A lawsuit filed by the Utah attorney general's office against a private club accused of refusing to sell a membership to a black man may be settled out of court.

Attorneys for the state and Bogart's, which is located in Sugar House, have signed a stipulation that requires the private club's management to consider admitting Harold C. Miller.According to the lawsuit filed May 10 in 3rd District Court, Miller was told last January by Bogart's management that "he could not purchase a membership because there were not any memberships available for sale."

Miller, believing he was turned down because he was black, asked the attorney general's office for help. A pair of state investigators - one white, one black - were sent to purchase memberships.

The lawsuit stated only the white investigator was allowed to buy a membership - the day after the black investigator had turned down.

The consent decree sought by both parties from 3rd District Court Judge Kenneth Rigtrup would require Bogart's management "to immediately provide a membership application for Bogart's to Harold C. Miller Jr. and to promptly and reasonably consider Mr. Miller's application . . . ."

The stipulation also calls for Bogart's management to not discriminate against potential or current members and to implement membership and admittance policies that would prohibit discrimination.