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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 58 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 6th day of July, 2004, are as follows: BY WEIMER, J.: 2003-C -3413 MERRILEE G. ALBRIGHT, JULIE M. LAFARGUE, DOLORES GEORGE LAVIGNE, ANN MATHISON MCLAURIN AND JODY L. ROBERTS v. SOUTHERN TRACE COUNTRY CLUB OF SHREVEPORT, INC. AND CLUB CORPORATION OF AMERICA (Parish of Caddo) We hold today that based on the facts of this case defendants have violated plaintiffs' constitutional right to be free from arbitrary, capricious, or unreasonable discrimination based on gender by enacting and enforcing a men-only policy in a public dining facility. The court of appeal was correct in reversing the district court's ruling that "excused" the discrimination on the basis of reasonableness. AFFIRMED. Retired Judge Moon Landrieu, sitting ad hoc for Kimball, J., recused; Retired Judge Phillip C. Ciaccio, sitting ad hoc for Victory, J., recused; retired Judge Robert L. Lobrano, sitting ad hoc for Traylor J., recused. KNOLL, J., concurs in the result only and assigns reasons. LOBRANO, J., ad hoc, concurs in the result. CIACCIO, J., ad hoc, concurs in the result for the reasons assigned by Justice Knoll.

07/06/04 SUPREME COURT OF LOUISIANA No. 03-C-3413 MERRILEE G. ALBRIGHT, JULIE M. LAFARGUE DOLORES GEORGE LAVIGNE, ANN MATHISON MCLAURIN, AND JODY L. ROBERTS VERSUS SOUTHERN TRACE COUNTRY CLUB OF SHREVEPORT, INC. AND CLUB CORPORATION OF AMERICA
On Writ of Certiorari to the Court of Appeal, Second Circuit, Caddo Parish, Louisiana

WEIMER, Justice1 After carefully evaluating the facts of this particular case, we hold that women should not be excluded from dining with men in a public dining facility because such gender-based discrimination fails to pass constitutional muster under the provision of the Louisiana Bill of Rights entitled "Freedom from Discrimination."2 This year we mark the thirtieth anniversary of the enactment of the Louisiana Constitution of 1974, yet the instant case presents the first time this court is called upon to evaluate the constitutional provision that adds the force of law to the aspirational goal of avoiding arbitrary, capricious, or unreasonable gender-based discrimination in access to public facilities.

Retired Judge Moon Landrieu, sitting ad hoc for Kimball, J., recused; Retired Judge Phillip C. Ciaccio, sitting ad hoc for Victory, J., recused; retired Judge Robert L. Lobrano, sitting ad hoc for Traylor, J., recused. In seeking access to this dining facility, plaintiffs assert their constitutional right to be free from "arbitrary, capricious, or unreasonable discrimination based on ... sex." La. Const. art. I,

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