10/14/2022 4:26:49 PM
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Section 5: OPA Board Subject: Court Finds for Janasek Msg# 1173473
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I said in my first post on the subject, the management of the YC has it within their power to deal with unruly customers. If they don't do so, it is the responsibility of the Board to hold them accountable. I said then and say again, any action by the board to deal with an occurrence like this puts them in the position of having to judge an event based on second hand information. It also sets a precedent for future occurrences of this nature where there will have to be attempts to quantify a new occurrence against the precedent setting occurrence.
Leave it to the "dram shop". If they fail to fulfill their responsibilities, fine or void their contract. As egregious as this particular act was reported to be, it cannot be used to set a precedent. |
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For reference, the above message is a reply to a message where: This Janasek case aside, there remains an overriding issue. How can OPA, as an entity, legally ban individuals from OPA amenities should they be an association member, or an individual not a member, who verbally accost another person at the amenities in the disgusting manner described in the written eyewitness report provided to the court? Oglesby's opinion contains the following footnote: Board Resolution M-02, Section 12(e) states, “The manager of each facility, and designated facility assistants, has full and complete control of all activities under their supervision. Included in that control is the authority to deny service, play, or use of facilities to any person when, in their judgment, the person being denied use of the facility is acting in violation of club rules and regulations, other governing documents of the Association or applicable state or county laws or regulations.” Further, Section 12(f) states, “The GM has the authority to suspend the use of amenities by any person or group for infractions of the rules, regulations, or policies of the Association. Looks like the court decision indicates Matt Ortt or Ortt onsite managers could deny service at the OPA food and beverage amenities. Regardless, for either Ortt or the GM to take action, the board should immediately consult with legal counsel to determine what rules, regulations, or policies must be implemented that would allow the GM, Ortt or other management onsite to take action. Without such action, it certainly looks like any woman (or man) could be subjected to what happened to Wheatley as described in the eyewitness report and face no consequences from OPA, as a practical matter. |
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