This document provides background information on a case before the Supreme Court regarding whether Bluegrass Country Club qualifies as a private club exempt from the Americans with Disabilities Act (ADA). It summarizes the lower court opinions, relevant statute, statement of facts, and procedural history of the case. The key issue is whether Bluegrass Country Club's membership practices and policies demonstrate that it is genuinely selective, indicating private club status. The document analyzes factors courts have used in previous cases to determine private club status and argues that when applied to Bluegrass Country Club, these factors show it is a private club exempt from the ADA.
A former NBA player, Justin Brown, has filed a civil lawsuit against Cleveland Cavaliers player J.R. Smith seeking $2.5 million in damages. Brown alleges that during an incident last November in New York City, Smith choked and struck him in the head after Brown made a comment to Smith outside of a pizza restaurant. While Brown was not arrested at the time, he is now pursuing legal action over alleged physical injuries and emotional distress from the incident. Smith's attorney claims this lawsuit is frivolous and intends to defend Smith aggressively, calling it a "cash grab" by Brown.
This brief argues that Bluegrass Country Club (BCC) qualifies as a private club exempt from the Americans with Disabilities Act (ADA). It contends that: (1) BCC has highly selective membership practices subject to member discretion; (2) BCC operates as a nonprofit with a consistent purpose and high member control/participation; and (3) limited nonmember use does not preclude private club status. If found exempt, BCC would not be required to grant membership or access to individuals with disabilities.
Plaintiff fell on Defendant's property and is suing for injuries. However, Defendant contests liability for several reasons:
1) Testimonies from Plaintiff and her witness are inconsistent about the details of the fall.
2) Medical records show Plaintiff had pre-existing osteoarthritis in her knee, and the fall only exacerbated her usual pain from this condition.
3) The surgery was ultimately required due to the natural progression of her joint deterioration, not because of the fall.
4) Plaintiff did not properly care for her health issues, which may have contributed to her need for surgery.
Defendant argues there is no evidence it breached a duty to Plaintiff and the fall did not proximately
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
Product Design Trends in 2024 | Teenage EngineeringsPixeldarts
The realm of product design is a constantly changing environment where technology and style intersect. Every year introduces fresh challenges and exciting trends that mold the future of this captivating art form. In this piece, we delve into the significant trends set to influence the look and functionality of product design in the year 2024.
How Race, Age and Gender Shape Attitudes Towards Mental HealthThinkNow
Mental health has been in the news quite a bit lately. Dozens of U.S. states are currently suing Meta for contributing to the youth mental health crisis by inserting addictive features into their products, while the U.S. Surgeon General is touring the nation to bring awareness to the growing epidemic of loneliness and isolation. The country has endured periods of low national morale, such as in the 1970s when high inflation and the energy crisis worsened public sentiment following the Vietnam War. The current mood, however, feels different. Gallup recently reported that national mental health is at an all-time low, with few bright spots to lift spirits.
To better understand how Americans are feeling and their attitudes towards mental health in general, ThinkNow conducted a nationally representative quantitative survey of 1,500 respondents and found some interesting differences among ethnic, age and gender groups.
Technology
For example, 52% agree that technology and social media have a negative impact on mental health, but when broken out by race, 61% of Whites felt technology had a negative effect, and only 48% of Hispanics thought it did.
While technology has helped us keep in touch with friends and family in faraway places, it appears to have degraded our ability to connect in person. Staying connected online is a double-edged sword since the same news feed that brings us pictures of the grandkids and fluffy kittens also feeds us news about the wars in Israel and Ukraine, the dysfunction in Washington, the latest mass shooting and the climate crisis.
Hispanics may have a built-in defense against the isolation technology breeds, owing to their large, multigenerational households, strong social support systems, and tendency to use social media to stay connected with relatives abroad.
Age and Gender
When asked how individuals rate their mental health, men rate it higher than women by 11 percentage points, and Baby Boomers rank it highest at 83%, saying it’s good or excellent vs. 57% of Gen Z saying the same.
Gen Z spends the most amount of time on social media, so the notion that social media negatively affects mental health appears to be correlated. Unfortunately, Gen Z is also the generation that’s least comfortable discussing mental health concerns with healthcare professionals. Only 40% of them state they’re comfortable discussing their issues with a professional compared to 60% of Millennials and 65% of Boomers.
Race Affects Attitudes
As seen in previous research conducted by ThinkNow, Asian Americans lag other groups when it comes to awareness of mental health issues. Twenty-four percent of Asian Americans believe that having a mental health issue is a sign of weakness compared to the 16% average for all groups. Asians are also considerably less likely to be aware of mental health services in their communities (42% vs. 55%) and most likely to seek out information on social media (51% vs. 35%).
AI Trends in Creative Operations 2024 by Artwork Flow.pdfmarketingartwork
Creative operations teams expect increased AI use in 2024. Currently, over half of tasks are not AI-enabled, but this is expected to decrease in the coming year. ChatGPT is the most popular AI tool currently. Business leaders are more actively exploring AI benefits than individual contributors. Most respondents do not believe AI will impact workforce size in 2024. However, some inhibitions still exist around AI accuracy and lack of understanding. Creatives primarily want to use AI to save time on mundane tasks and boost productivity.
A former NBA player, Justin Brown, has filed a civil lawsuit against Cleveland Cavaliers player J.R. Smith seeking $2.5 million in damages. Brown alleges that during an incident last November in New York City, Smith choked and struck him in the head after Brown made a comment to Smith outside of a pizza restaurant. While Brown was not arrested at the time, he is now pursuing legal action over alleged physical injuries and emotional distress from the incident. Smith's attorney claims this lawsuit is frivolous and intends to defend Smith aggressively, calling it a "cash grab" by Brown.
This brief argues that Bluegrass Country Club (BCC) qualifies as a private club exempt from the Americans with Disabilities Act (ADA). It contends that: (1) BCC has highly selective membership practices subject to member discretion; (2) BCC operates as a nonprofit with a consistent purpose and high member control/participation; and (3) limited nonmember use does not preclude private club status. If found exempt, BCC would not be required to grant membership or access to individuals with disabilities.
Plaintiff fell on Defendant's property and is suing for injuries. However, Defendant contests liability for several reasons:
1) Testimonies from Plaintiff and her witness are inconsistent about the details of the fall.
2) Medical records show Plaintiff had pre-existing osteoarthritis in her knee, and the fall only exacerbated her usual pain from this condition.
3) The surgery was ultimately required due to the natural progression of her joint deterioration, not because of the fall.
4) Plaintiff did not properly care for her health issues, which may have contributed to her need for surgery.
Defendant argues there is no evidence it breached a duty to Plaintiff and the fall did not proximately
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
Product Design Trends in 2024 | Teenage EngineeringsPixeldarts
The realm of product design is a constantly changing environment where technology and style intersect. Every year introduces fresh challenges and exciting trends that mold the future of this captivating art form. In this piece, we delve into the significant trends set to influence the look and functionality of product design in the year 2024.
How Race, Age and Gender Shape Attitudes Towards Mental HealthThinkNow
Mental health has been in the news quite a bit lately. Dozens of U.S. states are currently suing Meta for contributing to the youth mental health crisis by inserting addictive features into their products, while the U.S. Surgeon General is touring the nation to bring awareness to the growing epidemic of loneliness and isolation. The country has endured periods of low national morale, such as in the 1970s when high inflation and the energy crisis worsened public sentiment following the Vietnam War. The current mood, however, feels different. Gallup recently reported that national mental health is at an all-time low, with few bright spots to lift spirits.
To better understand how Americans are feeling and their attitudes towards mental health in general, ThinkNow conducted a nationally representative quantitative survey of 1,500 respondents and found some interesting differences among ethnic, age and gender groups.
Technology
For example, 52% agree that technology and social media have a negative impact on mental health, but when broken out by race, 61% of Whites felt technology had a negative effect, and only 48% of Hispanics thought it did.
While technology has helped us keep in touch with friends and family in faraway places, it appears to have degraded our ability to connect in person. Staying connected online is a double-edged sword since the same news feed that brings us pictures of the grandkids and fluffy kittens also feeds us news about the wars in Israel and Ukraine, the dysfunction in Washington, the latest mass shooting and the climate crisis.
Hispanics may have a built-in defense against the isolation technology breeds, owing to their large, multigenerational households, strong social support systems, and tendency to use social media to stay connected with relatives abroad.
Age and Gender
When asked how individuals rate their mental health, men rate it higher than women by 11 percentage points, and Baby Boomers rank it highest at 83%, saying it’s good or excellent vs. 57% of Gen Z saying the same.
Gen Z spends the most amount of time on social media, so the notion that social media negatively affects mental health appears to be correlated. Unfortunately, Gen Z is also the generation that’s least comfortable discussing mental health concerns with healthcare professionals. Only 40% of them state they’re comfortable discussing their issues with a professional compared to 60% of Millennials and 65% of Boomers.
Race Affects Attitudes
As seen in previous research conducted by ThinkNow, Asian Americans lag other groups when it comes to awareness of mental health issues. Twenty-four percent of Asian Americans believe that having a mental health issue is a sign of weakness compared to the 16% average for all groups. Asians are also considerably less likely to be aware of mental health services in their communities (42% vs. 55%) and most likely to seek out information on social media (51% vs. 35%).
AI Trends in Creative Operations 2024 by Artwork Flow.pdfmarketingartwork
Creative operations teams expect increased AI use in 2024. Currently, over half of tasks are not AI-enabled, but this is expected to decrease in the coming year. ChatGPT is the most popular AI tool currently. Business leaders are more actively exploring AI benefits than individual contributors. Most respondents do not believe AI will impact workforce size in 2024. However, some inhibitions still exist around AI accuracy and lack of understanding. Creatives primarily want to use AI to save time on mundane tasks and boost productivity.
Organizational culture includes values, norms, systems, symbols, language, assumptions, beliefs, and habits that influence employee behaviors and how people interpret those behaviors. It is important because culture can help or hinder a company's success. Some key aspects of Netflix's culture that help it achieve results include hiring smartly so every position has stars, focusing on attitude over just aptitude, and having a strict policy against peacocks, whiners, and jerks.
PEPSICO Presentation to CAGNY Conference Feb 2024Neil Kimberley
PepsiCo provided a safe harbor statement noting that any forward-looking statements are based on currently available information and are subject to risks and uncertainties. It also provided information on non-GAAP measures and directing readers to its website for disclosure and reconciliation. The document then discussed PepsiCo's business overview, including that it is a global beverage and convenient food company with iconic brands, $91 billion in net revenue in 2023, and nearly $14 billion in core operating profit. It operates through a divisional structure with a focus on local consumers.
Content Methodology: A Best Practices Report (Webinar)contently
This document provides an overview of content methodology best practices. It defines content methodology as establishing objectives, KPIs, and a culture of continuous learning and iteration. An effective methodology focuses on connecting with audiences, creating optimal content, and optimizing processes. It also discusses why a methodology is needed due to the competitive landscape, proliferation of channels, and opportunities for improvement. Components of an effective methodology include defining objectives and KPIs, audience analysis, identifying opportunities, and evaluating resources. The document concludes with recommendations around creating a content plan, testing and optimizing content over 90 days.
How to Prepare For a Successful Job Search for 2024Albert Qian
The document provides guidance on preparing a job search for 2024. It discusses the state of the job market, focusing on growth in AI and healthcare but also continued layoffs. It recommends figuring out what you want to do by researching interests and skills, then conducting informational interviews. The job search should involve building a personal brand on LinkedIn, actively applying to jobs, tailoring resumes and interviews, maintaining job hunting as a habit, and continuing self-improvement. Once hired, the document advises setting new goals and keeping skills and networking active in case of future opportunities.
A report by thenetworkone and Kurio.
The contributing experts and agencies are (in an alphabetical order): Sylwia Rytel, Social Media Supervisor, 180heartbeats + JUNG v MATT (PL), Sharlene Jenner, Vice President - Director of Engagement Strategy, Abelson Taylor (USA), Alex Casanovas, Digital Director, Atrevia (ES), Dora Beilin, Senior Social Strategist, Barrett Hoffher (USA), Min Seo, Campaign Director, Brand New Agency (KR), Deshé M. Gully, Associate Strategist, Day One Agency (USA), Francesca Trevisan, Strategist, Different (IT), Trevor Crossman, CX and Digital Transformation Director; Olivia Hussey, Strategic Planner; Simi Srinarula, Social Media Manager, The Hallway (AUS), James Hebbert, Managing Director, Hylink (CN / UK), Mundy Álvarez, Planning Director; Pedro Rojas, Social Media Manager; Pancho González, CCO, Inbrax (CH), Oana Oprea, Head of Digital Planning, Jam Session Agency (RO), Amy Bottrill, Social Account Director, Launch (UK), Gaby Arriaga, Founder, Leonardo1452 (MX), Shantesh S Row, Creative Director, Liwa (UAE), Rajesh Mehta, Chief Strategy Officer; Dhruv Gaur, Digital Planning Lead; Leonie Mergulhao, Account Supervisor - Social Media & PR, Medulla (IN), Aurelija Plioplytė, Head of Digital & Social, Not Perfect (LI), Daiana Khaidargaliyeva, Account Manager, Osaka Labs (UK / USA), Stefanie Söhnchen, Vice President Digital, PIABO Communications (DE), Elisabeth Winiartati, Managing Consultant, Head of Global Integrated Communications; Lydia Aprina, Account Manager, Integrated Marketing and Communications; Nita Prabowo, Account Manager, Integrated Marketing and Communications; Okhi, Web Developer, PNTR Group (ID), Kei Obusan, Insights Director; Daffi Ranandi, Insights Manager, Radarr (SG), Gautam Reghunath, Co-founder & CEO, Talented (IN), Donagh Humphreys, Head of Social and Digital Innovation, THINKHOUSE (IRE), Sarah Yim, Strategy Director, Zulu Alpha Kilo (CA).
Trends In Paid Search: Navigating The Digital Landscape In 2024Search Engine Journal
The search marketing landscape is evolving rapidly with new technologies, and professionals, like you, rely on innovative paid search strategies to meet changing demands.
It’s important that you’re ready to implement new strategies in 2024.
Check this out and learn the top trends in paid search advertising that are expected to gain traction, so you can drive higher ROI more efficiently in 2024.
You’ll learn:
- The latest trends in AI and automation, and what this means for an evolving paid search ecosystem.
- New developments in privacy and data regulation.
- Emerging ad formats that are expected to make an impact next year.
Watch Sreekant Lanka from iQuanti and Irina Klein from OneMain Financial as they dive into the future of paid search and explore the trends, strategies, and technologies that will shape the search marketing landscape.
If you’re looking to assess your paid search strategy and design an industry-aligned plan for 2024, then this webinar is for you.
5 Public speaking tips from TED - Visualized summarySpeakerHub
From their humble beginnings in 1984, TED has grown into the world’s most powerful amplifier for speakers and thought-leaders to share their ideas. They have over 2,400 filmed talks (not including the 30,000+ TEDx videos) freely available online, and have hosted over 17,500 events around the world.
With over one billion views in a year, it’s no wonder that so many speakers are looking to TED for ideas on how to share their message more effectively.
The article “5 Public-Speaking Tips TED Gives Its Speakers”, by Carmine Gallo for Forbes, gives speakers five practical ways to connect with their audience, and effectively share their ideas on stage.
Whether you are gearing up to get on a TED stage yourself, or just want to master the skills that so many of their speakers possess, these tips and quotes from Chris Anderson, the TED Talks Curator, will encourage you to make the most impactful impression on your audience.
See the full article and more summaries like this on SpeakerHub here: https://speakerhub.com/blog/5-presentation-tips-ted-gives-its-speakers
See the original article on Forbes here:
http://www.forbes.com/forbes/welcome/?toURL=http://www.forbes.com/sites/carminegallo/2016/05/06/5-public-speaking-tips-ted-gives-its-speakers/&refURL=&referrer=#5c07a8221d9b
ChatGPT and the Future of Work - Clark Boyd Clark Boyd
Everyone is in agreement that ChatGPT (and other generative AI tools) will shape the future of work. Yet there is little consensus on exactly how, when, and to what extent this technology will change our world.
Businesses that extract maximum value from ChatGPT will use it as a collaborative tool for everything from brainstorming to technical maintenance.
For individuals, now is the time to pinpoint the skills the future professional will need to thrive in the AI age.
Check out this presentation to understand what ChatGPT is, how it will shape the future of work, and how you can prepare to take advantage.
The document provides career advice for getting into the tech field, including:
- Doing projects and internships in college to build a portfolio.
- Learning about different roles and technologies through industry research.
- Contributing to open source projects to build experience and network.
- Developing a personal brand through a website and social media presence.
- Networking through events, communities, and finding a mentor.
- Practicing interviews through mock interviews and whiteboarding coding questions.
Google's Just Not That Into You: Understanding Core Updates & Search IntentLily Ray
1. Core updates from Google periodically change how its algorithms assess and rank websites and pages. This can impact rankings through shifts in user intent, site quality issues being caught up to, world events influencing queries, and overhauls to search like the E-A-T framework.
2. There are many possible user intents beyond just transactional, navigational and informational. Identifying intent shifts is important during core updates. Sites may need to optimize for new intents through different content types and sections.
3. Responding effectively to core updates requires analyzing "before and after" data to understand changes, identifying new intents or page types, and ensuring content matches appropriate intents across video, images, knowledge graphs and more.
A brief introduction to DataScience with explaining of the concepts, algorithms, machine learning, supervised and unsupervised learning, clustering, statistics, data preprocessing, real-world applications etc.
It's part of a Data Science Corner Campaign where I will be discussing the fundamentals of DataScience, AIML, Statistics etc.
Time Management & Productivity - Best PracticesVit Horky
Here's my presentation on by proven best practices how to manage your work time effectively and how to improve your productivity. It includes practical tips and how to use tools such as Slack, Google Apps, Hubspot, Google Calendar, Gmail and others.
The six step guide to practical project managementMindGenius
The six step guide to practical project management
If you think managing projects is too difficult, think again.
We’ve stripped back project management processes to the
basics – to make it quicker and easier, without sacrificing
the vital ingredients for success.
“If you’re looking for some real-world guidance, then The Six Step Guide to Practical Project Management will help.”
Dr Andrew Makar, Tactical Project Management
Unlocking the Power of ChatGPT and AI in Testing - A Real-World Look, present...Applitools
During this webinar, Anand Bagmar demonstrates how AI tools such as ChatGPT can be applied to various stages of the software development life cycle (SDLC) using an eCommerce application case study. Find the on-demand recording and more info at https://applitools.info/b59
Key takeaways:
• Learn how to use ChatGPT to add AI power to your testing and test automation
• Understand the limitations of the technology and where human expertise is crucial
• Gain insight into different AI-based tools
• Adopt AI-based tools to stay relevant and optimize work for developers and testers
* ChatGPT and OpenAI belong to OpenAI, L.L.C.
The document discusses various AI tools from OpenAI like GPT-3 and DALL-E 2, as well as ChatGPT. It explores how search engines are using AI and things to consider around AI-generated content. Potential SEO uses of ChatGPT are also presented, such as generating content at scale, conducting topic research, and automating basic coding tasks. The document encourages further reading on using ChatGPT for SEO purposes.
More than Just Lines on a Map: Best Practices for U.S Bike Routes
This session highlights best practices and lessons learned for U.S. Bike Route System designation, as well as how and why these routes should be integrated into bicycle planning at the local and regional level.
Presenters:
Presenter: Kevin Luecke Toole Design Group
Co-Presenter: Virginia Sullivan Adventure Cycling Association
Ride the Storm: Navigating Through Unstable Periods / Katerina Rudko (Belka G...DevGAMM Conference
Has your project been caught in a storm of deadlines, clashing requirements, and the need to change course halfway through? If yes, then check out how the administration team navigated through all of this, relocating 160 people from 3 countries and opening 2 offices during the most turbulent time in the last 20 years. Belka Games’ Chief Administrative Officer, Katerina Rudko, will share universal approaches and life hacks that can help your project survive unstable periods when there seem to be too many tasks and a lack of time and people.
Organizational culture includes values, norms, systems, symbols, language, assumptions, beliefs, and habits that influence employee behaviors and how people interpret those behaviors. It is important because culture can help or hinder a company's success. Some key aspects of Netflix's culture that help it achieve results include hiring smartly so every position has stars, focusing on attitude over just aptitude, and having a strict policy against peacocks, whiners, and jerks.
PEPSICO Presentation to CAGNY Conference Feb 2024Neil Kimberley
PepsiCo provided a safe harbor statement noting that any forward-looking statements are based on currently available information and are subject to risks and uncertainties. It also provided information on non-GAAP measures and directing readers to its website for disclosure and reconciliation. The document then discussed PepsiCo's business overview, including that it is a global beverage and convenient food company with iconic brands, $91 billion in net revenue in 2023, and nearly $14 billion in core operating profit. It operates through a divisional structure with a focus on local consumers.
Content Methodology: A Best Practices Report (Webinar)contently
This document provides an overview of content methodology best practices. It defines content methodology as establishing objectives, KPIs, and a culture of continuous learning and iteration. An effective methodology focuses on connecting with audiences, creating optimal content, and optimizing processes. It also discusses why a methodology is needed due to the competitive landscape, proliferation of channels, and opportunities for improvement. Components of an effective methodology include defining objectives and KPIs, audience analysis, identifying opportunities, and evaluating resources. The document concludes with recommendations around creating a content plan, testing and optimizing content over 90 days.
How to Prepare For a Successful Job Search for 2024Albert Qian
The document provides guidance on preparing a job search for 2024. It discusses the state of the job market, focusing on growth in AI and healthcare but also continued layoffs. It recommends figuring out what you want to do by researching interests and skills, then conducting informational interviews. The job search should involve building a personal brand on LinkedIn, actively applying to jobs, tailoring resumes and interviews, maintaining job hunting as a habit, and continuing self-improvement. Once hired, the document advises setting new goals and keeping skills and networking active in case of future opportunities.
A report by thenetworkone and Kurio.
The contributing experts and agencies are (in an alphabetical order): Sylwia Rytel, Social Media Supervisor, 180heartbeats + JUNG v MATT (PL), Sharlene Jenner, Vice President - Director of Engagement Strategy, Abelson Taylor (USA), Alex Casanovas, Digital Director, Atrevia (ES), Dora Beilin, Senior Social Strategist, Barrett Hoffher (USA), Min Seo, Campaign Director, Brand New Agency (KR), Deshé M. Gully, Associate Strategist, Day One Agency (USA), Francesca Trevisan, Strategist, Different (IT), Trevor Crossman, CX and Digital Transformation Director; Olivia Hussey, Strategic Planner; Simi Srinarula, Social Media Manager, The Hallway (AUS), James Hebbert, Managing Director, Hylink (CN / UK), Mundy Álvarez, Planning Director; Pedro Rojas, Social Media Manager; Pancho González, CCO, Inbrax (CH), Oana Oprea, Head of Digital Planning, Jam Session Agency (RO), Amy Bottrill, Social Account Director, Launch (UK), Gaby Arriaga, Founder, Leonardo1452 (MX), Shantesh S Row, Creative Director, Liwa (UAE), Rajesh Mehta, Chief Strategy Officer; Dhruv Gaur, Digital Planning Lead; Leonie Mergulhao, Account Supervisor - Social Media & PR, Medulla (IN), Aurelija Plioplytė, Head of Digital & Social, Not Perfect (LI), Daiana Khaidargaliyeva, Account Manager, Osaka Labs (UK / USA), Stefanie Söhnchen, Vice President Digital, PIABO Communications (DE), Elisabeth Winiartati, Managing Consultant, Head of Global Integrated Communications; Lydia Aprina, Account Manager, Integrated Marketing and Communications; Nita Prabowo, Account Manager, Integrated Marketing and Communications; Okhi, Web Developer, PNTR Group (ID), Kei Obusan, Insights Director; Daffi Ranandi, Insights Manager, Radarr (SG), Gautam Reghunath, Co-founder & CEO, Talented (IN), Donagh Humphreys, Head of Social and Digital Innovation, THINKHOUSE (IRE), Sarah Yim, Strategy Director, Zulu Alpha Kilo (CA).
Trends In Paid Search: Navigating The Digital Landscape In 2024Search Engine Journal
The search marketing landscape is evolving rapidly with new technologies, and professionals, like you, rely on innovative paid search strategies to meet changing demands.
It’s important that you’re ready to implement new strategies in 2024.
Check this out and learn the top trends in paid search advertising that are expected to gain traction, so you can drive higher ROI more efficiently in 2024.
You’ll learn:
- The latest trends in AI and automation, and what this means for an evolving paid search ecosystem.
- New developments in privacy and data regulation.
- Emerging ad formats that are expected to make an impact next year.
Watch Sreekant Lanka from iQuanti and Irina Klein from OneMain Financial as they dive into the future of paid search and explore the trends, strategies, and technologies that will shape the search marketing landscape.
If you’re looking to assess your paid search strategy and design an industry-aligned plan for 2024, then this webinar is for you.
5 Public speaking tips from TED - Visualized summarySpeakerHub
From their humble beginnings in 1984, TED has grown into the world’s most powerful amplifier for speakers and thought-leaders to share their ideas. They have over 2,400 filmed talks (not including the 30,000+ TEDx videos) freely available online, and have hosted over 17,500 events around the world.
With over one billion views in a year, it’s no wonder that so many speakers are looking to TED for ideas on how to share their message more effectively.
The article “5 Public-Speaking Tips TED Gives Its Speakers”, by Carmine Gallo for Forbes, gives speakers five practical ways to connect with their audience, and effectively share their ideas on stage.
Whether you are gearing up to get on a TED stage yourself, or just want to master the skills that so many of their speakers possess, these tips and quotes from Chris Anderson, the TED Talks Curator, will encourage you to make the most impactful impression on your audience.
See the full article and more summaries like this on SpeakerHub here: https://speakerhub.com/blog/5-presentation-tips-ted-gives-its-speakers
See the original article on Forbes here:
http://www.forbes.com/forbes/welcome/?toURL=http://www.forbes.com/sites/carminegallo/2016/05/06/5-public-speaking-tips-ted-gives-its-speakers/&refURL=&referrer=#5c07a8221d9b
ChatGPT and the Future of Work - Clark Boyd Clark Boyd
Everyone is in agreement that ChatGPT (and other generative AI tools) will shape the future of work. Yet there is little consensus on exactly how, when, and to what extent this technology will change our world.
Businesses that extract maximum value from ChatGPT will use it as a collaborative tool for everything from brainstorming to technical maintenance.
For individuals, now is the time to pinpoint the skills the future professional will need to thrive in the AI age.
Check out this presentation to understand what ChatGPT is, how it will shape the future of work, and how you can prepare to take advantage.
The document provides career advice for getting into the tech field, including:
- Doing projects and internships in college to build a portfolio.
- Learning about different roles and technologies through industry research.
- Contributing to open source projects to build experience and network.
- Developing a personal brand through a website and social media presence.
- Networking through events, communities, and finding a mentor.
- Practicing interviews through mock interviews and whiteboarding coding questions.
Google's Just Not That Into You: Understanding Core Updates & Search IntentLily Ray
1. Core updates from Google periodically change how its algorithms assess and rank websites and pages. This can impact rankings through shifts in user intent, site quality issues being caught up to, world events influencing queries, and overhauls to search like the E-A-T framework.
2. There are many possible user intents beyond just transactional, navigational and informational. Identifying intent shifts is important during core updates. Sites may need to optimize for new intents through different content types and sections.
3. Responding effectively to core updates requires analyzing "before and after" data to understand changes, identifying new intents or page types, and ensuring content matches appropriate intents across video, images, knowledge graphs and more.
A brief introduction to DataScience with explaining of the concepts, algorithms, machine learning, supervised and unsupervised learning, clustering, statistics, data preprocessing, real-world applications etc.
It's part of a Data Science Corner Campaign where I will be discussing the fundamentals of DataScience, AIML, Statistics etc.
Time Management & Productivity - Best PracticesVit Horky
Here's my presentation on by proven best practices how to manage your work time effectively and how to improve your productivity. It includes practical tips and how to use tools such as Slack, Google Apps, Hubspot, Google Calendar, Gmail and others.
The six step guide to practical project managementMindGenius
The six step guide to practical project management
If you think managing projects is too difficult, think again.
We’ve stripped back project management processes to the
basics – to make it quicker and easier, without sacrificing
the vital ingredients for success.
“If you’re looking for some real-world guidance, then The Six Step Guide to Practical Project Management will help.”
Dr Andrew Makar, Tactical Project Management
Unlocking the Power of ChatGPT and AI in Testing - A Real-World Look, present...Applitools
During this webinar, Anand Bagmar demonstrates how AI tools such as ChatGPT can be applied to various stages of the software development life cycle (SDLC) using an eCommerce application case study. Find the on-demand recording and more info at https://applitools.info/b59
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• Learn how to use ChatGPT to add AI power to your testing and test automation
• Understand the limitations of the technology and where human expertise is crucial
• Gain insight into different AI-based tools
• Adopt AI-based tools to stay relevant and optimize work for developers and testers
* ChatGPT and OpenAI belong to OpenAI, L.L.C.
The document discusses various AI tools from OpenAI like GPT-3 and DALL-E 2, as well as ChatGPT. It explores how search engines are using AI and things to consider around AI-generated content. Potential SEO uses of ChatGPT are also presented, such as generating content at scale, conducting topic research, and automating basic coding tasks. The document encourages further reading on using ChatGPT for SEO purposes.
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Ride the Storm: Navigating Through Unstable Periods / Katerina Rudko (Belka G...
ADA Compliance Brief Part II
1. 1
OPINIONS BELOW
The Memorandum and Order of the United States District Courtfor the Eastern
District of Kentucky is unpublished. A copy of the Memorandum and Order is attached as
Appendix A. The opinion of the United States Courtof Appeals for the Sixth Circuit is
unpublished. A copy of the opinion is attached as Appendix B.
STATUTE INVOLVED
This case involves the interpretation of the private club exemption, 42 U.S.C.A.
§ 12187, of Title II of the Americans with Disabilities Act, 42 U.S.C.A. § 12182(a). A copy
of the provision has been attached as Appendix C.
STATEMENT OF THE CASE
A. Statementof the Facts
The Respondent, Bluegrass Country Club (“BCC”), is a golf course and country club
located at 71 Whirlaway Drive, Cold Spring, Kentucky. See R. at 1. The Petitioner, Julia
Hammerschmidt(“Ms. Hammerschmidt”), became a “junior executive member” of BCC
upon marrying her husband, “equity member” Rowan Hammerschmidt, in 2003. Id. Ms.
Hammerschmidt’s issues ensued in 2012, when she developed degenerative arthritis in her
hip. Id. The condition did not impact Ms. Hammerschmidt’s golfing prowess, but it did
render her unable to play eighteen holes without the aid of a golf cart. Id. Due to the
restrictions on cart usage throughoutthe week, restrictionson cart usage in club
tournaments, and restrictions on cart usage at the Kentucky Classic Golf tournament, Ms.
Hammerschmidtwas unable to golf as frequently and competitively as she did prior to her
2. 2
degenerative arthritis. Id at 1-2. Most specifically, her inability to walk eighteen holes of
golf rendered her unable to participate in the members-only tournament. Id.
BCC takes pride in its membership practices and selectivity. Id. at 2. The Club
bragged that it denied membership to an owner of a prestigious Kentucky newspaper
because he was Jewish and further noted that it would undoubtedly deny membership to
President Obama if he were to apply. Id. Candidates for BCC membership must be
sponsored by two members, undergo credit and criminal background checks, and achieve
the vote of two thirds of BCC equity members in order to be granted membership. Id.
Rowan Hammerschmidt is an “equity member” of BCC, while his wife, the
Petitioner, is a “junior executive member.” Id. at 1. Equity members have full privileges
and a vote at all Club meetings. Id. at 2. These members have an ownership of the club
and are entitled to unlimited golf, practice facilities, and all club activities (“Members Only
Grill,” etc.). Id. There is a $12,500 buy-in as well as monthly dues of $300 associated with
equity membership. Id. Junior executive members are either the spouse or an under
twenty-three year old child of an equity member. Id. These members have limited tee
times, pay $100 of dues each month, and are not permitted in the “MembersOnly Grill.”
Id.
BCC is governed by a fourteen-member Board of Trustees. Id. at 3. All of these
board members are male equity members of BCC. Id. The property houses an eighteen-
hole golf course, a swimming pool, four tennis courts, and a dining facility for members and
their guests. Id. The property also has a separate driving range, nine-hole course, and pro
3. 3
shop that are open to the public upon payment of a fee. Id. The driving range and nine-
hole course are located on a separate twenty acre tract of land; this tract runs adjacent to
the 1000 acres upon which BCC sits. Id. The twenty acres is recorded separate from the
1000 acres. The club holds events for nonmembers and members alike on the twenty acre
tract, but nonmembers must be sponsored by a member in order to hold an event. Id. at 4.
Ms. Hammerschmidt, as stated above, was a “junior executive member” of BCC. Id.
at 1. An excellent golfer, she had won BCC’s intra-club women’schampionship in 2008,
2009, and 2010. Id. Following her developmentof degenerative arthritis and her inability
to play eighteen holes withouta cart, rendering her disqualified from tournament play, Ms.
Hammerschmidt filed suit against BCC based upon gender discrimination and disability
discrimination. Id. at 4.
B. Course Proceedings and Disposition in the Courts Below
Following the onset of the degenerative arthritis in her hip and the subsequent
difficulties in her golf experience at BCC (specifically regarding her inability to participate
in tournaments), Petitioner filed suit against BCC in the United States District Court for
the Eastern District of Kentucky. Id. Her two-count complaint alleged: (1) gender
discrimination under the public accommodation provision of Title II, 42 U.S.C.A. § 2000(a);
and (2) disability discrimination under the Americans with Disabilities Act, 42 U.S.C.A. §
12182(a). Id.
Defendant moved to dismiss both claims. Id. at 1. Defendant’s motion was granted
with regard to both counts. Id. at 4. The court dismissed the gender discrimination count
4. 4
based on its lack of inclusion in the public accommodation legislation. Id. Though some of
Defendant’s policiesdisparately impact women, gender is not a protected class under the
public accommodation provisions of Title II, 42 U.S.C.A. 2000(a), and Plaintiff stated no
other cause of action applicable to gender discrimination. Id. The courtdismissed count
two because, regardless of any disability discrimination, the Defendant is a private club
and exempt from the Americans with Disabilities Act. § 12182 (a); See R. at 4.
Plaintiff appealed the districtcourt’s dismissal of her disability discrimination
claim. Id. at 5. On appeal, the United States Court of Appeals for the Sixth Circuit was
charged with the issue of whether Bluegrass Country Club is a public accommodation and
subject to the ADA. Id. Upon review, the court found that there was no error in the district
court’s decision. Id. Accordingly, the court of appealsaffirmed the districtcourt’s judgment
and upheld the dismissal of the disability discrimination claim. Id.
This Court granted certiorari to decide a single issue: whether Bluegrass Country
Club is a private club and therefore exempt under the Americans with Disabilities Act. Id.
at 6. Because the court of appeals correctly determined that BCC is a private club and
exempt from the Americans with Disabilities Act, this Courtshould affirm the Sixth
Circuit’s judgment.
C. Standard of Review
This Court has been charged with reviewing a single issue: whether Bluegrass
Country Club is a private club and therefore exempt under the Americans with Disabilities
Act. Id. The burden of proving the private club exemption is on the Respondent. Since the
district court judge decided this question as a matter of law on a motion to dismiss, this
5. 5
Court must apply the de novo standard of review. See Berkovitz v. United States, 486 U.S.
531, 540 (1988) (“Because the decision we review adjudicated a motion to dismiss, we accept
all of the factual allegations in petitioner’s complaint as true and ask whether, in these
circumstances, dismissal of the complaint was appropriate.”). Though this Court need not
concur with lower courts, it should still affirm the Sixth Circuit’s judgment because
Petitioner failed to state a claim upon which relief could be granted: BluegrassCountry
Club is a private club, not a public accommodation, and therefore is exempt from the
restrictions and requirements of the Americans with Disabilities Act.
SUMMARY OF THE ARGUMENT
The United States Court of Appeals for the Sixth Circuit correctly affirmed the
district court’s dismissal of Ms. Hammerschmidt’s disability claim. The Sixth Circuit
correctly concluded that Bluegrass Country club is a private club, not open to the public,
and is exempt from Title III of the ADA’s coverage. Accordingly, this Court should affirm
the Sixth Circuit’s judgment.
Title III provides for coverage of all public accommodations, but does not apply to
private clubs. This means that the ADA private club exemption excludes private clubs that
were not subject to Title II of the Civil Rights Act of 1964. Therefore, in reaching the
conclusion that BCC is a private club and exempt from the ADA, the analysis of its
exemption must come from Title II case law precedentand a look into the relevant factors
presented, as compared to the facts of Ms. Hammerschmidt’s claim against Bluegrass
Country Club.
6. 6
Case law has found a number of factors that, when balanced and applied, indicate
whether a club qualifies for private club status. The most critical of these factors is the
genuine selectivity of a club. This factor is not only the most critical, but it is the most
prevalent in BCC’s privacy analysis. Bluegrass Country Club has a specific, deliberate
manner of screening its applicants and consistently follows such procedures, indicating that
BCC is a private club.
Several other factors that are typical of private clubs relate to the character and
structure of the organization. The high level of membership control, the history and
purpose of the club, the formalities instituted, the not for profit classification, and the lack
of advertising for new members are all indications of whether a club is private or public.
These additional factorsfurther show that Bluegrass Country Club is a private club.
A final factor, closely related to the critical genuine selectivity, is the appropriate
nonmember use policies and the requisite separation and distinction needed for a mixed use
facility. The fact that BCC follows a limited policy regarding nonmembers, only allowing
use to members and bona fide guests (after being sponsored, etc.), evidences that it is not
open to the public but is a private club. Additionally, the separate twenty acre tract open to
the public allows a mixed use facility in which the thousand acre BluegrassCountry Club
tract is private and not subject to the ADA, while the twenty acre tractis a public
accommodation and subject to the ADA. The two are separately recorded and physically
distinguished, indicating that private club status is preserved. BCC’s operation of a
separate facility open to the public does not kill its private club status, but further
7. 7
enunciates the club’s (1000 acres) purpose as opposed to the purpose of the public portion
(20 acres).
The Sixth Circuit correctly affirmed the dismissal of Ms. Hammerschmidt’s
disability discrimination claim by concluding that Bluegrass Country Club is a private club
exempt from coverage under Title III of the Americans with DisabilitiesAct. Accordingly,
this Court should affirm the Sixth Circuit’s judgment.
ARGUMENT
I. BLUEGRASS COUNTRY CLUB IS A PRIVATE CLUB AND EXEMPT FROM
THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT
The Americans with Disabilities Act (“ADA”) prohibits discrimination “on the basis
of disability in the full and equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of any place of public accommodation by any person who
owns, leases (or leases to), or operates a place of public accommodation.” § 12182 (a). This
providesthat a person will not be discriminated against based on disability by being
completely denied participation, by being allowed participation with unequal benefit, or by
enjoying a separate/different benefit. § 12182 (b)(1). Public accommodationsinclude a
“gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.”
§ 12181(7)(L). However, just because a facility falls within one of these categories does not
mean it cannot be exempt from the ADA as a private club. Jankey v. Twentieth Century
Fox Film Corp., 212 F.3d 1159, 1161 (9th Cir. 2000). The provisions of 42 U.S.C.A. § 12182
8. 8
do not apply to private clubs or other organizations “exempted from coverage under Title II
of the Civil Rights Act of 1964.” § 12187.
Looking at the provisions of the ADA, the determination of whether the club is a
public accommodation or a private club will either render BCC exempt from the Americans
with Disabilities Act or subject to the scrutiny of the Act. The test to determine whether a
club qualifies for private club status, however, is not clear cut; the Civil Rights Act provides
little assistance on the matter and merely sets forth a factual test, without actually
defining “private club.” Wright v. Cork Club, 315 F. Supp. 1143, 1150 (S.D. Tx. 1970).
Case law provides many factors for private club analysis, but none are dispositive and each
must be looked at on a case by case basis. Id. The differences among organizations call for
this “fact-based inquiry” into the circumstances of each case. Nesmith v. Young Men’s
Christian Ass’n. of Raleigh, N.C., 397 F.2d 96, 98 (4th Cir. 1968). Put simply, the definition
of “private club” is elusive and largely dependent on the facts of the case relative to many
factors derived from precedent.
There are a number of relevant factors that, when analyzed alongside the facts, can
“tip the balance for or against private club status”: genuine selectivity of the group in
admission of members; membership control over the operationsof the establishment;
history of the organization; purpose of the club’s existence; the formalities observed by the
club; whether the club is profit or not for profit; whether the club advertises for members;
and use of the facilities by nonmembers. U.S. v. Lansdowne Swim Club, 713 F. Supp. 785,
796-797 (E.D. Pen. 1989).
9. 9
Analyzing the facts associated with Ms. Hammerschmidt’sclaim, in conjunction
with these factors, the Sixth Circuit correctly affirmed the district court’s dismissal of Ms.
Hammerschmidt’s disability discrimination claim. BCC is a private club exempt from the
Americans with Disabilities Act, putting her claim outside of the ADA’s protection.
Accordingly, this Court should affirm the Sixth Circuit’s judgment.
A. The Club’sMembership Practices Are Both Highly Selective and Subject to
Member Discretion
The Americans with Disabilities Act approaches the issue of discrimination based on
disability in settings of public accommodation. § 12182 (a). Conversely, an organization
that is deemed a “private club” is exempt from the restrictions of the ADA. § 12187. In
distinguishing a private club from a public accommodation, the most important factor is
“genuine selectivity of the membership process.” Lansdowne, 797. Selectivity has been
viewed in many lights in the past. It has been said to regard the “nexus between the
organization’s purpose and its membership requirements.” Welsh v. Boy Scouts of
America, 993 F.2d 1267, 1277 (7th Cir. 1993). It has been seen as a screening process aimed
at protecting freedom of association values. Martin v. PGA Tour, Inc., 984 F. Supp. 1320,
1325 (D. Or. 1998). As with all the aforementioned factors to be considered, selectivity has
no concrete formula but must be determined on a case by case basis.
Many pieces go into the selectivity equation: sufficiency of the membership fees;
numerical cap on club membership; membership control over the selection of new members;
formality of the club’s admission procedures; admission standards; etc. Lansdowne, 797.
Looking at each of these relative to the facts of the case, Bluegrass Country Club satisfies
10. 10
the analysis and consequently satisfies the selectivity requirement for private club status
and exemption from the Americans with Disabilities Act.
The presence of dues, as well as initiation fees, is a general characteristic that many
private clubs possess. U.S. v. Jordan, 302 F. Supp. 370, 376 (E.D. La. 1969). Some courts
have gone so far as to deem a club private “due in substantial part to the substantial
membership fee” and dues. Reimer v. Kuki’O Golf and Beach Club, Inc., 2013 WL 1501522
(D. Haw. 2013). The presence and substantiality of the dues are both important to the
question of selectivity. Looking at the membership fees as a means of establishing
selectivity, it is clear that BCC does not concede membership withouta high level of
financial commitment.
In order to join BluegrassCountryClub as a “junior executive member,” the member
must be the spouse or child (under age 23) of an “equity member.” See R. at 2. Junior
executive members pay $100 in monthly dues but enjoy only limited tee times; additionally,
they are not permitted in the “Members Only Grill.” Id. This monthly fee for junior
executives, however, is only available with the prerequisite of an equity membership. Id.
An equity member pays monthly dues of $300, supplemented with an initial buy-in of
$12,500. Id. These members enjoy full privileges of BCC. Id. Looking at this practically, a
family of three who seeks membership at the club would pay the $12,500 buy-in for equity
membership, $300 for monthly equity dues, and $200 monthly dues for each junior
executive member; this totals to $12,500 from the buy-in and $6000 each year in dues.
That amount only includes one equity membership providing full privileges and enjoyment
of the club. If the entire family were to seekequity membership, there would be a
11. 11
composite $37,500 buy-in and $10,800 of monthly dues each year. These expectations
certainly satisfy the presence and substantiality of dues sought to indicate the heightened
standards for selectivity present in private clubs.
The placement of a cap on membership numbers can be seen as a proponent for
finding selectivity, but it is not dispositive on the issue. Welsh, 1277. Large membership
numbers do not, standing alone, deprive an organization of private club status so long as its
membership requirements were parallel to the purpose of the group.Martin, 1324. Neither
the popularity of an organization nor the small number of rejections indicates that a club
does not possessthe requisite membership requirements. Welsh, 1277. The lack of a
maximum number of members accepted does not, therefore, indicate that BCC is a public
accommodation.
A number of other characteristicsof the membership process, which will be further
analyzed following this, can compensate for the lack of a members cap. The purpose of a
members cap in determining selectivity is to show that not everyone who can afford the
financial burden of membership will be accepted. With the requirements of sponsorship by
two current BCC members, credit and criminal background checks, and survival of a
membership vote in place to achieve membership, the necessity of a membership cap can be
minimized in the selectivity equation. Additionally, the character of the club sets forth a
rich history that applicants can see and feel. It is likely that only those who know they
meet the standards and will “fit in” with the Bluegrass Country Club culture seek
acceptance in the club.
12. 12
Membership control over the selection of new members indicates a high level of
selectivity in that the members of the club are the ultimate last voice in determining
acceptances. A more democratic internal governance of the club, especially regarding new
member processes, brings a higher indication of a private club. Cornelius v. Benevolent
Protective Order of the Elks, 382 F. Supp. 1182, 1203 (D. Con. 1974). As individuals apply
for membership with BCC, they undergo a seriesof steps which ultimately leads to a vote
from two thirds of the currentmembers (equity members – not junior executive members).
See R. at 2.
Related to the membership control, the formality of the club’s admission procedure
and the admission standards indicate that it is not an arbitrary decision-making process; it
is a methodical, standardized, unchanging manner by which the club accepts or rejects
those seeking membership. Jordan, 376. A case with a similar predicament, trying to
establish its private club status, had nearly identical procedures as BCC; the organization
required applicantsto be recommended by two members, be male, be of good character,
believe in a Supreme Being, fill out and sign an application, be referred to an investigating
committee, and following investigation be put to a vote. U.S. v. The Trustees of the
Fraternal Orderof Eagles. 472 F. Supp. 1174, 1176 (E.D.Wi. 1979). Despite the fact that
BCC does not require that members be male and believe in a Supreme Being, BCC parallels
this case in the respectthat they have specific character expectations for potential
members. The downfall of the Eagles organization’s argumentfor exemption from public
accommodation restrictions, however, was their failure to comportwith their own
13. 13
procedures. Id. at 1176. Converse to the Eagles case, there is no evidence or indication
that BCC has strayed from its member selection process at any time.
BCC member-hopefuls must be sponsored by two current members in order to even
be considered. See R. at 2. Then they must pass credit and criminal background checks to
ensure that they are financially capable of making their payments, fiscally responsible, and
are law-abiding citizens. Id. Only after they have successfully completed these steps can
their membership potential be tested by a vote of two thirds of the equity members of BCC.
Id. More testament to the formality of the admission procedure is the creation of the two
categories of membership discussed above. The By-laws of BCC established the distinction
between equity membersand junior executive members; this further evidences the selective
and elite nature of BCC’s membership process. Even once members have been accepted,
they are not all put on a level playing field with equal access, privileges, and priority at
BCC.
In addition to the pieces of the selectivity equation, BCC makes it publicly known
that they, as a club, are proud of their selective membership practices. They do not shy
away from their arguably discriminatory membership practices. BCC’s purpose behind its
new member application processing formula is to screen out those individualswho do not fit
their club culture for any reason, in an effort to protect their freedom of association.
Martin, 1325. Bluegrass Country Club is the oldest golf course and country club in the
Midwest. See R. at 1. It hosts the televised, nationally prestigiousKentucky Classic Golf
tournament every five yearsvia a rotation schedule among Kentucky’s five country clubs.
Id. at 2. It hosts two “club” golf tournaments each year, both of which culminate in highly
14. 14
sought-after prizes for the winners. Id. at 3. BCC exercisessuch extreme selectivity in
order to maintain this level of prestige, class, and elitism and therefore must be deemed to
be a private club.
B. The Nature of the Organization is Such That Its Operations, Intent, and
Structure Align With that of a Private Club
The general character of BCC, via a number of factors, strongly indicates that it is a
private club, not a public accommodation. First, the membersof BCC have a high level of
control in the operations of the club. Lansdowne, 796; Cornelius, 1203. Next, BCC’s
history and purpose suggest that the club was created to serve its members, not the public
at large; the club’s formalities and proceduresare consistentwith that of a legitimate
private club, not just a public entity who made changes to shirk the requirements of civil
rights legislation; and it is registered as a non-profitcorporation under Kentucky law.
Lansdowne, 797; Trustees, 1175; Wright, 1153. Lastly, BCC does not actively advertise to
find new members; its publicity, if any is present, is geared toward members for their
information and guidance. Wright, 1153.
1. Members have a high level of control and participation in the operations
of BCC
A more democratic degree of membership control over internal governance indicates
that the organization is private. Cornelius, 1203. This is especially relevant in the
selection of new members; as highlighted above, the more democratic the processis, the
better it looks for exemption purposes. Id. BCC operates with the requisite level of
15. 15
member control and participation necessary to factor into the private club equation.
Lansdowne, 796.
Member recommendation or sponsorship is needed for many activities at BCC.
Nonmember events such as weddings, corporate events, and other social outings are held
on the twenty acre tract, but the catering of these events must be sponsored by a member.
See R. at 4. Members must sponsor individuals before they can begin the process of
admission for membership. Id. at 2. Once the individuals have been sponsored by two
members, they eventually are voted upon by the equity members at BCC before they can
ultimately become members of BCC. Id. Potentially most critical in the member control,
though, is the Board of Trustees, which is comprised of fourteen equity members. Id. at 3.
By way of an annual Board of Trustees meeting and a bi-annual membership meeting, this
governing group of equity members makes decisions about the club and its operations in
general and also oversees the process of awarding membership and voting on new
members. Id. at 3. The presence of member control ensures that BCC will keep close to its
membership standards and maintain the values it seeks among its members. BCC’s
membership control indicates that it is indeed a private club.
2. BCC’s past and present character indicates that the club is legitimately
private
One of the obvious purposes of the Civil RightsAct is to protect, exclusively, the
legitimately private clubs that have genuine criteria for membership. Nesmith, 102. The
history of the organization must be consistent with the intent to serve the “desired
membership population, not to be a subterfuge for civil rights legislation.” Lansdowne,
16. 16
802. Courts have provided that the elusive determination of whether a club is private is a
legal standard by which clubs must conform to the legislative purpose that was present
upon inception. Wright, 1150. This is evidenced largely by the “not for profit” classification
of BCC; the function of the club is solely for the benefit and pleasure of the members. Id. at
1153. As the oldest golf course and country club in the Midwest, a not for profit
classification shows that the club has long been devoted to its members and has not
whimsically altered its course to comportto factorsfor private club exemption from the
Americans with Disabilities Act (or the rest of the Civil Rights Act, for that matter).
BCC’s history, purpose, not for profit classification, and formalities indicate that it
has been and was intended to be a private club. It is the oldest golf course and country club
in the entire Midwest. It is classified as a non-profitorganization, showing that its sole
purpose is not to generate profit, but to serve its constituencyand provide services and
opportunities for members. Further showing the intent and sincerity of the BCC’s privacy
are the formalities that the club observes. Lansdowne, 797. BCC has numerous
formalities/procedures that indicate its private status: a fourteen-member Board of
Trustees; annual Board of Trustees meetings; bi-annual membership meetings; new
member processes; By-laws creating two categories of membership; etc. See R. at 2-3.
These deliberately crafted and religiously followed procedures show that Bluegrass Country
Club is operated according to tradition and parallel to the intent of its founders.
3. BCC does not actively advertise for members
“Organizations which advertise and solicitnew membersdo not fall within the
private club exemption.” Lansdowne, 797. “Advertise” can mean a number of things: “to
17. 17
make the public aware of something that is being sold; to make a public announcement
about something that is wanted or available; or to cause people to notice something.”
Webster’s Third New International Dictionary (1993). Under any and all of these
meanings, BCC’s actions do not constitute advertising or soliciting new members. Even if
BCC’s efforts did satisfy one of the definitions of advertise, though, the club’s actions were
relative to the twenty acre tract which is separate from the private thousand acre tract.
The facts present two instances which must be distinguished from advertising.First,
BCC includes information about catering, golf lessons, the driving range, the nine-hole
course, and the pro shop on their club website. See R. at 4. This can hardly be deemed an
effort to solicit new members. The club website, likely used primarily by club members,
contains the above inclusionsfor the purpose of informing about these services and
features; it is not for the purpose of making the public aware of membership opportunities,
publicly announcing that members are wanted/memberships are available, or making
people notice the potential for membership. At most, the purpose of these provisions on the
website is to inform and educate club members, who are not members of the “public” (as
noted in the definition of “advertise”).
Second, BCC views reaching out to nonmembers by catering their events on the
twenty acre tract as a way to possibly increase membership. Id. It would be incorrect to
designate this as BCC making the public aware of something being sold, something
available, or something to notice due to the fact that the catering events are held on the
twenty acre tract. The portion of BCC that is a private club, the thousand acre tract, is in
no way being promoted via these member-sponsored events for nonmembers. The twenty
18. 18
acre tract is separate from the thousand acre BCC property, which is not being advertised
at all through these events. Holding nonmember events on the public portion of the BCC
does not constitute advertising for new members for the private portion, since the twenty
acre tract is not where the members actually enjoy the BluegrassCountry Club’s amenities.
Even if the website and nonmember catering would constitute advertising, though,
both are in relation to the twenty acre tract running adjacent to the actual thousand acre
BCC. As discussed next, the thousand acre tract is the private club and exempt from the
Americans with Disabilities Act, while the twenty acre tract is distinctly separate and could
be considered a public accommodation without killing BCC’s private club status. BCC’s
actions do not constitute advertising for new members and therefore its private status is
unharmed by the actions.
C. Nonmember Use and Mixed Use of the BCC-Owned TractsDoesNot Preclude
Them From Private Club Status
Within bounds, nonmember use of a club does not kill private club status. Kelseyv.
University Club of Orlando, 845 F. Supp. 1526, 1529 (M.D. Fla. 1994). (A private club had
a limited guest policy, but there was evidence that this policy was not followed on various
instances; this rendered the club a public accommodation under the ADA). In many cases
the courts have found a club to be private when the nonmember use was limited, mixed use
was present, and there were visible and ascertainable distinctions between the private
portion and the public portion.
In one case involving a suit based on inaccessibility to disabled persons of a film
production studio, the courtprovided that “‘mixed use’ facilities can also exist, consisting of
19. 19
an exempt facility of which a portion is a public accommodation. That portion, and only
that portion, will therefore be subject to the ADA.” Jankey v. Twentieth Century Fox Film
Corp., 14 F. Supp. 2d 1174, 1179 (C.D. Cal. 1998). This principle was illustrated in
another case involving a disability claim based in part on the exclusion from the store’s
employee-only restroom. Doran v. 7-Eleven, Inc., 524 F.3d 1034, 1048 (9th Cir. 2008). The
court held that even though the retail portion of the store was a public accommodation, the
restroom was not. Id. The Doran court reiterated that in cases of “mixed-use” facilitieswith
only part of the facility being public, the portion that is closed to the public is not to be
considered a public accommodation and therefore is exempt from the ADA. Id. To the
extent that such a mixed use facility is closed to the public at large, it is not subject to the
public accommodationsrequirements of the Americans with Disabilities Act. Olingerv.
U.S. Golf Ass’n, 2005 F.3d 1001, 1004 (7th Cir. 2000), vacated on other grounds, 532 U.S.
1064 (2001).
Other cases involving the limited nature of nonmember use have held that
occasional or inconsistentuse does not make the club a public accommodation. One such
case had very similar facts to the present case and held that a private club with a ‘limited
guest policy’ is still not to be considered a public accommodation so long as guests are not
being permitted “unfettered use of facilities.” Kelsey, 1529. Another case concluded that a
private club is not converted to a place of public accommodation under the ADA by only
occasional use of the facilities by nonmembers, provided that the nonmembers have been
invited by club management or members. Reimer, 3. Opposite to these findings, though,
one country club was found to be a public accommodation because their facilities were too
20. 20
accessible to nonmembers. Thornton v. Shaker Ridge Country Club, Inc., No. 07-CV-761
(DRH), at 3 (N.D. NY. 2007). Even with high levels of selectivity, including two signatures
of current members, a committee meeting, a meeting with elected member officers,
approval, and fees, the club was deemed public as a result of their lax nonmember habits.
Id. These cases indicate that nonmember use is not completely barred, but there is a very
specific distinction to be noted when allowing nonmember use. A truly private club limits
use to members and bona fide guests; regular indiscriminate use of the club defeats the
purpose of a private club. Wright, 1151-1152.
Circumstances that presenttwo distinctly separate portions owned by the club can
still maintain private club status as well. One court dealt with this issue where there were
different buildings involved and held that there can still be an exemption so long as there is
a distinction between the uses of the buildings. Nesmith, 99. Alternately, one case held
that a PGA tournament attempting to “compartmentalize”the in the ropes and behind the
ropes areas was not sufficient to constitute mixed use. Martin v. PGA Tour, Inc., 204 F.3d
994 (9th Cir. 2000). Zoning off areas to be private or public is clearly differentthan two
distinctly separate facilitieswithin an organization’s facilities. BCC’s thousand acre tract is
only open to members of the club, while the twenty acre tract running adjacent to the
thousand acre tract is open to public use upon paymentof a fee. The clear separation
between the thousand acre BCC tract and the publicly used twenty acre tract illustrates
the physical and figurative distance between the tracts; one is a private club exemptfrom
the ADA, while the other is a public accommodation subject to the ADA .
21. 21
CONCLUSION
The Sixth Circuit correctly concluded that Ms. Hammerschmidt’s disability
discrimination claim should be dismissed. BCC satisfies scrutiny against the factors that
precedent has provided for determining private club status and ADA exemption.
Accordingly, this Court should affirm the Sixth Circuit’s judgment because Bluegrass
Country Club is a private club and is consequently exempt from the requirements of the
Americans with Disabilities Act.