Dear Editor,
Without entering into the merits of the arguments in the tit-for-tat fray between Florida-based Wesley Kirton and former Attorney General Anil Nandlall, I wish to point out that the act of inviting only select people to attend an event organised by a not-for-profit organisation in the USA is discriminatory, and would be illegal. The organisation can be subjected to sanctions by the state – and this has been done in the past to deter organisations (their leadership) from engaging in discriminatory actions.
In America, no not-for-profit organisation can discriminate (openly or subtly) against, or exclude, anyone wishing to be a member or attend its open functions. All of its activities must be open to the public. As I found in my studies of American Constitutional Law as part of my doctoral studies in Political Science and American Education Law (requirement for those of us who are licensed to work in Educational Administration), Supreme Court rulings (which become law) clearly state that non-profit organisations are open to the public, and access cannot be restricted, except under (rare) special cases.
An act of discrimination or exclusion which seemed to have happened regarding attendance at events in New York and Florida would be one ground under which a non-profit organisation can lose this status or face a discrimination lawsuit. And non-profit organisations must account for all money raised at all of their events.
In its charter, in order to be granted non-profit status, an organisation must state or accept it will not discriminate against anyone, before the government accords that status. It is assumed that all events would be open to the public. The organisation cannot have a function and pick and choose who would be invited or attend, unless there are compelling reasons – danger to public, etc. It can charge a fee for its function; and those who don’t want to pay the fee can be excluded. If it is a free event, it cannot compel anyone to pay a suggested US$35 fee (Florida) or US$20 (NY), as that would be considered an illegal discriminatory or misleading act. A suggested US$35 or US$20 fee cannot be made compulsory.
If the organizers of the “government functions” in Florida and NY pick and choose whom to invite and to vary its attendance fee (haphazardly) for patrons at a particular event, clearly it would be a discriminatory act.
Yours faithfully,
Dr. Vishnu Bisram
