Can I Sue for Being Kicked Out of a Club, Neighborhood, or Online Group?

Yes, you may be able to sue a group if they kick you out because of your race, religion, sex, national origin, or disability, among other things. Private groups can kick you out for any or no reason. But if a seemingly private group is actually public enough to be considered a “public accommodation," the group can't discriminate against you because of your membership in one of these protected classes.

One major hurdle is proving the private group is actually public. An experienced federal civil rights lawyer can help you gather evidence, give you legal advice, and determine if it's in your best interests to pursue legal action.

History of Private Clubs in the U.S.

Private groups and exclusive clubs have been around since the founding of the U.S. They were originally comprised of wealthy white men who sought to develop social, business, and political relationships. Protected as they are by the First Amendment's freedom of association, private groups were not bound by laws that applied to public accommodations (such as taverns). Their members were free to engage in all sorts of shenanigans, like gambling, that public accommodations couldn't.

During the 1800s and 1900s, people began forming groups for other purposes (such as charitable purposes). With this broadening of mission and the progression of the cultural climate, private club memberships started extending to other races and sexes.

Private groups look very different today. You can find a private club devoted to virtually any subject, such as:

• High school glee clubs
• Social fraternities and sororities at community colleges and four-year universities
• Country clubs
• Fantasy football teams
• Movies

These groups are no longer limited to just meeting in person. More often than not, they meet online or on social media. You may be a member of a Facebook group yourself.

Example of Discrimination in a Private Group

Consider this example: Let's say you love the works of fantasy author J.R.R. Tolkien. You join a Lord of the Rings Facebook group. You're thrilled to share your enthusiasm with like-minded individuals. 

You check your notifications often to see if someone has posted on the group's page. You revel in the dozens of likes you get when you post a photo of your Limited Edition Ring.

Everything is going well until, in one of your posts, you casually mention the trilogy speaks to you as a Catholic. The next day, you find out you've been kicked out of the group. You learn from one of the other group members that the admin has been angrily writing about how he kicked you out because you're Catholic.

You are really hurt, but realize being removed from a Facebook group isn't the end of the world. You didn't sustain physical personal injuries when the group admin removed you from the group. But you enjoyed the exchange you had with the other members. And you're proud to be Catholic. 

In this situation, you may have grounds to take legal action against the group administrator.

Federal and State Anti-Discrimination Laws May Apply

The federal government and the states have laws that prohibit discrimination in public accommodations. Title II of the Civil Rights Act of 1964 and the Americans with Disabilities Act create protected classes. You can't be discriminated against under federal law based on your membership in one of the following protected classes:

• Race
• Color
• Religion
• National origin
• Real or perceived disability

Most states have expanded the number of protected classes by enacting human rights acts. These acts also prohibit discrimination based on your membership in the following classes:

• Sex
• Age
• Sexual orientation
• Gender identity

Consider the hypothetical in the previous section: You're kicked out of the Facebook group because of your religion, a protected characteristic. This means you may be able to pursue legal action against the admin.

You wonder if you have a valid claim for a civil rights violation. The best course of action is to consult a civil rights lawyer to determine the next steps.

What Is a Public Accommodation?

In the example, you will face two particular challenges. The first is proving that the Facebook group is a public accommodation. If the group isn't a public accommodation for purposes of the antidiscrimination statutes, it's free to discriminate.

What Is a Public Accommodation?

Generally speaking, a public accommodation is a place that offers goods or services to the general public. Some examples include:

• Bars
• Restaurants
• Hotels
• Movie theaters
• Libraries
• Courthouses
• Post offices
• Small businesses
• Health care providers
• School district offices
• Public schools
• School clubs

Private clubs are generally not considered to be public accommodations for purposes of anti-discrimination laws. But, courts generally construe these laws broadly concerning discrimination.

Courts don't just go by what the group claims. Instead, they look at a long list of factors to determine whether the so-called private group is actually public:

• The selectivity of the group in admitting its members
• The membership's control over the group's operations
• The history of the group
• The use of membership facilities by nonmembers
• The purpose of the club's existence
• Whether the club advertises for members or if membership is extended through private invitation
• Whether the club is for-profit or nonprofit
• Whether the group follows specific formalities (such as having meetings, written bylaws, etc.)

If these factors show that a group, such as a Facebook group, is really public, you may have a case. There are exceptions for certain organizations that would seem to be public accommodations (like churches). But these exceptions wouldn't apply to your situation.

As a matter of law, a court would decide whether the Lord of the Rings Facebook group was a public accommodation. It's hard to say how a judge would rule.

Exception: Removal for Offensive Behavior or Direct Threat to Public Safety

Be aware that there is an exception to statutory discrimination claims based on a group member's behavior. Generally speaking, even a public group can kick out a member for “offensive behavior" or if they pose a “direct threat to public safety."

For example, if you kept referring to one of the female group members as a monster, they could kick you out for poor behavior, regardless of whether you are Catholic. Similarly, if you were sexually harassing a group member, the admins could expel you as a threat to safety, even if the admin would otherwise discriminate against you.

But here, you weren't being offensive or posing a threat to anyone. You were simply existing as a Catholic. Your behavior doesn't meet this exception.

COVID-19 Vaccination 

It's worth mentioning another side issue. Suppose your Facebook group is having an annual retreat this year in New Zealand, where the movies were filmed. You went last year but are anxious to go again this year, as we're not quite out of the coronavirus pandemic yet.

The group admins decide to institute a COVID-19 vaccination policy. You are fully vaccinated and boosted. But one of your friends is not vaccinated against COVID-19. They could be barred from the retreat as a threat to public health. At least, that's what the admins could argue in the event of a lawsuit.

How To Prove Illegal Discrimination

The second challenge you will face is proving intentional discrimination. You can use two types of evidence to prove intent: direct evidence and circumstantial evidence.

Direct evidence is evidence that tends to prove a fact without the need to draw an inference. Circumstantial evidence doesn't prove a fact unless you draw an inference. Both can be equally powerful in court.

Direct Evidence

Let's use another example. Say you see someone named Clyde shoot someone else. You could tell a jury in court what you saw. Your testimony is direct evidence that Clyde killed someone.

In contrast, say you walked into the room and saw Clyde standing over a body with a smoking gun in his hand. You could tell the jury what you saw, and the jury could infer from the smoking gun and Clyde's standing over the body with the gun in his hand that Clyde shot the other person. That is circumstantial evidence.

In your case involving the Facebook group, proving intent is easy. You can rely on direct evidence. The admin essentially bragged to a friend that he kicked you out for being Catholic. You could call his friend as a witness to testify as to what they heard. The admin's admission is direct evidence of intent.

Circumstantial Evidence

Say the admin was more careful. You would need to rely on circumstantial evidence of the admin's intent. This would require some digging. If you can show that the admin kicked out every Catholic group member upon learning that they were Catholic, a jury could infer the admin's discriminatory intent from:

• The fact of Sam's expulsion
• The fact that all Catholics were expelled from the group
• The fact that Sam is Catholic
• The timing of Sam's expulsion in relation to the admin's learning that he is Catholic

This is how powerful circumstantial evidence can be.

What Damages Can You Recover?

Let's say your lawyer thinks you have a case, but wonders if a lawsuit is worth it. What benefits can you get if you sue for intentional discrimination?

In a case like this, a court may be able to award injunctive relief. An injunction is a court order that compels someone to do something subject to punishment. A court could issue an injunction requiring the admin to readmit you to the group and compel them not to discriminate against Catholics anymore.

Injunctive relief may be all you're looking for. If the admin violates the injunction, your lawyer could tell the court, and the court might impose further penalties for contempt. If the judge could also refer the matter for criminal contempt proceedings against the admin

You may also be able to recover damages. Compensatory damages are intended to make you whole for any loss you may have suffered. Punitive damages are not intended to compensate you for loss. Instead, they are intended to punish a wrongdoer for extreme or outrageous behavior and deter them and others from doing the same thing.

To get compensatory damages, you would need to show that you suffered financial loss because you were kicked out of the group. To get punitive damages, you would need to prove that the admin's behavior was extreme and outrageous.

Finally, there are attorneys' fees. In some states, such as California and Florida, you can recover any reasonable fees you paid your lawyer to represent you in your discrimination case. In other states, such as Texas and New York, you can't recover attorneys' fees.

A Lawyer Could Help You With Your Case

As you can see, proving intentional discrimination by a club, neighborhood, or online group is complicated. It can also be time-consuming. You may have to do a lot of digging to find the direct and circumstantial evidence you need to prove your case. And that's assuming you can persuade the judge that the private club is really a public accommodation subject to anti-discrimination laws.

Having an experienced civil rights lawyer on your side during this type of case can be paramount. A local civil rights attorney will know the law in your state. They can advise you on whether you have a case, what you may be able to recover, and whether a lawsuit is the best way to protect your legal interests.