Ernest Besig, Preston Cook, and Lidia La Garda v. The Dolphin Boating and Swimming Club

The Dolphin Boating and Swimming Club and the South End Rowing Club are nonprofit organizations, which operate for the “advancement of rowing, running, swimming and other aquatic sports.” They provide boats, boathouses, and launch facilities. The buildings contain showers and sauna rooms to accommodate cold salt-water swimming activities. The clubs have lockers, handball courts, and weight lifting equipment. They sponsor public-interest and charitable events and several long distance swim competitions, including the New Year’s Day Alcatraz Swim.

Since 1938 the clubs have occupied land in San Francisco commonly known as Aquatic Park. The park property is owned by the City and County of San Francisco (the City) pursuant to the state’s 1923 grant of the land. The City Charter gives the San Francisco Recreation and Park Commission complete and exclusive management control over the City’s park property, including that occupied by the clubs.

For most of their history, the clubs maintained discriminatory by-laws and admissions policies. Only members were permitted to use club facilities, and membership was limited. The clubs excluded all women. They required sponsors, personal…