In the 1972 case of Tillman et al. v. Wheaton-Haven Recreation Association, Inc., et al., the U.S. Supreme Court ruled that a private swimming pool club in Maryland had violated anti-discrimination laws by excluding black families from membership based on their race. The court found that although the club was privately owned, it functioned as a public accommodation because its facilities were open to non-members for a fee and it solicited public patronage through advertising campaigns. Therefore, it fell under Title II of the Civil Rights Act of 1964 which prohibits racial discrimination in places of public accommodation such as hotels and restaurants but does not explicitly mention private clubs or establishments with selective memberships like Wheaton-Haven's pool club.

In the dissenting opinion for Tillman et al. v. Wheaton-Haven Recreation Association, Inc., Justice William O. Douglas argued that the majority's decision was a step back in civil rights progress and an endorsement of racial discrimination by private clubs. He contended that the court should have upheld lower courts' rulings which found Wheaton-Haven Recreation Association guilty of racially discriminatory practices under public accommodation laws, as it operated on publicly owned land and provided services to the general public despite its status as a "private" club. The justice believed this case represented an opportunity to affirm anti-discrimination principles within broader contexts beyond just commercial establishments but also social institutions like private clubs where segregation can be perpetuated subtly yet significantly.