MCAD Decision on Discrimination By All-Male Fly Club Still Uncertain

Last spring, officials at the Massachusetts Commission Against Discrimination (MCAD) said they thought they could wrap up a discrimination complaint filed against one of the nine all-male final clubs, but today the end is not in sight.

Lawyers and MCAD's spokesperson refuse to speculate on just how soon the commission will rule on the complaint, although a decision could come this semester. The time to complete a case averages slightly under 300 days.

The Fly Club and Kevin G. Baker, the lawyer representing complainant Lisa J. Schkolnick '88, have spent months responding to commission inquiries, raising objections and gathering evidence to back their views. Now MCAD must sort out the information and decide whether it has jurisdiction over the case and how it should rule. The state judicial body has given the case to its legal arm to review, according to spokesperson Judith K. Wright.

If the commission finds "probable cause," it will hold a public hearing to decide the matter.

"No one disagrees for a minute whether the Fly Club discriminates against women," but just if the practice is illegal, says Baker.

The case hinges on whether the club is a public accommodation and thus prohibited by law from discriminating on the basis of race, religion, ethnicity or sex. If the club is public, it must open its doors to women, but if it is deemed private, Baker says, "It can discriminate to its little heart's content."

Fly Club attorneys Casimir de Rham '54 and Judith Malone will not comment on the case until it is concluded.

MCAD will probably settle the jurisdiction question and rule on the case at the same time, Wright says.

But Baker says the club's constant requests for a dismissal, its refusual to give complete information and responses that were "wrong in some cases" make MCAD's investigation longer and more difficult. During the summer, the club filed another motion to dismiss. MCAD prevented further requests by deferring such motions until the investigation is completed.

No matter what MCAD decides, the case is liable to be held up in appeals, and Schkolnick or the club can still file suit in civil court. A similar case against Princeton's all-male eating clubs filed by Sally Frank is still being debated after years of litigation.

While many single-sex clubs in the area have decided to change their policy since Schkolnick began her complaint, none of the clubs have voted to admit women.