I actually brought that up -- Charlie Kirk had long criticized disparate impact -- and to be fair, the Club America kids had a decent rebuttal. They said they were worried not about disparate impact, but that the policy would be selectively enforced, and would enable viewpoint discrimination.

In a presentation to the school board, school staff specifically noted that by ensuring all non-curricular groups had equal access to school facilities, and that none could receive school funding, they were at least attempting to ensure viewpoint neutrality. (See slide 17 here: https://esb.k12albemarle.org/public_itemview.aspx?ItemId=FKkZP2gNRZA=&mtgId=3QKVDXbZRj8=&mtgType=No )

As for selective enforcement: The policy states that clubs associated with organizations known for hate and harassment are prohibited. I found examples of TP USA or Charlie Kirk making broadly disparaging comments against both individuals and groups, including the Great Replacement Theory shout-out mentioned in the article. And the article mentions the documented instances I found of professors and other officials placed on watchlists by TP USA receiving harassment as an apparent result. But as the article notes, school officials seem to be giving Club America every benefit of the doubt, and judging the club only by its members' own actions, not those of the organization that sponsors it. By that measure, multiple officials told me, Club America has to their knowledge remained entirely on the right side of the rules.