Thus, in the court's view, whether the law applies is a question of fact. Thus, whether a particular club is exempt from state law, according to Peck, depends on the club's exact nature and activities. Landsdowne Swim Club 713 F. Supp. Another important factor is a club's history. In looking at this, courts focus on whether the club was created to avoid the effect of anti-discrimination laws.
Courts also take a close look at the use of the club by nonmembers.
The more the club is used by nonmembers the less likely the club will be viewed as exempt from anti-discrimination laws.