Camp Sues Pool Club for Discrimination

Seeks Board's Resignation, Removal of Members Who Allegedly Used Racially Charged Language Against Kids

(CBS/AP)  A suburban Philadelphia swim club's board should resign to settle claims that the club canceled the pool memberships of dozens of minority children because of their race, a lawyer for most of the children's families said Monday.

Michael Kuldiner said Monday that he expects to file a federal lawsuit within a week on behalf of most of the families and the day camp, Creative Steps Inc., against The Valley Club in Huntingdon Valley.

Kuldiner said he is also seeking the removal of all club members who used racially derogatory language when the black and Hispanic children went swimming June 29.

Another lawsuit had already been filed Friday by attorney Brian R. Mildenberg, who represents one child and his mother, although the suit also demands unspecified damages on behalf of several unnamed children and parents.

The Creative Steps camp had arranged for 65 mostly black and Hispanic children to swim each Monday afternoon at the gated Huntingdon Valley club, which is on a leafy hillside in a village straddling two overwhelmingly white townships.

But after the group arrived June 29, camp director Alethea Wright said, several children reported hearing racial comments and some swim club members pulled their children out of the pool.

The camp's $1,950 was refunded a few days later.

The president of the swim club's board of directors, John Duesler Jr., said late Monday that he has only heard of Kuldiner's call for the board's resignation from reporters.

Asked whether he would resign if necessary to resolve the dispute, Duesler said, "Absolutely, yes."

Duesler said he has tried unsuccessfully to get someone to take his place for the past couple of years.

"This is a small community club. This is not a country club, just a Memorial Day to Labor Day club run by volunteers," he said.

Duesler has said the club's decision was made because there were too many children in the pool and the situation was unsafe, not because of racial concerns. Earlier Monday, he said the club wanted to find a way to deal with the safety concerns, such as hiring more lifeguards, and that the club voted overwhelmingly Sunday to invite the Creative Steps children back.

"We realized it was the right thing to do," Duesler said.

But Wright said she would not accept the offer.

"The children are permanently scarred," she said.

Sylvia Carvalho's 9-year-old daughter, Araceli, is just one who doesn't want to return, reports CBS station KYW in Philadelphia.

"She has already said so," Carvalho said Sunday night. "She doesn't want people to look at her the same way."

Other campers agreed.

"I don't want to go back," camper Jabriel Brown, 12, told The Philadelphia Inquirer. "I don't want to get treated the same."

Dymir Baylor, 14, said he heard the racial comments himself.

"I'm afraid if we go back, we'll get put in the same situation," Baylor told the Inquirer.

The swim club has claimed it has a diverse, multiethnic membership, but member Amy Goldman, a member for two years, said she couldn't remember seeing a black member this year.

The Pennsylvania Human Relations Commission has reportedly opened an investigation and will make a fact-finding visit to the club July 30.

U.S. Sen. Arlen Specter, D-Pa., said Friday he had asked the U.S. Department of Justice to investigate "to determine what action, if any, is warranted by the Civil Rights Division."

Others to criticize the club include the National Association for the Advancement of Colored People and the United States' highest-profile black swimmer, Olympic gold medalist Cullen Jones, who said Thursday that "hearing about what's happened to these 65 kids is both disturbing and appalling."

[LetscheckOurFacts]

There is a REASON why the State of PA, and not the FEDS, is investigating this complaint launched by NAACP:

In Moose Lodge v. Irvis, Supreme Court Justice William Rehnquist noted that the Court had held in the Civil Rights Cases (1883) that the Equal Protection Clause prohibited only racial discrimination supported by state action. Under the state action doctrine, acts of racial discrimination resulting from the choices of private individuals and unsupported by any official sanction did not fall within the prohibition of the Equal Protection Clause. The mere licensing of the lodge to dispense liquor and the regulations of the liquor trade enforced by the state, the Court held, did not constitute the official support of the racial discrimination practiced by the lodge necessary to bring its racial policies within the prohibition of the Equal Protection Clause.

[Hisprincesstoo]

How is that the swim club would allow someone to act on their behalf who doesn't know how many children have been invited to use their facility, so that it could be staffed accordingly??? How is it that contracts were signed and money paid and the swim club not know that these intercity children are black and/or latino??? This was not an issue until someone who as a member of that club raised these issues to management, who paniced and asked the children to leave, instead of informing the member or members, that the club was opening its doors to these people and that co-existence in 2009 is acceptable.
It is a shame that these children will need years of intense therapy to overcome the damage this has caused them. Someone should pay for their treatment as needed even if it continues to effect their lives years later. Also, the club members need sensitivity training. These are probably the same people if something like this had happened to their own children would likely be ready to sue or worst yet(lynch) somebody. People its 2009, its time to change "for real".

[windsng]

Why are they going to sue? If I went to a private golf club or community, I would not be allowed to swim. What is up with everything being about race. Sooooo tried of that.

[wasrinrime]

In this day and age this is appalling! This is clearly descrimination on the part of those simple minded individules who felt it necessary to insult a group of children, because of the color of thier skin. Would they also not allow a black or hispanic doctor to operate on them in dire straights. We as a nation have a lot to learn and that includes racial comments and thoughts made by anyone of any color or background. When we stop putting ourselves on a pedastle that puts us above another we can begin to finally see - until then we are merely blinded.

[shadys-mom]

Unless things have changed this is still a "fairly" free country where you can believe the way you wish - whether other people like it or not, or whether it is considered "very nice" or not (there is that 'freedom of speech' thing in the constitution). And it is people who "play the race card" at every given opportunity who will only make racist feelings grow worse and NOT get better. Saying that this has "scarred" the children and all that other drivel is ridiculous. If that is worst that is ever done to them, then they are probably getting off easy - I am not saying that it was the right or kind thing to do to some youngsters, but it is certainly not something that will destroy them. It is only a convenient excuse to "hopefully" make some money. There will never be a law that says that everyone has to like everyone else - you can't legislate how people feel about each other - for whatever reasons (race, religion, gender, height, weight, etc.) Most of the people in that swim club may not have cared about those kids being there before, but you can bet that after all the hoop-la in the press and now the lawsuits - they will dislike and resent the kids, the kids club and the minorities that they belong to from now on. All this screaming and yelling will only make the situation worse -- never better. The media should take a very large share of all the trouble this has caused and be ashamed of itself. Personally, I might have initially been on the side of the kids club, but after all the media sensationalism and then the filing of the typical lawsuits, I am now definitely on the side of the SWIM CLUB.

[grvmstrj]

It is racist, despite everyone trying to come up with a politically correct viewpoint! The tables still are quite unequal reagrding race issues in this the land of the FREE!

[saransk]

While the argument over lifeguards - number of children is valid, it is not realistic. The club knew how many kids would come and should either not have sold the membership, or should have hired another lifeguard. But I also wonder how much this is a class problem and not just a race problem. Even at our small neighborhood pools, I've heard more affluent members, of all racial groups, complain about the "lower classes" who are allowed in. They even complain that the county rec centers allow the "welfare class" in to pollute the pools. Ignorance and intolerance know no racial boundaries.

[katwoman55]

One point is that this IS a PRIVATE club, but why did they accept outsiders coming in at all? And they DO have rights as a member of something private. I mean, come on, these people wanted their own choices for the club and that is why they chose to have it called a club. A private club. They did refund the money, so I can see that they did not want troubles. What else could they do except say they were wrong and sorry? Did they????

The other point is that I think that it is a SHAME and IMMATURE, CRUEL, ABUSIVE, HURTFUL, DISGUSTING, WRONG, ETC., that ANY person should have to be tortured! Yes, I believe it is a form of torture and teasing. Can you even IMAGINE what these young children felt like? Any idea how this will affect them in their lives? Do you even CARE?? Obviously NOT!!!!
I think that it is a real shame that we have come so far in the globalization of our world, to still carry a prejudice for color of a person's skin. Can they help it? No! You could have been born another color too.What would you feel or think like.
It angers me to see anyone made fun of, mocked, or whatever...it is wrong, straight up~ there is NO right about it. Especially to young kids.

I personally DO have a problem with the illegals in our country, but I would not direct my anger at innocent kids. I would like to get a hold of some of the parents who are illegals. You need to go back to the legal country you came from. It is not right of you to be here getting free everything! You steal from our people. My daughter is a teacher in the south and most all her students get free education, medical cards, foods, etc....RRRRRRRRRRRRRRR!!! This makes me livid!!!!!

But private club ...who out of your group said stuff to these unfortunate kids? Was it adults? Or other kids? Hmm...

Thanks for letting me share.

[pw08-2009]

Geting money is what it was all about to begin with and no one was ever fooled byit. The pool invited the group back and the group refused, so this is why no one really believes in thos who cry racism because we know that it boils down to free money for those who pretend to be offended.

[cujat]

The camp director saw an opportunity to cry racism and bring attention/donations to her camp and herself. I dont doubt some idiots at the pool made comments but that doesn't make the club liable! If I were a member of a swim club I would not want 65 kids of any race(black, brown, white, etc.) overrunning the pool and those who allowed this to happen made a mistake. They realized this and tried to correct only to be labeled racists because the kids happened to be minorities. This whole thing is being blown out of proportion and know everyone wants to play the race card and see if they can cash in. Would this be a story if a white family went to an inner city pool with predominantly black or hispanic swimmers? If some white people were called crackers and intimidated into leaving would anyone be in an uproar about that? Obviously not since our own justice department didn't care when the black panthers were threatening people outside polling stations. We have to stop jumping on every little thing and crying racism especially if it isn't going to go both ways.

[koko98-2009]

So it's wrong for the families tp play the race card, but it's OK for you to drag the two "black panthers" wh showed up at ONE polling place into the arguement. Hypocracy.

[rhs648]

So, it is all about money. Why not put the pool club out of business? The camp and children and lawyers get money and the pool club is bankrupted. It is all about money. Someone does something that makes you unhappy so take their money.

[npkppprc]

I totally agree, If you don't like what someone says or does it's racists, If they kicked out a white or Hispanic family they would go on and accept the reasons. Bascially they set the club up to fail to line their pockets, hope they don't get on cent.

[TheMasses0009]

Jim Crow was funny.
He had 2 left feet ...........

[blog_fever2]

This situation could have been avoided from the beginning if the mgmt had made all necessary preparations BEFORE charging the campers $1950. Every action after that was directly related to the mgmt's poor planning. It's sad this had to go this far, but these are children who did not ask for any of this.

[Sloughfoot]

"But Wright said she would not accept the offer." Pretty much says it all. A truly candid investigation will find the invasion of a private pool by a visiting group of outsiders whom the members were not pre informed would be attending was the root cause of the situation. Since then opportunist wishing to escalate this miscommunication into a National Issue and to play the "Race Card" yet once again are self serving zealots more interested in their own agenda then in the welfare of this Nation's next generation.

[blog_fever2]

Invasion? I think you need to re-read this story from the beginning. The pool mgmt INVITED the campers and during that arrangement setup they came to the conclusion to charge $1950 for the # of students. These children didn't invade anything.

[smoknmirrors]

Invasion is an interesting term. These were people who paid for the privilege of entering the pool. However, 65 people "converging" on a swimming pool all at the same time, in the manner that children do, could seem a bit overwhelming to some dear souls. In a great many instances these children could have been excited, boisterous, running, shouting, yelling at each other, etc., and that can be unnerving to people whose preferences run toward a less robust party atmosphere. If there were insufficient adult supervision, including life guards, things could seem pretty chaotic very quickly. "Mob" control, "crowd" control or "riot" control methods may not have been available at that precise moment, leaving the apparently besieged management (perhaps a towel attendant) befuddled, bewildered and definitely beside himself. If this wasn't the case at all, sue the suckas!

[endurorob]

bannednancy July 14, 2009 10:05 AM EDT
The comments of the members, while definitely racist, are not germane to the decisions and the reasons stated by the management.

The case should rest solely on the number of lifeguards on duty and the number of members and guests in attendance. If the logbooks show that there were 2 lifeguards and 100 people in the pool, then the management made "a" correct decision.

There are local and state codes and laws that govern neighborhood association, public, and club pools. Interestingly, these codes and laws do not apply to hotel and apartment pools. Gee, wonder why?

(personally I hope the club gets it's royal white hiney sued to the next millennium...)



The actions of the swim club indicate a possibility of racist action but your final comment "(personally I hope the club gets it's royal white hiney sued to the next millennium...)" leaves no doubt of your racist views.

[grvmstrj]

AND????!!!!