Balboa Bay Club asks judge to dismiss lawsuit that alleges bias, public sex

Lawyers for the Balboa Bay Club have asked a judge to throw out a lawsuit that alleges it ignored rampant debauchery from some members but unfairly kicked out one man after he mixed painkillers and alcohol.

Newport Beach businessman Steve George sued the swanky beachfront resort in August, arguing that the club discriminated against him because of a disability when it voided his lifetime membership and canceled a $1,500-per-month mooring for his two yachts.

But lawyers for the club countered last week in Orange County Superior Court, saying a broken arm and a prescription for painkillers combined with heavy drinking hardly qualify as a disability.

According to the lawsuit, George’s dismissal stemmed from a night in June when he was in the club’s bar after a short cruise with friends.

He had been prescribed Percocet — which contains Oxycodone — and was unaware of the dangers of mixing the medication with alcohol, he said.

After drinking, he became disoriented and started arguing with employees, according to the lawsuit.

Soon after, he received a letter telling him he had been banned from the Balboa Bay Club.

“The Club terminated Plaintiff’s membership as a result of his inappropriate conduct, including, but not limited to, yelling and using profanity at the Club employees ... and threatening employees [with] physical harm, and attempting to attack a Club’s employee,” the request to dismiss the lawsuit states.

George’s lawsuit insists his treatment was unfair compared with other club members who allegedly escaped discipline after bad behavior.

There is a culture of drinking at the club, where employees are encouraged to go heavy on serving booze and quickly refill drinks, according to the lawsuit.

The suit alleges that this led to situations such as members forgetting their 3-year-old child before setting off on a drunken boat ride, and parents taking shots of alcohol while letting unattended kids fall into the pool.

Other members were caught having sex on public docks, groping employees or hurling racial epithets without repercussions, the lawsuit alleges.

Lawyers for the club said its members are well-behaved and argued that none of George’s arguments would give him grounds to sue.

Club attorney Mike Caspino said the lawsuit is simply George’s attempt to have his membership reinstated.

“In his deposition he admitted to being intoxicated and threatening with severe bodily harm three of our employees,” Caspino said. “He basically said he was sorry and he should be given another chance at membership.”

The law firm representing George did not return a call seeking comment Thursday.