STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE. v. Hon. Robert L. Ziolkowski. Margaret A. Costello (P41868) James E.

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1 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE FLAT ROCK (HURON VALLEY) AERIE #3732 of the FRATERNAL ORDER OF EAGLES, DIANE LIZYNESS, PEGGY ZINSKI, and DANA CUPP, Plaintiffs, Case No CZ v. Hon. Robert L. Ziolkowski GRAND AERIE of the FRATERNAL ORDER OF EAGLES, Defendant. / Margaret A. Costello (P41868) James E. Lozier P25384) Katrina H. Staub (P62090) Jason J. Paupore (P60755) Cooperating Attorneys, American Civil Dickinson Wright PLLC Liberties Union Fund of Michigan Dykema Gossett PLLC 215 S. Washington Square, Ste Renaissance Center Lansing, MI Detroit, MI or Michael J. Steinberg (P43085) Kary L. Moss (49759) American Civil Liberties Union of Michigan Fund of Michigan 60 W. Hancock St. Detroit, MI Attorneys for Plaintiffs CONSENT JUDGMENT At a session of said Court, held in the County Courthouse, in the City of Detroit, County of Wayne, State of Michigan, on JUNE 13, 2005

2 PRESENT: ROBERT L. ZIOLKOWSKI CIRCUIT COURT JUDGE Plaintiffs Flat Rock (Huron Valley) Aerie #3732 of the Fraternal Order of Eagles, Diane Lizyness, Peggy Zinski, and Dana Cupp, and Defendant Grand Aerie of the Fraternal Order of Eagles, having stipulated to the entry of this Consent Judgment, and the Court being otherwise fully advised in the premises: IT IS HEREBY ADJUDGED AND DECLARED that: 1. Defendant Grand Aerie of the Fraternal Order of Eagles (hereinafter referred to as the Grand Aerie ) shall: a) Allow Plaintiff Flat Rock (Huron Valley) Aerie #3732 (hereinafter referred to as Aerie #3732 ) to admit female members from the date of this Consent Judgment forward; b) Allow any other Michigan Aerie, that elects to do so in the future, to admit female members; c) Provide that any and all female members admitted by Aerie #3732, or any other Michigan Aerie that later decides to admit female members, shall have the same membership rights and privileges that are afforded by the Grand Aerie to male members; d) Not revoke, revise or reverse its position as to allowing female membership in Aerie # 3732, or any other Michigan Aerie, at any time in the future; and 2

3 e) Not take any actions to disenfranchise or penalize Aerie #3732, or any other Michigan Aerie that later decides to admit female members, in relation to this litigation or its decision to allow female members. 2. Nothing in this Consent Judgment shall be construed as an agreement to allow any Aerie to discriminate against women, or a finding that such a practice is legal. 3. The Grand Aerie understands and expressly agrees that the terms of this Consent Judgment may be enforced by the following persons and entities in the future: 1) Aerie #3732 and its members, 2) any and all females seeking membership to a Michigan Aerie, and 3) any and all Michigan Aeries who desire to admit female members. 4. If Plaintiffs or any other Michigan aeries or residents bring a motion to enforce the terms of this Consent Judgment, and if the Court determines that Defendant Grand Aerie violated the Consent Judgment, the movant shall be entitled to the reasonable attorney fees incurred in connection with the enforcement of the Consent Judgment. 5. Within 30 days of entry of this Consent Judgment, the Grand Aerie shall send a copy of this Consent Judgment, and a letter in the form of the letter attached as Exhibit A, to: a) each Michigan Aerie, and b) each Michigan Aerie s Ladies Auxiliary. 6. Each party shall pay its own costs and attorney fees relating to this action. IT IS ORDERED that pursuant to the parties settlement of the claims in this action, that this action is dismissed in its entirety. This Consent Judgment resolves the last pending claim and closes this action. /s/ CIRCUIT COURT JUDGE 3

4 Approved as to form and substance: /s/ /s/ Michael J. Steinberg (P43085) Margaret A. Costello (P41868) Kary L. Moss (P49759) Katrina H. Staub (P62090) American Civil Liberties Union Cooperating Attorneys, American Fund of Michigan Civil Liberties Union Fund of 60 W. Hancock St. Michigan Detroit, MI Dykema Gossett PLLC Renaissance Center Detroit, MI or Attorneys for Plaintiffs /s/ James E. Lozier P25384) Jason J. Paupore (P60755) Dickinson Wright PLLC 215 S. Washington Square, Ste. 200 Lansing, MI

5 Exhibit A May, 2005 NOTICE TO: All Michigan Aeries and Michigan Aeries Ladies Auxiliaries: FROM: Grand Aerie of the Fraternal Order of Eagles The purpose of this letter is to advise members of all Michigan Aeries, and members of all Michigan Aeries Ladies Auxiliaries, that on August 4, 2004, the Flat Rock (Huron Valley) Aerie #3732 of the Fraternal Order of Eagles ( Aerie #3732), filed suit against the Grand Aerie of the Fraternal Order of Eagles ( the Grand Aerie ), alleging that the Grand Aerie violated the Michigan Elliot Larsen Civil Rights Act by refusing to admit female members. In order to resolve that legal action, the parties agreed to and signed the enclosed Consent Judgment. Under the enclosed Consent Judgment, the Grand Aerie has agreed to allow Aerie #3732, and any other Michigan Aerie that desires to do so, to admit female members. Moreover, such female members shall have the same membership rights and privileges that are afforded by the Grand Aerie to male members. Sincerely, Orville Crawford Grand Worthy President Fred E. Smith, Chairman Board of Grand Trustees