Colonial Springs Club v. Westchester County

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case brought under 42 USC 1983 seeking injunctive relief against Westchester County, its Health Department and Health Department officials, grows out of the long-accepted use by the Colonial Springs Club (the “Colonial”) of a shallow private swimming pool fed by spring water. Only member families and their guests can use the pool; membership is limited to 35 families. The pool is never rented, nor is it open to the general public; it is protected by a chain link fence and two locked gates. It is not operated at or for a profit.

In 1989…