'Ladies' Night' Lawsuits on the Rocks?
The Age-Old Tradition Is Threatened by Lawsuits Nationwide
July 25, 2007
Lawsuits could be putting "Ladies' Nights" at bars and clubs across the country on the rocks.
In about two dozen cases, plaintiffs contend these drink and admission deals for women constitute discrimination against men and should be banned.
Roy Den Hollander is a New York lawyer who says Ladies' Night drinks and admission specials are unconstitutional, and he says he's suffered personally. Hollander is also a graduate of Columbia Business School and seems like a guy who should be able to get into a decent bar and afford the drinks. So what irks him?
"I'm tired of having my rights violated and being treated as a second-class citizen," said Hollander, who is seeking class-action status for his suit in federal court.
Tim Gleason, general manager of the China Club in New York, calls Hollander's complaint "pathetic" and echoes other club owners who argue that the discounts actually help both sexes by balancing out the ratio between men and women. Nevermind that some men are more than happy to pay for inequality in the ratio department.
Over the last 30 years, lawsuits stemming from promotions involving Ladies' Night have enjoyed considerable success in courts across the country where judges have held that single-sex discounts violate state and federal statutes guaranteeing equal protection under the law.
George Washington University law professor John Banzhaf, whose students have brought a Ladies' Night suit, says that these promotions are part of a broader class of gender-based price discrimination tactics like those used by hairdressers and dry cleaners who charge men and women different prices for the same service.
In Washington, D.C., he hopes to pursue what he calls restroom equity or "squatter's rights" in which he will sue public venues whose restroom availability, though seemingly equal for both sexes, has a "disparate impact" on women who must deal with longer lines and wait times.
Nightclub spokespersons and activists express concern that a class-action victory in a Ladies' Night lawsuit based on federal law could open the floodgates to a host of other suits against private businesses.
Kiss Ladies' Night Goodbye?
Hollander seeks to be the lead plaintiff and the representing attorney in a class-action suit against several Manhattan venues including the China Club, Copacabana Nightclub, A.E.R. Nightclub and Sol.
As a patron of these venues, he alleges that Ladies' Night discounts violate the 14th Amendment that guarantees equal protection to "similarly situated" persons. But are men and women really similarly situated in the dating marketplace? The law is one thing, but the mating game has its own set of intrinsic rules.
So where should the line be drawn? Basic Supreme Court case law says a state cannot discriminate unless it is for an important reason like public health and safety. Hollander argues the clubs have no legitimate reason for treating males and females differently in their admission policies.
"This is a constitutional-question suit, which means if I win, in theory any guy in America could bring a similar suit and use this as persuasive precedent," he said.
Legal analysts say Hollander's claim may be difficult to prove. He will have to demonstrate that there is a genuine constitutional issue. In court papers, he cites a 1970 case against a bar called McSorley's Old Ale House. The ruling in the case struck down a policy excluding women, claiming it violated the Constitution's guarantee of equal protection.
Club owners maintain that Ladies' Night is not a policy of exclusion, but rather an economic enticement to increase business and satisfy their customers. They say the marketplace dictates whether the promotions are abandoned, not the courts.
"Ladies' Night benefits the men as much as it benefits the ladies, the clubs and society," said John Juliano, owner of the recently closed Copacabana Nightclub. "And the only loser here is this grouch with a warped point of view."
But, Hollander said these perks do not justify discriminatory prices because the same beneficial end could be achieved by charging men less or equal to the amount women are charged.
"Each guy that walks into that club will have more money to buy her a drink, and the more she drinks, the more fun she and the guys will have," he said.
Ladies' Night Lawsuits
The recent slew of Ladies' Night lawsuits dates back to a 1972 case against the New York Yankees. A lot fewer women were going to games than men. The Yankees gave discounts on special "Ladies" games. An angry male fan sued and a court ruled the practice was illegal.
The Seattle Sonics basketball team was also sued in 1981 by a man who alleged discrimination because he was forced to pay full price for a ticket while his wife paid half. In that case the court ruled that the purpose of the promotion was "not to exclude anyone but to encourage attendance."
In recent years, Ladies' Night promotions have been the subject of litigation in California, New Jersey and New York, where the state-level courts consistently have ruled against Ladies' Night promotions.
I understand the male perspective in that why should they have to pay more for the same drink...but where is the indignation for the fact that women pay more for haircuts and in general get ripped off by mechanics, dry cleaners, and home appliance repairs? Beyond the sexism, can anything in our society NOT be litigious? I'm so sick and tired of every person who has a bug up their ass clogging up the court system and government with their puny little problems. Every stupid lawsuit that is brought up by somebody who can't just say, "You know what? My money talks so if I just stop using/going to/listening to/watching (insert appropriate grievance here) then I will be satisfied and everyone else who doesn't have a problem with it can do what they want.". I mean, am I far off base, here?????
wyldcat
25 Comments
No, Wyldcat. With you all the way :o)
no more women to reject him- no problem!
:)~
And to the guys -- continue to keep treating your women with kindness and respect, and make sure you deserve that drink!
It'll only be a small fee of about $3000 US, Mark. You might be waiting awhile. Can't you push that off to Saturday night in.......................2015? I have bills to pay. lol
Sheesh, is this what you guys go through? My female hormones can't handle the stress. Hooray for Ladies' night!!!!!!!!!!!!!!!!!!!!!!!!!!!!
As for this story, if this guy is getting peeved over having to pay a little more for drinks then he should spend less time focusing on ruining a promotional tool, and spend more time dealing with his alcoholism.
If we do manage to obtain fully equal rights between genders, we are just gonna have to do it all over again when the robots are common in the streets. So we should stop worrying about our gender issues and concentrate on building our defenses for those no good job stealing Robos!!!!
Can't we all get just along? no? then lets just sue everyone for everything that feels a little unequal .
The other areas that should be addressed are strip club ladies nights. Women are allowed into gentlemen's clubs as long as escorted. Males are not allowed the same privilege in a club that features male dancers. This goes for gay or straight men alike. Another area would be male reporters in the locker rooms of professional women's sports teams. Women reporters are allowed by law to enter any male locker room as an employee of the building, a physical therapist, a coach or a reporter. Men are not. Male police officers and prison correctional officers must request a female officer even if it means calling in for one when one is not present to conduct strip searches or pat down searches. This applies to custom officials who perform cavity searches as well. So as you can see there are many areas that have not been confronted and thus accepted by our society.
I know this will upset many, but we will have to face it one day. As a woman I know full well that many women fought against feminism. I feel that men face an even more challenging uphill battle against judges, law makers and every day males who for whatever reason are fine with being discriminated against.
As a lawyer I stand by my feelings and I also have the law to back me up as all of the examples I have mentioned are found to be unconstitutional yet are practiced every day in America.
Hey you know AdGuy always gets the last word! ;)