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Davis v. American Legion

Supreme Court of Vermont

December 19, 2014

Marilyn Davis
v.
The American Legion, Department of Vermont, et al

Page 100

Editorial Note:

This Opinion is subject to motion for reargument or formal revision before publication. See V.R.A.P. 40

On Appeal from Superior Court, Washington Civil Division. Helen M. Toor, J.

Charles S. Martin of Charles S. Martin & Associates, P.C., Barre, for Plaintiff-Appellant.

Robin A. Freeman of Law Office of Caroline S. Earle, PLC, Montpelier, for Defendant-Appellee The American Legion Department of Vermont.

Stephen D. Ellis of Ellis Boxer & Blake PLLC, Springfield, for Defendants-Appellees.

Present: Reiber, C.J., Dooley, Skoglund and Robinson, JJ., and Durkin, Supr. J., Specially Assigned.

OPINION

Page 101

Skoglund, J.

[¶1] Plaintiff Marilyn Davis appeals the trial court's grant of defendants' Vermont Rule of Civil Procedure 12(b)(6) motions to dismiss her several claims, which seek to

Page 102

rectify alleged harms stemming from disagreements among Davis and various American Legion officials and staff. We agree with the trial court's ruling and affirm on substantially the same grounds.

[¶2] The allegations in Davis's complaint and the exhibits attached thereto explain the following. Davis brought her four-year-old granddaughter to karaoke night at The American Legion, Barre Post No. 10 club hoping to have her sing, but their evening ended on a sour note when on-hand staff asked them to leave. Davis is a member of the Barre Post No. 10 Auxiliary Unit, a group affiliated with Post 10, but she is not a member of Post 10. Post 10 Auxiliary is a subsidiary group of the national Auxiliary organization created for female relatives of veterans. See infra, ¶ 10. Post 10's regularly scheduled karaoke nights, like the one in question, are open to the public. A Post 10 club rule explicitly prohibits minors at the club after 7:00 p.m., except by special permission of the governing body of Post 10, the Post 10 House Committee. Davis claims the Committee had previously granted her special permission to bring her granddaughter to karaoke night and stay until 7:30 p.m. At 7:00 p.m. on the night in question, however, on-hand staff monitoring the karaoke event sought to enforce the no-minors rule by asking Davis and her granddaughter to leave. Davis protested and followed a House Committee member into the parking lot. A disagreement ...


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