ATLANTA (AP) – Attempts to force an exclusive Atlanta country club to adhere to the city’s gay civil rights ordinance failed when the Atlanta Attorney said he will not fine the club.

In December, Atlanta mayor Shirley Franklin directed Atlanta’s solicitor to fine Druid Hills Country Club $500 a day for each day, up to 180 days, it does not comply with the city ordinance. The club then filed suit against the city alleging the ordinance is illegal.

City Solicitor Raines Carter said he is unable to proceed because he was named as a defendant in the suit.

Carter said that the minute Druid Hills launched the suit his hands were tied.

“My role at this point is just as a defendant,” Carter said, adding that he will not ask a city judge to fine the club “until I get some direction about how to proceed with that lawsuit.”

The dispute began last year when two of its members, Lee Kyser and Randy L. New, were turned down when they sought family memberships for their same-sex partners.

Kyser, a clinical psychologist, and New, a lawyer, took the club to the Human Rights Commission alleging bias because of their sexuality.

The club, which charges a $40,000 initiation fee and about $475 in monthly dues, told Kyser and New that their partners were welcome to join but not as a families. Family rates are considerably lower than separate memberships.

The commission determined that Kyser and New had been victims of discrimination and turned the issue over to the mayor for action. But in November, Franklin told a GLBT business group she was reluctant to enforce the ordinance because it may not survive a court challenge. After GLBT community leaders pushed the mayor to act, Franklin ordered Carter to begin fining the club.

In its suit against the city, Druid Hills said the club does not discriminate against gay and lesbian members, and that the ordinance overreaches the city’s authority and violates the Georgia Constitution by granting rights reserved for married couples to same-sex couples.

Last November, Georgia voters approved amending the state constitution to bar same-sex marriage.

Earlier this month, legislation was filed in the Georgia Legislature that would block cities from punishing organizations that exclude gays and lesbians.