Is there a right of privacy in a private club where there are enclosed shower and bathroom facilities?

California, United States of America


The following excerpt is from Bohemian Club v. Fair Employment & Houseing Com., 187 Cal.App.3d 1, 231 Cal.Rptr. 769 (Cal. App. 1986):

Club members' privacy interests, however, need not be threatened because enclosed shower and bathroom facilities are available. If a member chooses not to use the enclosed facilities, no legally enforceable right of privacy is impaired. Thus, in Forts v. Ward (2d Cir.1980) 621 F.2d 1210, 1217, the court ordered shower screens and sleeping garments for prison inmates, refusing to hold that the inmates' privacy interests encompassed a preference for sleeping nude, when such preference would eliminate equal [187 Cal.App.3d 23] employment opportunities for male guards. Similarly, Club members' privacy interests do not encompass a legally protectible right to use unenclosed bathroom or shower facilities.

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