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Sotis vs. IANTD

Discussion in 'Scuba Related Court Cases' started by Wookie, Aug 8, 2017.

  1. Wookie

    Wookie ScubaBoard Business Sponsor Staff Member ScubaBoard Business Sponsor

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    What if Costco decided not to make you a wedding cake? Many courts say they have to.
     
    cathal likes this.
  2. mderrick

    mderrick Angel Fish

    # of Dives: I'm a Fish!
    Location: Pompano Beach, Florida USA
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    Depends on why they decided not to make me a wedding cake... if it was because I'm a heterosexual male then they are in trouble, if it's because I like to wear socks with sandals then they are not. The sotis v iantd suit doesnt appear to make a claim of discrimination on the basis of a federally protected class, just that they didn't follow their own process.

    My question: is IANTD legally obligated to follow their own procedures if no law is being broken?
     
  3. tbone1004

    tbone1004 Tech Instructor

    # of Dives: I'm a Fish!
    Location: Greenville, South Carolina, United States
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    yes as part of their by-laws. All organizations are required to. They can change them basically at will, but they have to abide by whatever by-laws are in place at the time they make the change, and if an issue arises they have to play by the by-laws that were in place at the time the issue occurred.

    i.e. IANTD can go in now and change the by-laws per whatever procedure they have in place to say that they can remove an instructor any time for any reason. No different than most businesses say that they can deny service to anyone for any reason. After that change, they can do whatever they want.
    This suspension occurred in March or whenever it did and they have to play by the by-laws that are in place in March of 2017. Any changes made after that don't count for this circumstance but they can adjust them to prevent similar circumstances from occurring
     
  4. Wookie

    Wookie ScubaBoard Business Sponsor Staff Member ScubaBoard Business Sponsor

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    I can't respond to what IANTD does or does not have to do. I can tell you this, as a regulated dive operator. If Becky Bryson hadn't had a procedure that stated that she would directly supervise divers at all times they were in the water, She would still have a license and her insurance company would have a whole lot of their money. If you wrote a procedure, you have to follow it. Especially if it's regulatory, or you stand a great chance of explaining it to 12 citizens. AFAIK, IANTD is, as you state, a club. None of their members are a protected classmember for the purpose of this discussion. No one is going to cite IANTD for not following their own procedures. If they have to face 12 citizens, however, any half crappy lawyer would chew them up.
     

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