Out of bounds? Yarmouth Port woman sues Dennis golf for gender bias

Dennis golf officials say they have adopted a policy that allows men and women to play in the same tournaments.

Elaine Joyce says she doesn't believe them.

Joyce, 43, of Yarmouth Port filed a lawsuit in U.S. District Court in Boston Feb. 15 alleging that the town of Dennis, "through the actions of the administrators of its two public golf courses, discriminated against her on the basis of sex, in violation of the Equal Protection Clause of the 14th Amendment to the United States Constitution and the Commonwealth's public accommodation statute."

In her complaint, Joyce, a low-handicap golfer, names the town of Dennis, Dennis Pines and Dennis Highlands golf courses, Town Administrator Bob Canevazzi, Golf Director Mike Cummings, former Golf Director Dennis Penner and Golf Professional Russ Champoux.

Joyce's attorneys, Laura R. Studen and Nancy A. Newark of the Boston law firm Burns & Levinson, cite the town's "perpetuation of an 'historic custom' of offering 'men only' golf tournaments that prohibit women from participating." Studen and Newark compare depriving Joyce the right to play in a men's only golf tournament to "the once 'historic custom' of men's only bars or of whites' only drinking fountains." They further allege that practices at Dennis golf courses "perpetuate the social and economic inferiority of women and cannot be rationalized by any legal standard."

Policy was changed

The Dennis Golf Advisory Committee voted in October to adopt the Massachusetts Golf Association and United States Golf Association's non-gender-biased tournament rules and regulations.

This came six months after Joyce, a member of Dennis golf courses since 2005, was not allowed to play with her father, Patrick Joyce of Dennis, in a men's member-member golf tournament at Dennis Pines.

Joyce's attorneys state that as a result of their client's challenging the defendants, "she has been ostracized, marginalized, humiliated, embarrassed and denounced in a manner that has come to her at a very high personal cost." They charge that damages in excess of $75,000 have resulted from Joyce's "humiliation, embarrassment shunning, disenfranchisement and other losses."

The suit asks the court to order the defendants to cease discrimination on the basis of gender; award her all damages proven at trial; pay all Joyce's costs, expenses and attorneys' fees incurred in prosecuting the town; award her punitive damages and to "treble all of the damages she proves at trial to have suffered as a result of the Town of Dennis, Dennis Pines and Dennis Highlands' deceptive and unfair acts and practices;" and to award her further relief as the court deems fit.

Golf advisory committee's response