Local Moose lodge fends off injunction sought by international organization
Barbara S. Miller/Observer-Reporter
The sign that formerly identified building on West Chestnut Street as Moose Lodge No. 22 is no longer evident Wednesday.
The Washington Moose Lodge, 2021 W. Chestnut St., in Canton Township, refuses to implement a no-smoking ban enacted by the international organization at its convention last year.
A Washington County judge decided the Moose International organization had not exhausted possible remedies to resolve what it perceived as noncompliance with a smoking ban at the local lodge.
President Judge Katherine B. Emery declined to issue a preliminary injunction that, if granted, would have allowed the international organization to take immediate possession of the property and would have kept local officers from entering Moose Lodge No. 22, which is located at 2021 W. Chestnut St.
Emery, in a seven-page opinion, order and findings of fact, noted the umbrella organization enacted a smoking ban that took effect Jan. 1.
“The demand of the injunction is the most severe action that could be imposed,” the judge wrote. “To expel all of the officers, to dissolve and obliterate the local Lodge No. 22 and transfer membership to the International organization is severe and defies logic.
“Administrative remedies are available…. Efforts to resolve the dispute – to unlock these horns – have not been attempted.”
The resolution adopted at an international convention last summer allowed the use of tobacco products and e-cigarettes in outdoor areas “or areas for which the general governor’s office has provided a dispensation.”
The dispute, Emery noted, involves the interpretation and enforcement of the smoking ban locally, which, according to testimony in court last month, members “overwhelmingly opposed the by-law change and voted against it at the convention.”
Officers thought Lodge No. 22 would be approved for the “dispensation” because one of two bars could be enclosed and has a separate entrance and air-handling system.
The judge ruled Moose International has not made a determination for the Washington lodge’s request for a dispensation, and no opportunities for Lodge 22 to be heard were afforded to them.
The new by-law granted exceptions to lodges that had already spent large amounts of money to provide smoking rooms. The dispensations had been granted to about 100 of the 1,400 international affiliate lodges.
Southwestern Pennsylvania territory manager Stan Adams led officials of Lodge 22 to believe they might be approved for a dispensation regarding a separate bar where smoking would be allowed, the judge found, outlining this chain of events:
“Without a hearing or notice, Moose International sent a letter to the officers on Jan. 16 to respond to … why their charter should not be revoked for not following or enforcing the smoking ban.
“A few days earlier, the territory manager asked the officers to sign a pledge of compliance which they refused to do; however, the next day, the officers signed the pledge but the territory manager would not accept it.
“Although the Jan. 16 letter gave the lodge 15 days to respond, Moose International sent an expulsion letter on Jan. 17 to each officer” and reissued membership cards to all Lodge No. 22 members providing a general membership to Moose International, which would have allowed them to enter other Moose clubs.
The lodge property is titled in the name of the local organization, which also pays its mortgage and taxes, Emery noted. She determined Moose International has never occupied the premises.
The judge directed the local lodge to obtain insurance for its operation as a liquor establishment.
Brenda Rossell of Washington, a member of the Women of the Moose, questioned the strife and the impact of the court decision.
“Is it going to be a detriment to the community? We are a stand-alone group,” she said, cooking for Washington Christian Outreach and donating to local charities such as United Cerebral Palsy and the United Way.
The local lodge includes 800 men and 600 women.
One reason Moose International chose to enforce the smoking ban in Washington was to set an example for its anticipated admission of women as full members, according to Michael Luer, general governor and chief compliance officer of the international organization based in Illinois.
Local officers testified the Washington lodge has been ahead of the curve on this subject.
Rossell favors full membership for women in the Moose clubs.
“We have been for years,” she said.
The attorney for Moose International did not respond to a request for comment, but Brant T. Miller, who represented Lodge No. 22, said Wednesday afternoon, “Testimony was that the charter was revoked.
“Prior to the hearing on the injunction, my clients reached out to try to resolve the matter. I have no idea whether Moose International wants to talk or not. I’m hoping cooler heads will prevail.”
The fraternal organization was founded in 1888, and the Canton Township lodge was incorporated in 1907.
“To terminate the relationship, a good relationship for 100 years, and to transfer property is too severe,” the judge concluded. “Less restriction measures to obtain the goal of compliance by the local lodge are available and must be attempted before such a harsh measure is imposed.”