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it is, therefore, entirely warranted as a police measure aimed at insuring members of the public their right to buy and sell in the market place and enjoy the pleasure of resorts and places of amusement without the illegal restraints of discriminatory practices. "We cannot find in the law any devoious legislative intent to abolish private clubs as such or to prevent the serving of food and beverages, etc. In fact, in the face of the unqualified express intent of the Legislature to the contrary, a charge to that effect is virtually tantamount to an accusation of bad faith on the part of the Legislature. "Such a charge of bad faith against the Legislature would have to assume-- " (1) That the Legislature really intends to bar private recreatinal clubs from the Islands, or control their selection of membership, when in the same breath the Legislature specifically denies such intention; "(2) That Title 10, as amended, is based on the assumption that clubs which typically provide their members with food and refreshments, golfing, tennis, bathhouses, lockers, and similar facilities, are incapable of being financed by their members by dues and contributions; and that, therefore, the denial of the right to charge specifically for goods and services and facilities is tantamount to abolishing such clubs; and "(3) That the Legislature is deliberately using words such as 'sale', charge, - 'lease, and 'rent, far beyond their commonly accepted meaning in order to camouflage a bar to bona fide private clubs which could readily be declared in simple, straightforward and unambiguous language."

Document source description

October 1963 memo on blacks appointed to positions in the Ohio state government.

Page data

Page
102
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Context sent to Scholar

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Page context
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    "ocrText": "it is, therefore, entirely warranted as a police measure aimed at insuring\nmembers of the public their right to buy and sell in the market place and enjoy\nthe pleasure of resorts and places of amusement without the illegal restraints\nof discriminatory practices.\n\"We cannot find in the law any devoious legislative intent to abolish private clubs\nas such or to prevent the serving of food and beverages, etc. In fact, in the face\nof the unqualified express intent of the Legislature to the contrary, a charge to\nthat effect is virtually tantamount to an accusation of bad faith on the part of\nthe Legislature.\n\"Such a charge of bad faith against the Legislature would have to assume--\n\" (1) That the Legislature really intends to bar private recreatinal clubs from\nthe Islands, or control their selection of membership, when in the same breath the\nLegislature specifically denies such intention;\n\"(2) That Title 10, as amended, is based on the assumption that clubs which typically\nprovide their members with food and refreshments, golfing, tennis, bathhouses, lockers,\nand similar facilities, are incapable of being financed by their members by dues and\ncontributions; and that, therefore, the denial of the right to charge specifically\nfor goods and services and facilities is tantamount to abolishing such clubs; and\n\"(3) That the Legislature is deliberately using words such as 'sale', charge,\n-\n'lease, and 'rent, far beyond their commonly accepted meaning in order to\ncamouflage a bar to bona fide private clubs which could readily be declared in\nsimple, straightforward and unambiguous language.\""
}