A Louisiana federal court judge denied this month a Harvard undergraduate's request for an injunction against the New Orleans Athletic Club [NOAC] on the grounds of breach of contract and racial discrimination.

Thomas P. Perkins Jr. '76, a black resident of New Orleans, said Tuesday he gained admission to the club July 10 when he showed his Harvard Club of Boston credentials. Shortly afterwards, in what Perkins said was a direct violation of the reciprocal membership agreement between the two clubs, a club official told him he would have to leave because the NOAC by-laws restrict its membership to "Caucasians."

In a decision filed September 3, U.S. District Court Judge Alvin B. Rubin said he denied Perkins's request for an injunction that would allow him to use the club's facilities because the NOAC practices a policy "of exclusiveness based on criteria other than race."

The judge also cited in his decision what he called "an arguable constitutional basis" for a private club's right to discriminate in its membership and the limited usefulness of injunctive relief since Perkins would be leaving New Orleans to return to Harvard at the start of the school year.

John P. Nelson Jr., Perkins's attorney, Tuesday said the judge's argument concerning membership restrictions on the basis of subjective criteria apart from race is "a lot of crap." He said "there never have been whites denied membership."

Perkins said Tuesday he was not surprised by the decision, and that he and Nelson expect to pursue the case, which, they say, may reach the Supreme Court.

Perkins said he filed the suit originally because the NOAC has "lots of community leaders in it" and he is "disturbed that in this day and time they're still using a private institution like this as a place to escape from the people they're supposedly serving."

Harry P. Gamble, attorney for the NOAC, said Tuesday that the central legal issue in the case is that "the NOAC is a private club which has the right to and does screen applicants for membership through a secret committee."

'Not Welcome'

"Being a local boy, Perkins knew the NOAC was a private club," Gamble said. "I'm quite surprised that this young man would have so little pride as to want to push himself into a situation where he knew he would not be welcome."