What is a PMA?

What is a PMA (Private Membership Association)?

A Private Membership Association (PMA) is a group of individuals who join together under a private contract to engage in activities or provide services, products, asserting their constitutional rights to free assembly and association to operate outside of public regulations and government oversight. Members agree to a private contract that outlines the organization's rules and activities, which are conducted in the private domain rather than the public. This structure allows groups, such as those in alternative healthcare or specific industries, to operate independently of typical state and federal licensing and regulations. 

• Private Domain: PMAs operate in a private domain, meaning their activities are not subject to the same public laws and regulations that govern public businesses. 

• Private Contract: Members enter into a private contract that governs their relationship and the organization's activities, rather than being subject to public regulations. 

• Constitutional Rights: The ability to form a PMA stems from the constitutional rights to freedom of speech and association, which the Supreme Court has upheld as inseparable. 

Are PMA's Legal?

Yes, a Private Membership Association can establish themselves completely legally, without governmental interferance, allowing its members to gather and associate based on shared interests or goals, most importantly, it is protected by the First and Fourteenth Amendments.  

• First Amendment:  In simple terms, the First Amendment guarantees that the government cannot take away your fundamental rights to freedom of speech, religion, the press, assembly, and petition. 

• Fourteenth Amendment: This amendment ensures PMAs can set their own bylaws, standards, and procedures without undue external intervention.

Bottom Line:  A PMA, can operate as a business by asserting members' First Amendment rights to freedom of association and contract, functioning in a private domain separate from government jurisdiction, not as a statutory corporation. 

Special thanks to https://hayesvalleyfarms.com/understanding-a-pma for this summary!