Further, on a number of occasions, persons of color who were brought as guests to the club were denied the right to enter even while white guests were permitted entry, the ACLU complaint said. There is nothing in Le Terrace Swim Club's by-laws, membership agreements or rules that would apprise members or their guests of any associational interest in joining Le Terrace other than having access to the pool's facilities. It appears that Nardone and the club have been engaging in such discrimination for many years, the ACLU said.
"A business cannot shield itself from discrimination laws simply by labeling itself a 'private club,'" said Anne McHugh, lead counsel in the case. "The greatness of this country lies in its diversity and I have no doubt that a New Jersey jury will send that message to Mr. Nardone."
The lawsuit was filed on behalf of Nutley residents Michael and Catherine Russo and 18-year-old Marci Shephard, who lives with them, Phyllis Kropp and her adopted 17-year-old daughter Nicole, and Bloomfield residents Philip and Annmarie Giordano and their 11-year-old daughter Cara Marie.
The ACLU complaint describes the ugly racism the three families encountered over the years:
The ACLU lawsuit seeks a court order barring any future discrimination by the club owners and requiring them to annually inform the state civil rights office of the ethnicity of club members and guests permitted to use the facilities, as well as compensatory and punitive damages for the families.
The lawsuit is captioned Shepard, et al. v. Le Terrace Swim Club, et al. The case was filed in Superior Court in Newark, New Jersey. The attorney representing the families on behalf of the ACLU of New Jersey is Anne McHugh of Pellettieri, Rabstein & Altman in Princeton.
The legal complaint is online at http://archive.aclu.org/court/leterrace.pdf