Posted by Jonathan Adler:
Are "Ladies' Nights" Discriminatory?
http://volokh.com/archives/archive_2007_07_08-2007_07_14.shtml#1184277798
A New York attorney has [1]filed a class action lawsuit against
several Manhattan nightclubs, alleging that by hosting "ladies nights"
they are engaged in unlawful gender discrimination. He is seeking a
declaratory judgment that the nightclub policies in question
constituted "state action" due to their regulation by the state
Alcoholic Beverage Division. Such a finding would be necessary for the
nightclubs to be liable under Section 1983.
He is looking to the case of Seidenberg and DeCrow v. McSorleys'
Old Ale House, Inc., 317 F.Supp 593, as precedent for finding the
existence of "state action" by bars and nightclubs. The U.S.
District Court for the Southern District of New York, where
Hollander has filed his complaint, ruled in 1970 that state action
existed when McSorleys' Old Ale House refused to serve two women.
Hollander also foresees an "uphill battle" in classifying the
action as invidious discrimination, since he is arguing on behalf
of men and not women, whom he says the U.S. Supreme Court has given
"preferential treatment for past invidious, economic
discrimination."
"Whether this case succeeds or fails," says Hollander, "it will
result in a much needed victory for men." . . .
Hollander is seeking to be named class representative for all men
charged more money or burdened by stricter time restraints than
women at these clubs over the last three years. He has as evidence
e-mail advertisements for promotions held on the nights he attended
these clubs and according to Hollander, these e-mails advertise
discriminatory admittance policies for men versus women. The case
seeks an injunction to end these policies.
The general manager for one of the nightclubs being sued labeled the
suit "ridiculous."
References
1. http://www.law.com/jsp/article.jsp?id=1184144791036&rss=newswire
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