Judge rules broken arm isn’t a disability in Bay Club debauchery suit
An Orange County judge Tuesday threw out part of a lawsuit claiming a swanky Newport Beach waterfront club discriminated against a member’s disability when it kicked him out for getting into a drunken ruckus.
Although most of the lawsuit remained intact, Superior Court Judge John Gastelum ruled that a broken arm and the prescription painkillers used to treat it didn’t constitute a medical condition protected under California law.
Newport Beach businessman Steve George sued the Balboa Bay Club in August, alleging it treated him unfairly by voiding his lifetime membership and canceling his agreement to rent a yacht mooring for $15,000 per month.
The club’s lawyers say it booted George out after an incident in June when he allegedly tried to attack an employee after an evening of heavy drinking.
But George’s lawyers argued he acted out of character that night because he mixed an Oxycodone-based pain killer with alcohol and became disoriented.
That prescription and the broken arm it was prescribed for qualify as a medical condition protected from discrimination, according to the lawsuit.
“California has very broad definitions of disability,” said Kristopher Diulio, an attorney representing George.
George claimed he was unaware of the dangers of mixing the painkiller with alcohol.
Despite the judge’s decision to throw out the disability claim, he allowed most of the lawsuit to move forward. He also allowed George’s lawyers the opportunity to amend their complaint with further arguments that he did in fact have a disability.
George is also suing over other claims, including breach of contract. He’s seeking unspecified damages and reinstatement at the club.
The lawsuit alleges other members were allowed to get away with worse debauchery without punishment, including having sex on a dock, leaving children unattended to take shots of alcohol, hurling racial insults and stuffing $100 bills into waitresses blouses.
Kevin Spainhour, another attorney representing George, characterized the incident that got him banned as “a bad day” that was typical behavior at the club.
George alleges employees fostered this atmosphere with heavy-handed pours of alcohol and a habit of topping-off members’ drinks before they ever ran dry.
The Balboa Bay Club has defended its members as “ladies and gentlemen” and accused George of getting into multiple altercations, including assaulting an employee.
Judge Gastelum on Tuesday also threw out a claim that the Balboa Bay Club defamed George by saying he was a “drunk, an embarrassment or that he got into a fight when he did not.”
The claim was not specific enough because it didn’t explain who said this or to whom it was said, according to Gastelum’s ruling.
George’s lawyers said they plan to file a new complaint and continue pursuing all the claims.