"The Fly Club is doubtless...a membership club traditionally viewed as private," one document states. "However, as is recognized in the increasingly expansive scope of the public accommodation statute, such discriminatory men-only clubs significantly and adversely impact the economic, political and professional advancement of women."

To bear out this contention, the legal brief sets up several standards for determining if a membership club is public or private. These include: "The degree of selectiveness in membership requirements...the use of facilities by nonmembers...and the the performance of a public function." And even if the MCAD chooses not use Baker's framework, he insists that "No one factor is required, and many are absent in clubs which are nonetheless held to be places of public accommodation."

The complaint contends that the Fly Club is open to non-members, especially at club parties. For example, former Perspective writer Frank E. Lockwood '89 says in an affidavit that he attended a party at the club in July of 1988. "Although I did not receive an invitation from any member, I was admitted to the club with my friend without either of us being asked if we had an invitation," he says.

Lockwood also states that there were between 100 and 200 people attending the party. "This regular admission of nonmembers demonstrates that the Club is not purely private," according to Baker's interpretation.

Schkolnick, who is now a first-year student at the Law School, says she thinks the numbers of non-members attending Fly Club parties could be a central facet of her legal case. "They [the club] are generally not very selective with who come to their parties," Schkolnick says.

The Fly Club's garden, which is adajecnt to University property and in the past has been jointly maintained, is also an important element of the case, Schkolnick says. "The garden is unique to the Fly. I'm lucky I chose it," she says. According documents filed with MCAD, the garden allows for Harvard students to have unrestricted access through the University to the club grounds.

An affidavit signed by Jeanne F. Theoharis '91, another Perspective writer and president of SWAT, states that she was given permission to use the garden in April of 1988. She says in her statement that she asked Ellen Hatfield Towne, then-assistant to Dean of Students Archie C. Epps III, if it were necessary to mark the boundary between Harvard property and club property. Hatfield said that this was not necessary, Theoharis says.

Club Network: Are They Services?

In the Supreme Court case New York State Club Association v. City of New York, New York City successfully contended that private all-male clubs served as places of business and should therefore be opened to women. This argument may provide another legal avenue for Schkolnick. But while it could be the foundation of a strong case, experts say it may well be more difficult to prove than assertions of the Fly Club's public nature.

Baker's brief states that the Fly Club provides many services, ranging from business and professional contacts to serving meals and providing campus social life.

For example, an affidavit signed by Chrystia Freeland '90 states that when she was interviewing former Fly Club president Ian M. Huschle '88 for Perspective, he said that University faculty members often take meals at the Fly Club. Huschle also said the club keeps listings of club graduates and their places of employment, according to Freeland.

"Huschle stated to me that if he decided not to work for a year after he graduated from college, he would not be concerned about hurting his later job prospects by not being in touch with job recruiters at school because he knew that he could contact graduate club members through the directory to get a job," Freeland says.

In addition, the legal papers filed at MCAD say that Shilepsky, Messing and Rudavsky, Baker's firm, has received an unsolicited resume that highlights Fly Club affiliation in seeking employment. The document also says that former and current club members have said they discuss their club membership with prospective employers.

Who Can Be Members?

Much of the MCAD's decision may hinge on whether club alumni are still members. If they are, then the membership of the club is quite large, and therefore may be more accountable to the laws against gender discrimination.