THE UNITED STATES JAYCEES vs. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & others.

LYNCH, J. This case presents the question whether The United States Jaycees (U.S. Jaycees) is a "place of public accommodation" within the meaning of G. L. c. 272, Sections 92A and 98. [Note 1] In

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a complaint brought before the Massachusetts Commission Against Discrimination (MCAD), fourteen women alleged that the U.S. Jaycees' and the Massachusetts Jaycees' men-only membership policies amounted to unlawful sex discrimination in violation of G. L. c. 272, Sections 92A and 98. On January 27, 1981, an MCAD Commissioner decided that the U.S. Jaycees and Massachusetts Jaycees each constituted a "place of public accommodation" as defined under G. L. c. 272, Section 92A, and concluded that the refusal by these organizations to treat women as members of equal standing with men constituted a violation of G. L. c. 272, Section 98. The Commissioner ordered that women be accorded equal membership status in both organizations, and that order was affirmed without modification on July 13, 1981, by a full vote of the MCAD. The U.S. Jaycees then filed a petition in the Superior Court pursuant to G. L. c. 151B, Section 6, seeking review of the MCAD's final order. [Note 2] On July 29, 1982, a judge of the Superior Court reported the case to this court.

The U.S. Jaycees challenges the MCAD's order on several grounds. First, the U.S. Jaycees argues that the statutory category of a "place of public accommodation" was never meant to include nonprofit membership organizations such as the Jaycees. Further, it submits that if the MCAD's interpretation of the statutory language is upheld, this will result in an abridgement of the Jaycees' constitutional right to freedom of association, and, as so construed, G. L. c. 272, Section 92A, would also be rendered void for vagueness. Finally, the U.S. Jaycees argues that the MCAD's application of the statute to the organization's national activities will result in impermissible extraterritorial effect being given to a law of Massachusetts. [Note 3] We find

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it unnecessary, however, to consider any arguments beyond the first and most basic one which the U.S. Jaycees advances. Based upon the plain wording of G. L. c. 272, Section 92A, and a survey of the relevant case law, we hold that the U.S. Jaycees is not a "place of public accommodation." In so holding, we direct that the order of the MCAD be reversed.

The facts of this case are not in dispute. The U.S. Jaycees is a tax-exempt nonprofit corporation organized under the laws of the State of Missouri, with its headquarters located in Tulsa, Oklahoma. It was incorporated in 1920 under the name United States Junior Chamber of Commerce. In 1965, it changed its name to The United States Jaycees. The U.S. Jaycees' by-laws define its purpose as follows: "This corporation shall be a non-profit corporation, organized for such educational and charitable purposes as will promote and foster the growth and development of young men's civic organizations in the United States, designed to inculcate in the individual membership of such organization a spirit of genuine Americanism and civic interest, and as a supplementary educational institution to provide them with opportunity for personal development and achievement and an avenue for intelligent participation by young men in the affairs of their community, state and nation, and to develop true friendship and understanding among young men of all nations."

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There are several interlocking categories of membership in the U.S. Jaycees: local organization membership, State organization membership, individual membership, and associate membership. There are currently over 290,000 individual members of the U.S. Jaycees, each of whom also belongs to a State and a local Jaycees chapter.

The by-laws of the U.S. Jaycees provide that individual membership is limited to men between the ages of eighteen and thirty-five. Associate membership is available to persons (including women, and men over thirty-five) and to businesses that are not qualified to be individual members. An associate member can participate in all the programs offered by the organization, although such a member may not vote, hold office, or receive an award.

The ultimate policy-making body of the U.S. Jaycees is an annual convention, attended by delegates from each local chapter. These conventions have the authority to change the by-laws of the organization. At two conventions, in June, 1975, and June, 1978, the membership considered by-law revisions to admit women as individual members. On both occasions, the proposed revisions were defeated. In September, 1981, individual members of the U.S. Jaycees voted in a national mail referendum on the question of amending the by-laws to admit women as individual members at the option of local chapters. The amendment was defeated. The vote was 67% against and 33% for the amendment.

In 1975, after the rejection at the annual convention of the by-law amendment, the executive committee of the U.S. Jaycees established a pilot program to allow local chapters in up to five States to accept women as regular individual members of local and State chapters. Three jurisdictions, Alaska, District of Columbia, and Massachusetts voted to participate. Initially, the pilot program was authorized for six months. The program was terminated shortly after the rejection of the by-law amendment by the June, 1978, convention. On July 22, 1978, the U.S. Jaycees' president issued a statement that the membership by-law would be strictly construed and enforced, and that after December 1, 1978, State or local chapters which violated the by-law would face charter revocation by the U.S. Jaycees.

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The U.S. Jaycees provides technical assistance, advice, training, and support to State and local chapters. This assistance is provided for recruitment, membership, and chapter organization as well as for programs and services. The actual choice and conduct of programs is left to the State and local organizations, which have authority to determine the programs and activities in which they will engage, so long as the activities are consistent with the general purposes of the U.S. Jaycees. The U.S. Jaycees is funded primarily through the collection of membership dues and privately sponsored programs.

In the past, the U.S. Jaycees maintained a Northeast regional office in Massachusetts, for which it rented office space in a building owned by the Massachusetts Jaycees. During that time, a full time U.S. Jaycees regional representative worked in the office. However, the U.S. Jaycees' operations in Massachusetts are currently limited to contacts and involvement with State and local Jaycees officials.

Local Jaycees chapters plan and implement an impressive array of community service programs and fund-raising activities. With the exception of certain projects that are sponsored by the national organization, these programs and activities are selected and carried out autonomously by the local chapters, with no need for prior approval by the State or national organization. From time to time, the U.S. Jaycees prepares and sends out informational material on possible projects and activities.

The projects which the Jaycees and their local chapters have sponsored include, inter alia, tot lots, Christmas parties, Boston harbor cruises for the elderly, a youth center in Winchester, a cleanup of the Back Bay area, a Special Olympics, a Fun Run for Muscular Dystrophy, a Boy Scout troop and the Massachusetts Youth Leadership Seminar. The Lowell Jaycees established a Jaycees housing corporation, which became the codeveloper of a $3.7 million housing project for the elderly in Lowell. Participation in these programs was open to the general public on a nondiscriminatory basis. Men and women could and did run in the road race, go on the harbor cruise, and attend the Christmas parties.

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The national, State, and local Jaycees organizations all devote considerable time and energy to the recruitment and retention of new members. Both the national and State organizations give awards in recognition of successful recruitment efforts. Nationally, over 150,000 new members are recruited each year.

1. In arriving at its conclusion that the U.S. Jaycees constitutes a "place of public accommodation," the MCAD candidly characterized this result as "not self-evident," noting that "[a] membership organization is certainly different from the traditional places of public accommodation, such as an inn or restaurant." Yet, by employing a somewhat tortuous analysis, the MCAD's ensuing review of the U.S. Jaycees' activities in fact yielded the opposite result, i.e., the inclusion of the organization within the statutory category of a "place of public accommodation."

To start with, the MCAD observed that the State and local Jaycees chapters certainly do meet in physical "place[s]" within Massachusetts, albeit a large number of different ones. Since a "sufficiently strong nexus" exists between the U.S. Jaycees and the State and local organizations, when the latter two meet at a "place" within Massachusetts, it can be hypothesized that the national organization is meeting at that "place" also. The membership of the U.S. Jaycees is demonstrably "public": all males who are between the ages of eighteen and thirty-five and who pay the dues are admitted to the organization. If the assumption that membership in the national Jaycees organization can be tied to a "place" in Massachusetts is then combined with the observation that such membership is "public," it is possible to reach the same conclusion as the MCAD, that the U.S. Jaycees is a "place of public accommodation" within the meaning of G. L. c. 272, Section 92A. While this line of reasoning is relatively easy to follow, it is hard to accept.

As a general rule, in reviewing the interpretation of a statute by an administrative body, a court shall "give due weight to the experience, technical competence, and specialized knowledge of the agency." G. L. c. 30A, Section 14 (7). However, in the final analysis, "[t]he duty of statutory interpretation is for the courts." School Comm. of Wellesley v. Labor Relations Comm'n,

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376 Mass. 112, 116 (1978), quoting Cleary v. Cardullo's, Inc., 347 Mass. 337, 344 (1964). We are guided in this task by several tools of statutory construction outlined by the Legislature and by common law precedent. General Laws c. 4, Section 6, provides the general standard that, unless a term in a statute is "technical," "words and phrases shall be construed according to the[ir] common and approved usage." See Commonwealth v. Thomas, 359 Mass. 386, 387 (1971); Tilton v. Haverhill, 311 Mass. 572, 577 (1942). Whether a membership organization can be characterized as a "place of public accommodation" hinges initially on the meaning attributed to the word "place": "A place of public accommodation . . . shall be deemed to include any place . . . which is open to and accepts or solicits the patronage of the general public . . ." (emphasis added). G. L. c. 272, Section 92A.

"Place" is not a "technical" word. It has no narrowly defined, special meaning aside from its common definition. Further, the legislative history of G. L. c. 272, Section 92A, provides us with no basis for speculating that any such "technical" definition was envisioned by those drafting or amending the statute. [Note 4] In common

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usage, a "place" is defined as a "physical environment." Webster's Third New Int'l Dictionary 1727 (1968). See also vol. VII Oxford English Dictionary 926 (1978) ("An open space in a city . . ."); Black's Law Dictionary 1034 (5th ed. 1979) ("In its primary and most general sense [place] means locality, situation or site and it is also used to designate an occupied situation or building"). On its face, G. L. c. 272, Section 92A, does not apply to a membership organization, since such an organization does not fall within the commonly accepted definition of a "place."

In its construction of the statute, the MCAD readily dispensed with this requirement of physical location, relying on the rationale that since all such organizations must meet at "places," the statutory mandate is satisfied. Aside from the rather sweeping nature of the MCAD's analysis, potentially making all membership organizations candidates for "place of public accommodation" status, several additional points should be noted. First, the MCAD's treatment of the word "place" is inappropriate, since it ignores a well-accepted canon of statutory construction "that every word of a legislative enactment is to be given force and effect." Chatham Corp. v. State Tax Comm'n, 362 Mass. 216, 219 (1972). This point is further buttressed by the fact that all of the specifically-enumerated examples of places of public accommodation (an inn, tavern, gas station, etc.), following the general definition in G. L. c. 272, Section 92A, do come within the commonly understood definition of a "place" cited above. In addition, the one Massachusetts decision addressing the application of a modern version of G. L. c. 272, Section 92A, to an enterprise not falling within one of these enumerated categories, Local Fin. Co. v. Massachusetts Comm'n Against Discrimination, 355 Mass. 10

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(1968), simply extended the statutory definition to another type of physical facility, a loan office. Paying heed to the plain wording of G. L. c. 272, Section 92A, we decide that the U.S. Jaycees does not fall within the general or specific definitions of a "place of public accommodation" provided by the statute. The U.S. Jaycees maintains no physical "place" of operations in Massachusetts, nor does the organization resemble any of the types of physical facilities enumerated in the specific examples following the statute's general definition of a "place of public accommodation."

Had the Legislature intended to include membership organizations within the scope of the nondiscrimination provisions of G. L. c. 272, Section 92A, it could have done so easily. It chose not to, and that decision is one that this court is ill-equipped to alter. The language of G. L. c. 272, Section 92A, is unambiguous: "place of public accommodation" must be, as an initial matter, a "place," a criterion which the U.S. Jaycees organization fails to meet.

The question whether a nonprofit membership organization is a place of public accommodation is one of first impression in Massachusetts. Three recent cases in other jurisdictions, however, are directly relevant to this inquiry. The highest appellate courts in Alaska, the District of Columbia, and Minnesota, have ruled on the precise issue whether the U.S. Jaycees constitutes a "place of public accommodation," under the applicable State law. Both the Supreme Court of Alaska and Court of Appeals of the District of Columbia have found that the U.S. Jaycees does not constitute a "place of public accommodation." United States Jaycees v. Richardet, 666 P.2d 1008 (Alaska 1983); United States Jaycees v. Bloomfield, 434 A.2d 1379 (D. C. 1981).

The Alaska case is particularly noteworthy because the relevant statute, Alaska Stat. Section 18.80.300(7) (1981), closely tracks G. L. c. 272, Section 92A. [Note 5] As in Massachusetts, a "public

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accommodation" is defined in terms of a "place," which in the view of the Alaska court "[does] not encompass a service organization lacking a fixed geographical situs." United States Jaycees v. Richardet, supra at 1011. Following its general definition of a public accommodation, the Alaska statute contains a number of specific examples, again comparable to the detailed listing in the Massachusetts statute. Finally, the concluding catch-all provision ("and all other public amusement and business establishments") in the Alaska law is a reasonable approximation of the prefatory catch-all provision ("without limiting the generality of this definition") found in G. L. c. 272, Section 92A.

In United States Jaycees v. Bloomfield, 434 A.2d 1379 (D.C. 1981), the Court of Appeals of the District of Columbia also held that the U.S. Jaycees did not constitute a "place of public accommodation." Observing that the U.S. Jaycees "does not operate from any particular place within the District of Columbia," the court rejected arguments that the organization could be viewed somehow to fit within the statutory category, since "to read the [District of Columbia Human Rights] Act in this way is to ignore the plain meaning of the statutory language, which has expressly defined the term `place of public accommodation.'" Id. at 1381. Like the Massachusetts statute, D.C. Code Ann. Section 6-2202(x) [Note 6] first defines a "place of public accommodation" in

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terms of a "place." Again, as in G. L. c. 272, Section 92A, this general definition is followed by a list of specific examples which generally replicate the examples found in the Massachusetts law. One minor difference between the statutes, which led the District of Columbia court to characterize the Massachusetts law as "more broadly worded," 434 A.2d, supra at 1382, lies in the catch-all introductory provisions of both statutes. The District of Columbia statute expands the potential scope of its list of enumerated examples to similar physical locations by prefacing their descriptions with the comment that the definition comprises "all places included in the meaning of such terms as [list of specific examples]"; G. L. c. 272, Section 92A, enlarges its enumeration by stating that, in providing such a listing, it is not "limiting the generality of this definition." We do not attach the significance that the District of Columbia court did to this variation in the wording between the two statutes, although we do concur with its ruling that the U.S. Jaycees is not a "place of public accommodation."

A statute which possesses a different internal structure, and which focuses on discriminatory conduct rather than on the locations where such discrimination occurs, is another matter. Minn. Stat. Section 363.01(18) (1982) exemplifies the former, more expansive type of public accommodation statute [Note 7]. In turn, the

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Supreme Court of Minnesota has found that the U.S. Jaycees is a "place of public accommodation" within the "unusually broad" contours of that State's law. [Note 8] United States Jaycees v. McClure, 305 N.W.2d 764, 766 (Minn. 1981). The Minnesota statute at issue was a revision of an earlier law which had relied upon an enumerated list of examples of public accommodations, the earlier law being not unlike G. L. c. 272, Section 92A. The Supreme Court of Minnesota commented on this distinction between the two types of public accommodation statutes: "[W]hile the older statute contemplated only certain fixed and mobile sites, the new statute encompasses a `business facility of any kind,' whether fixed or mobile. While the older statute concentrated on the kinds of sites where discrimination would be prohibited, the new statute focuses on conduct in which discrimination would be prohibited and thus speaks not of a business facility where goods and privileges are offered, but rather of `a business . . . facility of any kind . . . whose goods . . . [and] privileges are . . . offered, sold, or otherwise made available to the public.'" 305 N.W.2d at 768, quoting Minn. Stat. Section 363.01(18) (1967).

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The contrast between a statute such as Minn. Stat. Section 363.01(18) and G. L. c. 272, Section 92A, is further reflected by the approach taken by this court in Local Fin. Co. v. Massachusetts Comm'n Against Discrimination, 355 Mass. 10 (1968), noted above. Taking a flexible view of the list of physical sites to which G. L. c. 272, Section 92A, is explicitly applied, we determined that a loan office could be, in effect, "added" to the list without running afoul of the statute's general definition of a "place of public accommodation." 355 Mass. at 13. However, the MCAD's interpretation of G. L. c. 272, Section 92A, as including the U.S. Jaycees does not call for the mere addition of another physical "site" to the statutory language, but instead it requires the addition of a type of "conduct" (a nonprofit organization's membership policy). Such an interpretation cannot be derived from the plain language or a reasonable construction of G. L. c. 272, Section 92A.

In its decision and in its brief on appeal, the MCAD has relied upon two other "place of public accommodation" cases, involving not the U.S. Jaycees but youth sports associations. National Org. for Women v. Little League Baseball, Inc., 127 N.J. Super. 522, aff'd mem., 67 N.J. 320 (1974). United States v. Slidell Youth Football Ass'n, 387 F. Supp. 474 (E.D. La. 1974). In each case, the court held that the sports association or league involved fell within the public accommodation provisions of the relevant statute. 127 N.J. Super., supra at 531. 387 F. Supp., supra at 486. The MCAD draws an analogy between these cases, which in its view involved organizations rather than "places," and the situation of the Jaycees.

These holdings are inapposite for one important reason. In both cases, although an organization's membership policy was implicated, membership in the relevant entity served effectively as the "ticket" for admission to a particular "place." In Slidell Youth Football Ass'n, supra at 477, the "place" was a sports facility containing "two fully equipped football fields, grandstands and a food concession stand enclosed in a chain link fence," the facility being "utilized solely to play SYFA sponsored youth football league games." In Little League Baseball,

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Inc., supra at 531, the "place of public accommodation . . . [was] obviously the ball field at which tryouts are arranged, instructions given, practices held and games played." It is important to distinguish the case of a discriminatory membership policy (which the U.S. Jaycees concededly practices) from circumstances where the denial of membership is used as a method for denying access to a particular place. See Wesley v. Savannah, 294 F. Supp. 698, 701-702 (S.D. Ga. 1969) (discriminatory membership policy of golfers' association distinguished from use of that policy to deny access on basis of race to tournament sponsored by the association). It is only the latter type of discrimination that is covered by conventional place of public accommodation statutes. In turn, the U.S. Jaycees clearly does not fall within this characterization: all of the events that the organization promotes are open to the public, men and women alike. Whatever the wisdom of the U.S. Jaycees' decision to maintain a discriminatory membership policy, the policy is not used as a means to deny women access to Jaycees-sponsored events or activities.

2. Although what we have said dispose of the only issue decided by the MCAD and challenged by the U.S. Jaycees on appeal, we think it appropriate to note certain principles that may apply to any further consideration of this case.

First, while the U.S. Jaycees does not constitute a place of public accommodation, the organization may not discriminate on the basis of sex in its admission to, or treatment of any person in a place of public accommodation. G. L. c. 272, Section 98. The disqualification of women from voting, holding office, and receiving awards may constitute discrimination "in the treatment" of women if it occurs in a place of public accommodation. If this is so the plethora of places that fall within the definition of "[a] place of public accommodation" in G. L. c. 272, Section 92A, would appear greatly to limit the places at which the U.S. Jaycees could conduct a meeting in Massachusetts, or jointly conduct a meeting with the Massachusetts Jaycees, without violating the law.

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Because no one has appealed the MCAD's determination that the Massachusetts Jaycees is a place of public accommodation, the prohibition of G. L. c. 272, Section 98, against aiding or inciting any distinction, discrimination, or restriction on account of sex in the treatment of a person in any place of public accommodation means that, apart from the constitutional considerations mentioned below, neither the U.S. Jaycees nor the Massachusetts Jaycees may discriminate against women in the admission to, or treatment on, the property of the Massachusetts Jaycees.

None of these questions is presented in this appeal. If they were, it might be necessary to decide the constitutional questions raised by the Jaycees which we have not addressed. [Note 9] In any case, these questions should be considered by the MCAD in the first instance. It may be that the complaints filed with the MCAD may be amended to raise them.

For the reasons discussed above, we conclude that the U.S. Jaycees is not a place of public accommodation within the

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meaning of G. L. c. 272, Section 92A. A judgment is to be entered in the Superior Court, setting aside the order of the Massachusetts Commission Against Discrimination and remanding the case to the Commission for further consideration in the light of this opinion.

So ordered.

ABRAMS, J. (concurring in part and dissenting in part, with whom Hennessey, C.J., and Liacos, J., join). The court correctly states that the MCAD's unappealed determination that the Massachusetts Jaycees and local Jaycees chapters are places of public accommodation within G. L. c. 272, Section 98, ante at 608-609, subjects The United States Jaycees to the statute's prohibition against aiding or inciting any distinction, discrimination, or restriction in the treatment of women at meetings of the State and local chapters. I concur in that conclusion. The court remands the case to the MCAD for "further consideration" whether an order that The United States Jaycees cease and desist from engaging in such prohibited conduct should be entered. The MCAD's findings, however, establish that The United States Jaycees organization has threatened with charter revocation those local chapters disposed to grant women full membership privileges on a par with men. Such threats clearly put pressure on State and local Jaycees chapters to disqualify women from voting, holding office, and receiving awards at their meetings, and thus constitute incitement of discriminatory treatment at places of public accommodation.

Because the complaints filed with the MCAD allege violations of G. L. c. 272, Section 98, and because, as the court acknowledges, G. L. c. 272, Section 98, encompasses a prohibition against incitement, it is apparent that the complaints validly challenge The United States Jaycees' conduct in inciting discrimination against women by State or local Jaycees organizations. Rather than occasion further delay in the availability of relief to the class of women before the MCAD, I would remand to the MCAD and direct it to reissue that portion of the original

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cease-and-desist order that requires The United States Jaycees to "cease and desist from revoking the Charter of any Jaycee[s] Local Organization Member (local chapter) or State Organization Member (the Massachusetts Jaycees), within the Commonwealth of Massachusetts, or denying any privilege or right of membership, or otherwise discriminating in any manner against a Local or State Organization Member within the Commonwealth of Massachusetts because either extends to women all the rights and privileges of individual or regular membership." [Note Abrams-1]

I dissent from that portion of the court's opinion rejecting the MCAD's determination that The United States Jaycees is a "place of public accommodation" within the meaning of G. L. c. 272, Sections 92A and 98. Because the status of State and local Jaycees as "place[s] of public accommodation" is not disputed, the MCAD's decision that the national organization is also a "place of public accommodation" is essential only to that portion of the appealed cease-and-desist order that precludes The United States Jaycees from discriminating on the basis of sex against members or applicants for membership in the national organization who are citizens of Massachusetts. I believe that G. L. c. 272, Section 98, reaches such discriminatory conduct.

The court bases its decision that The United States Jaycees organization is insulated from our public accommodation statute on the conclusion that the national organization does not meet the "place" element of the G. L. c. 272, Section 92A, definition. The word "place" in G. L. c. 272, Section 92A, is properly viewed as "a term of convenience, not of limitation." See National Org. for Women v. Little League Baseball, Inc., 127 N.J. Super. 522, aff'd mem., 67 N.J. 320 (1974). In effectuating the Legislature's goal that "public accommodation" be available to citizens of this Commonwealth on a nondiscriminatory

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basis, we have emphasized that G. L. c. 272, Section 92A, should be given "a broad, inclusive interpretation." Local Fin. Co. v. MCAD, 355 Mass. 10, 14 (1968), So interpreted, the statutory "place" requirement is satisfied if the entity dispensing a "public accommodation" has a physical presence in this Commonwealth. The technical assistance, advice, and training provided by the national organization to its State and local chapters, as well as its joint sponsorship of programs and activities in this Commonwealth, create a sufficiently strong nexus between the local, State, and national organizations to validate the MCAD's conclusion that The United States Jaycees is physically present in Massachusetts. [Note Abrams-2] See United States Jaycees v. McClure, 305 N.W.2d 764, 772 (Minn. 1981) [Note Abrams-3] (The United States Jaycees organization is a "place of public accommodation" within Minnesota statute; "place" requirement satisfied by "oft-shifted sites at which the affiliated local chapters hold meetings"). [Note Abrams-4]

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I also find correct the MCAD's determination that The United States Jaycees, because of its nonselective membership policy, is "public," as well as its conclusion that the opportunities for personal development and participation in community affairs the Jaycees offers constitute an "accommodation." See United States Jaycees v. McClure, supra at 774 ("Leadership skills are `goods' [and] business contacts and employment promotions are `privileges' and `advantages' . . ."). The G. L. c. 272, Section 92A, definition of "[a] place of public accommodation" expressly incorporates an "establishment . . . dispensing personal services." To the extent that the court suggests that the Legislature did not intend to include membership organizations within the prohibitions of G. L. c. 272, Sections 92A and 98, it ignores contrary legislative history. In 1978, the Legislature specifically exempted "any corporation or entity authorized, created, or chartered by federal law for the express purpose of promoting the health, social, educational, vocational, and character development of a single sex." St. 1978, c. 331. This exemption would be unnecessary unless the Legislature contemplated that certain membership organizations, such as the Boy Scouts of America, 36 U.S.C. Sections 21-29 (1976) or the Boys' Clubs of America, 36 U.S.C. Sections 691-707 (1976), were otherwise subject to the statutory proscriptions. [Note Abrams-5]

Because I believe that the MCAD's determination that The United States Jaycees constitutes a "place of public accommodation" is consistent with both the spirit and the letter of G. L. c. 272, Sections 92A and 98, I would affirm the MCAD's decision.