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Sneakylong I can't see DOJ saying you can't have any rules for playing on the Tour.
If you are not playing a PGA tourney this week, are you their employee? No. Why do you have to follow any rules for a company you do not work for?
The 'membership' requirement is what wins this for the PGA. Even if not a current employee.
Or, is it a 'requirement', to be a member, even though 'not employed'? That might be a problem for the PGA.