Excerpts From MCAD's Ruling

In contrast, Harvard severed all ties with its "final clubs" in 1985. The Fly Club is not an officially recognized club by the university. The club does not have access to the university's Centrex telephone system; it does not receive protection from the Harvard University police; there is no mail box on the campus where the club can receive mail; the club cannot use Harvard University's non-profit mailing permit; and the club has no access to alumni records or mailing lists. As stated previously, the club does not advertise any of its events in university publications, nor does the university mention the club in any of its publications for students. The university does not regulate the timing of "punching."

The fact that that the university and the club share a garden is certainly relevant, but it must also be noted that the club's rules proscribe club members from using the Harvard-owned portion of the property. However, the club admits that there is no official demarcation of a boundary line between the club and the university owned portions of the garden, nor any official agreement with the university governing the use of each portion of the garden.

Considering the foregoing factors, I do not find sufficient meaningful interaction between the club and the university to satisfy the requirements of the public accommodations law; nor do I find evidence of the club performing functions that would otherwise be performed by the university or club members receiving significant benefits from Harvard University...

Therefore, I look to the University's performance of a public function as discussed above, including ties to Harvard University, and find that the club does not perform a significant public function.

...I conclude that the Fly Club is not a place of public accommodation... and hence, that this Commission does not have jurisdiction over this case.