ANST - Banishment Commentary

[Sp1ke]

There is a bit of mixing between apples and oranges here.

On the one hand; a private organization or individual may restrict membership as long as it is not based on race, gender, and all that other federal, legal jargon.  And, yes, the organization may have private events, restrict, access to members only, specific sub-groups within the membership, etc.  However, if the restriction is not equilateral, you can have legal problems.  Such as, if it is restricted (as some events claim to be) to members of the SCA only, then you have to be equal in your refusal of entry to all who do not have current membership cards.  Even if it means refusing entry to a Peer or some other individual you may not want to refuse entry to.  Of course, you can restrict to "by-invitation-only", but then you have to make sure you have invitations available for those you wish to allow entry.  And, there are other ways around certain laws other than these two examples.  An organization may also ask an individual or group of individuals to leave the premises if they are disturbing the peace or breaking the law (just like when a bartender 86's an unruly customer rather than call the law).  What the organization does, and how the business of entry requirements, membership restrictions, refusal of service (i.e.; banishment) etc. is handled is different from what a private person can or may do as an individual member of the organization.

On the other hand (is this the apple or the orange? -  oh well); a "private? individual may tell/order someone to leave a personal, private function, or place of abode for whatever reason they wish.  But, a private individual cannot bar access to an organization's events without the possibility of suffering legal ramifications.  A group or organization which accepts fees for membership, attendance at functions, etc. and has open membership qualifications (such as the SCA) cannot discriminate just because a particular member does not want someone around.  So, you nor anyone other private individual has a legal right to tell anyone else to stop playing or coming around SCA events.  Which is exactly why the non-BOD banishments are useless, and those people who get such treatment usually just ignore it.

My point throughout all of these posts has not been to question what a private individual may or may not do, nor even to say that the law is good or bad with regards to the way it is for organizations.  My purpose has been (and is) to comment on the fact that if a rule is useless, and has no power behind it, then why have it?  Take it off the books, and save the space.  Because of our litigious mundane society, we have far too many rules which are needed to cover ourselves.  So, if a particular rule is not needed, or places the group in a possibly questionable, legal position, get rid of it.  That makes sure there can be no question in anyone's mind about possible ramifications.

With regards to my personal opinion, I think we have way too many rules, and that way too many people take themselves, their awards, and their positions way too serious when playing this wonderful game.  This is supposed to be fun, not a study in how much one person or group of people can do, because of their rank, awards, titles, etc., to another person or group of people.  To me that is the saddest change I have seen in the SCA over the years I have been both a paid, non-paid, and paid again member.  Because of mundane society we have to cover our collective rear-ends, but I haven't understood (nor want to) why we as a group have to succumb to the very attitudes which make mundane society so unappealing.  However, I understand that human nature does not change just because I may wish it.  If I had my way, people would worry more about themselves and what they can do to make it more fun for all the others around them than about changing the game to fit their personal opinion of how it should be played.

Spyke

(If anyone feels I have insulted them in any way, please tell me, and I will gladly apologize)
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