PRIVATE CLUBS

New Orleans City Code ch. 86, art. VII

in effect

New Orleans City Code § 86-35 Distinctly private entities.

Sec. 86-35. - Distinctly private entities. (a) The director shall maintain a registry of institutions, clubs or places of accommodation certified by him to be distinctly private in character. The provisions of this section shall not apply to any institution, club or accommodation included in the registry for so long as it is so included. Any certification that a club or institution is distinctly private in character shall be valid for a period of three years from the date of the initial certification, but may be renewed upon application of the registrant for successive additional periods of three years. (b) The director, upon application of any institution, club or accommodation, shall certify an applicant for inclusion in the registry if the applicant proves, by a preponderance of the evidence, that it is distinctly private in character. A club or institution is distinctly private in character if either: (1) a. Its services, accommodations, advantages, facilities, or privileges are not offered or available to the public or to a wide sector of the public exclusive of a class or classes discrimination against whom is prohibited by this article; b. It is not an agent or creature of the state or its agencies or subdivisions, and its activities do not constitute state action; c. It does not advertise for or engage in general solicitation to attract potential customers, patrons, or members; d. It does not fulfill a vital community role affected with public interest; e. Its activities are not subsidized directly or indirectly by public funds, nor does it otherwise receive governmental support; f. It does not exist or operate for commercial or business purposes; g. It generally denies its services, accommodations, advantages, and privileges and participation in its activities, meetings, and social functions to all but members and their guests; h. Its membership is of moderate size, and it is not connected with a larger institution, club or accommodation that is a public accommodation; i. Its organizers had the intention of constituting a private institution, club, or accommodation; j. Its organizational structure has not been altered since passage of the Civil Rights Act of 1964 in an attempt to avoid the applicability of that act, or since the effective date of the ordinance from which this article was derived, in an effort to avoid the applicability of this article; k. Its members have a nexus of common interest; l. Its membership policies include an element of exclusiveness based on one or more criteria other than membership in a class against whom discrimination is prohibited by this article; and m. It does not offer or constitute facilities, sponsor activities, or create an environment where business deals are often made and personal contacts valuable for business purposes, employment, and professional advancement are formed; or (2) Its character as an institution, club, or association is such that, under the constitutional doctrines of freedom of association (including expressive association) and privacy prevailing in the law at the time of the hearing, the constitution of this state or of the United States requires that this section not be applied against it. (c) An application to be certified for inclusion in the registry shall be in writing on a form prepared by the director and shall include all information reasonably determined by the director to be necessary or useful to consideration of the application. Each application shall be signed by a duly authorized officer or agent of the applicant who shall attest by oath or affirmation to the truth of its contents. (d) Upon receipt of an application, the director shall assign it a date and time for public hearings which shall be not sooner than four weeks and not later than six weeks from the date of receipt of the application. Notice of the application and the hearing, in a standard form which shall be prescribed by the director, shall be published in the official journal by the applicant and at its expense at least three times so that the first publication shall be not more than 28 and not less than 21 days and so that the last publication shall be not more than seven and not less than two days prior to the hearing. Any interested person may appear at the hearing to support or oppose the application, subject to such reasonable regulations and time limits as the director, or his designee as presiding officer, may prescribe. The hearing shall be conducted in accordance with the provisions of the Administrative Procedures Act with respect to the rules of evidence. (e) Within seven days of the conclusion of the hearing, the director shall notify the applicant and any interested person who has requested such notice of his determination to grant or deny certification for inclusion in the registry. The decision of the director shall be in writing, shall state the reasons for his determination, and shall become effective as a certification seven days after it is assigned by the director. (f) On his own motion, or upon the written complaint of any interested person, the director may initiate proceedings for the removal of any institution, club or accommodation from the registry. The motion or complaint by which removal proceedings are commenced shall be in a verified writing and shall set forth facts sufficient to show that the respondent institution, club or accommodation is not distinctly private in character. The motion or complaint shall be signed by the complainant or a duly authorized agent of the complainant who shall attest by oath or affirmation to the truth of its contents. (g) Upon the receipt of filing in the office of the director of such a motion or complaint, the director shall assign it a date and time for public hearings which shall be not sooner than four weeks and not later than six weeks from the date of receipt of the complaint. Notice of the complaint and the hearing, in a standard form which shall be prescribed by the director, shall be published in the official journal by the complainant and at its expense at least three times so that the first publication shall be not more than 28 and not less than 21 days and so that the last publication shall be not more than seven and not less than two days prior to the hearing. Any interested person may appear at the hearing to support or oppose the complaint, subject to such reasonable regulations and time limits as the director, or his designee as presiding officer, may prescribe. The hearing shall be conducted in accordance with the provisions of the Administrative Procedures Act with respect to the rules of evidence. Within seven days of the conclusion of the hearing, the director shall notify the complainant, and any interested person who has requested such notice, of his determination to grant or deny continued certification for inclusion in the registry. The decision of the director shall be in writing, shall state the reasons for his determination, and shall become effective seven days after it is signed by the director. If a decision to deny continued certification becomes effective, the respondent shall be removed from the registry immediately. (h) An institution, club or accommodation may at any time apply or reapply to be certified for inclusion in the registry notwithstanding the fact that it may have been denied certification or been removed from the registry in the past. A motion or complaint seeking removal of a club or institution from the registry shall be denied without a hearing by the director if a motion or complaint initiated by the same person and setting forth the same or substantially similar facts has been denied within the past six months. (M.C.S., Ord. No. 19,278, § 1, 6-17-99)

New Orleans City Code § 86-36 Exclusion based on disability.

Sec. 86-36. - Exclusion based on disability. Nothing in this article shall be construed to prohibit a parading carnival krewe or other parading organization from excluding a person with a disability from riding on a float in a parade; provided, that an organization not exempt under the provisions of section 86-35(b) may exclude such a person only if the director certifies in writing, after consultation with the officers of the organization, with the excluded person, and with the director of health, that permitting the person with a disability so to ride would create a public safety or health hazard or would cause an unreasonable burden of expense to the parading krewe or other organization. Any legitimate increase in the cost of procuring insurance may be considered when determining the reasonableness of proposed discrimination. This section shall not authorize the exclusion of any person from the other benefits of membership or participation in such a krewe or organization not exempt under the provision of section 86-39(b), on the basis of disability. (M.C.S., Ord. No. 19,278, § 1, 6-17-99)

New Orleans City Code § 86-37 Operation of article with respect to other laws.

Sec. 86-37. - Operation of article with respect to other laws. (a) The provisions of this article, for so long as the same remain in effect, shall supersede with respect to discrimination in "public accommodations," any and all conflicting or incompatible provisions or applications of provisions of articles IV through VI. No respondent or defendant shall be required to defend against or shall be held accountable or guilty of both a charge of discrimination in public accommodations under this article and a charge of discrimination in public accommodations under articles IV through VI if the charge arises out of the same alleged discriminatory practice or acts, it being the intent of this chapter that any discrimination in public accommodation which is unlawful under both this article and article IV shall be treated as a violation of this article until such time as a complaint has been filed pursuant to this article. (b) The provisions of subsections (e), (f) and (g) of section 86-35 shall apply to this article. (c) No complaint shall be filed in municipal court regarding discriminatory acts or practices which are prohibited by this article until such time as a complaint has been filed pursuant to the requirement of this article and a final disposition of the matter has been made by the commission. (M.C.S., Ord. No. 19,278, § 1, 6-17-99)

New Orleans City Code § 86-38 Specific enforcement provisions; carnival parade organizations.

Sec. 86-38. - Specific enforcement provisions; carnival parade organizations. (a) The violation of this article by carnival krewes, parading carnival organizations, other organizations organized or existing for the primary or dominant purpose of observing or participating in the carnival season and clubs or institutions which fall within the definition in section 86-1.5, and which would not otherwise than under the provisions thereof be considered as a "public accommodation" under this article shall not constitute a misdemeanor and shall not be subject to prosecution or punishment in the municipal court, unless the violation arises from the breach of a final, definitive and enforceable order of the commission or of an order embodying a conciliation agreement or unless the violation is the willful resistance, prevention, impedance, or interference with the commission or any of its agents or representatives in the performance of its duty under this article. Notwithstanding any other provisions of this article to the contrary, any violation of this article by carnival krewes, parading carnival organizations, other organizations organized or existing for the primary or dominant purpose of observing or participating in the carnival season and clubs or institutions which fall within the definition in section 86-1.5 and which would not otherwise than under the provisions thereof be considered as "public accommodation" under this article, or by the officers or agents of any body in their capacity as such, which does constitute a misdemeanor, shall be punishable only by a mandatory fine of not less than $100.00 and not more than $500.00 and shall not be punishable by imprisonment. (b) Neither the city nor the commission shall be obligated to initiate or intervene in any proceedings in any court for the purpose of enforcing this article or a final order of the commission against any carnival krewes, parading carnival organizations, other organizations organized or existing for the primary or dominant purpose of observing or participating in the carnival season and clubs or institutions which fall within the definition of section 86-1.5 and which would not otherwise than under the provisions thereof be considered as a "public accommodation" under this article, unless the violation arises from the breach of an order embodying a conciliation agreement or unless the violation is the willful resistance, prevention, impedance or interference with the commission or any of its agents or representatives in the performance of its duty under this article. Nothing in this section shall preclude any nonmunicipal party in interest from initiating such proceedings. (c) Whenever a court of competent jurisdiction issues an order of the court for the enforcement of this article or of an order of the commission directed to a carnival krewe, parading carnival organization, other organizations organized or existing for the primary or dominant purpose of observing or participating in the carnival season, or clubs or institutions which fall within that definition in section 86-1.5, then during any period when such order is effective, such organization shall not be granted a permit for a carnival parade during the carnival season, as required by section 34-2, unless a sworn affidavit is submitted with the permit application by the captain, president or officer of commensurate rank within the organization stating that the court order has been complied with and will continue to be complied with. (d) Whenever a court of competent jurisdiction issues an order of court for the enforcement of this article or of an order of the commission directed to a carnival krewe, parading carnival organization, other organizations organized or existing for the primary or dominant purpose of observing or participating in the carnival season, or clubs or institutions which fall within that definition in section 86-1.5, such organization shall not be granted an alcoholic beverage permit unless a sworn affidavit is submitted with the permit application by the captain, president or officer of commensurate rank within the organization stating that the court order has been complied with and will continue to be complied with. Subsection (d) shall not apply to an alcoholic beverage permit for a business which either holds or is applying for an occupational license issued by the department of finance, nor to temporary alcoholic beverage permits. (e) The submission of a sworn affidavit pursuant to subsections (c) or (d) of this section which contains false statements, in addition to being subject to any other penalty provisions for the making of false affidavits, shall be considered a misdemeanor punishable by a mandatory fine of not less than $100.00 and not more than $500.00. (M.C.S., Ord. No. 19,278, § 1, 6-17-99)

New Orleans City Code § 86-39 Preservation of traditional roles in carnival parading organization.

Sec. 86-39. - Preservation of traditional roles in carnival parading organization. (a) The council finds that: (1) Carnival organizations have traditionally engaged in parades, processions, tableaux, and other activities that have, in large part, a dramatic theatrical character, involving elaborate costumed role-playing by participants who frequently imitate or portray the behavior of ancient or medieval court life; (2) Although such traditional carnival activities most often involve participation by both women and men, the participants traditionally engage in courtly roles defined and differentiated according to the sex of the participants, as was the case in ancient and medieval court life; (3) The preservation of the traditional mimicry of court life is worthy of preservation as a significant aspect of the common cultural heritage of all the people of the city; (4) Most women and men in the city who wish to find ways of participating in carnival organizations can do so, either as members or consorts of members in the traditional krewes that restrict membership to one or the other sex, or in one of the less traditional organizations which admit both sexes to membership; therefore, the council finds that the traditional organizations by restricting their membership to one sex do not significantly impair the ability of women or men to make business contacts, secure professional advancement, or otherwise participate in trade, commerce, the professions, or public life in general. (b) Nothing in this article shall prohibit any carnival krewe, parading carnival organization, or other organization organized or existing for the primary or dominant purpose of observing or participating in the carnival season from restricting its membership or any class of membership to classes based on sex. (M.C.S., Ord. No. 19,278, § 1, 6-17-99)

Source: City of New Orleans, Code of Ordinances and Home Rule Charter (Municode Library, library.municode.com)URL: https://library.municode.com/la/new_orleans/codes/code_of_ordinances?nodeId=PTIICO_CH86HURE_ARTVIIPRCLFetched: 10/28/2026