Legal Question in Discrimination Law in Florida

Restricted Membership

A Swiss-owned corporation, which has registered in Florida, plans to develop a 142-unit vacation resort in Florida. By buying a share in the corporation, one becomes a club member and is eligible to vacation at any of the corporation's many resorts. In its presentation to the community where they plan to build the resort in Florida, the corporation's Florida attorney stated that membership would not be made available to U.S. citizens. Can this restriction possibly be legal? I hope I have provided enough information for you to answer my question and I thank you very much for your time and attention.


Asked on 7/10/99, 4:53 pm

1 Answer from Attorneys

Re: Restricted Membership

Under what / whose laws do you think it would be illegal? The U.S. laws? I personally don't see why; U.S. discrimination laws benefit specifically listed "protected classes", namely groups of people that the statutes designate as historically disadvantaged, such as black people, various religious minorities, etc. U.S. citizens are not one of the protected classes.

I could be wrong! There might be some sort of law in some world court that this violates, but I doubt it. I AM sorry.

There is probably some sort of reason for that rule having to do with ... TAXES! It's probably some annoying amount of IRS filing requirements that make them shy away from offering it to U.S. citizens. Alternatively, it could be a consumer protection law in Florida meant to prevent deception and enticement into land deals based upon illusory promises for vacation housing which, in reality, might be way overbooked all the time. Maybe they can deceive other foreigners throughout the world, but here in the U.S. there will be no tricks!

I have a question for you: why did your question reflect some connection to Massachusetts? Where in Mass.? How old are you? Are you married with children? Please write to me directly at [email protected] or if you are in the Eastern half of Mass., call me at (617) 527-0050 if that'd be your preference.

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Answered on 7/14/99, 10:47 am


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