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34. Will the plaintiff prevail?
A city owns and operates a large public auditorium. It leases the auditorium to any group that wishes to use it for a meeting, lecture, concert, or contest. Each user must post a damage deposit and pay rent, which is calculated only for the actual time the building is used by the lessee. Reservations are made on a first-come, first-served basis. A private organization that permits only males to serve in its highest offices rented the auditorium for its national convention. The organization planned to install its new officers at that convention. It broadly publicized the event, inviting members of the general public to attend the installation ceremony at the city auditorium. No statute or administrative rule prohibits the organization from restricting its highest offices to men. An appropriate plaintiff sues the private organization seeking to enjoin it from using the city auditorium for the installation of its new officers. The sole claim of the plaintiff is that the use of this auditorium by the organization for the installation ceremony is unconstitutional because the organization disqualifies women from serving in its highest offices.
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A is incorrect. The Fourteenth Amendment does not reach this private actor, and also because the private actor does not become a state actor merely by inviting the public to an activity.
B is incorrect. The use of the auditorium does not discriminate on the basis of gender; women can come to the installation of new officers, and the use of the auditorium does not make the organization a state actor.
C is incorrect. The city could regulate who would be allowed to use its facilities, although some regulations might have to pass strict scrutiny.