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Judge Throws Out Case Against "Ladies' Night": Right Call?

Tue, 09/30/2008 - 11:15am by CitizenSugar
635 Views - 56 comments

A judge in New York City has thrown out a lawsuit alleging that "Ladies' Night" pricing at bars and nightclubs discriminates against men. The lawsuit was brought by an attorney known for his fight against gender-specific constructs like suing Columbia University for its Women's Studies department. (Have you heard the one about the Men's Studies department? It's called "History." But I digress.) Now the gender-equalizer is taking his fight to the $3 cosmo.

The judge tossed the case saying that bars and nightclubs have a right to price their product any which way they'd like because they're not acting as representatives of the state. The attorney's case tried to prove that through the state-run liquor license program, it does just that. After losing, he called the judge a feminist and said that the toss-out was right on par with the deeply embedded gender discrimination in tons of American institutions.

It makes one wonder if this crusading lawyer has ever gotten his hair cut or clothes dry-cleaned. I reckon he makes back the difference in "Ladies' Night" at the bar right there . . .

Does any gender preference signify discrimination? Drinks aside, is the lawyer fundamentally wrong?

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56 Comments Add a Comment

  • CaterpillarGirl's picture
    CaterpillarGirl
    1

    this is like that dude who sued hooters because he said they discriminated against him for being a man by not hiring him.

    I agree that feminism can be anti-male in some peoples eyes, but this case isnt one of those instances. Ladies night? brings tha ladies out dude, otherwise? sausage fest.

    9 weeks 2 days ago Report Comment
  • organicsugr's picture
    organicsugr
    2

    What's next, demanding equal pay for women? Private employers aren't representatives of the state, so it can't be discriminatory or illegal.

    9 weeks 2 days ago Report Comment
  • em1282's picture
    em1282
    3

    "Have you heard the one about the Men's Studies department? It's called "History.""

    Citizen!

    Lame, and I'm pretty sure the guy raising hell about this just wants attention and hates women.

    9 weeks 2 days ago Report Comment
  • popgoestheworld's picture
    popgoestheworld
    4

    I admit I'm not quite sure what discrimination law covers.

    I mean, could a restaurant only allow whites or is that against the law?

    Is all decision re: patronage left up to the private company?

    9 weeks 2 days ago Report Comment
  • lilkimbo's picture
    lilkimbo
    5

    I feel that since it's a private business, they should be permitted to do what they please. If this particular person is unhappy with bars that offer Ladies' Nights, he should take his business elsewhere.

    9 weeks 2 days ago Report Comment
  • Meike's picture
    Meike
    6

    He's fundamentally right but good luck on getting half those ladies back into the bar/club who are only there for the free/half-priced drinks.

    9 weeks 2 days ago Report Comment
  • mydiadem's picture
    mydiadem
    7

    'What's next, demanding equal pay for women? Private employers aren't representatives of the state, so it can't be discriminatory or illegal.'

    There is a big difference between employment laws and how a company can price its products.

    9 weeks 2 days ago Report Comment
  • Woop's picture
    Woop
    8

    popgoestheworld - I think if a suit is brought against a company, they'd have to justify their discriminatory practices as something that is of business necessity.

    9 weeks 2 days ago Report Comment
  • mydiadem's picture
    mydiadem
    9

    I think this dude should get together with the angry dad from the 'Obama is a terrorists BFF' shirt debacle. I bet they could have themselves some riveting conversations.

    9 weeks 2 days ago Report Comment
  • lovelie's picture
    lovelie
    11

    I guess it would essentially fall into the freedom of association category...and because the case is dealing with patrons, and not employees, I think a private company/organization has the right to implement practices such as this, even if they are rather discriminatory.

    9 weeks 2 days ago Report Comment
  • lovelie's picture
    lovelie
    12

    Well said mydiadem...Title VII protects employees from discrimination, unfortunately not patrons though, unless of course the employer is the state.

    9 weeks 2 days ago Report Comment
  • Michelin's picture
    Michelin
    13

    "There is a big difference between employment laws and how a company can price its products."

    What is it?

    9 weeks 2 days ago Report Comment
  • Allyace's picture
    Allyace
    14

    First of all, the guy should be glad that it makes girls a cheap date Eye-wink. Which is what the bars are trying to do in the first place. I agree with the judge that the bar isn't an arm of the state, but bars = interstate commerce and federal gov't can provent discrimination. BUT I don't think it rises to the level of discrimination. The purpose of it is not to discriminate but to get more bodies in the bar. You get more girls, you get more guys. Just good business sense.

    9 weeks 2 days ago Report Comment
  • Roarman's picture
    Roarman
    15

    This lawyer seems to have some underlying mommy issues. Maybe he didn't get enough hugs from her. Like caterpillar girl said, the women would not be there if it weren't for the half priced drinks and free admission. It seems to me that private estaablishments such as bars have the right to promote their establishment any way they would like.

    9 weeks 2 days ago Report Comment
  • Michelin's picture
    Michelin
    16

    I voted that private companies should be allowed to do business as they see fit. However, I think many of the people who voted for that are being hypocritical. If the bar were to offer half off drinks for white people, would that be alright?

    9 weeks 2 days ago Report Comment
  • lilkimbo's picture
    lilkimbo
    17

    Michelin, for me personally, I wouldn't support that, but I think it should be allowed. I would not try to legally block it, but I would take my business elsewhere.

    9 weeks 2 days ago Report Comment
  • Michelin's picture
    Michelin
    18

    Lilkim, I feel the same way. They should have the right to sell what they want to who they want, and I have the right to spend my money at another bar.

    9 weeks 2 days ago Report Comment
  • mydiadem's picture
    mydiadem
    19

    I'm not a lawyer, but from what I understand their are many laws on the books that protect the employee and guarantee certain rights like workers compensation, equal access for folks with disabilities, and anti-discriminatory practices. These would prevent employers from only hiring people of a certain race, gender, age, physical appearance, etc. Those kind of things don't exist to protect potential consumers from similar 'discrimination'.

    This is just my understanding of the status quo

    9 weeks 2 days ago Report Comment
  • ilanac13's picture
    ilanac13
    20

    i can understand why someone would be upset about this but think about it - even from a guy's perspective. you're going out with your group of 5 guys..and you're at a bar...and there are about 6 other groups of guys (5 each) and maybe 4 girls. well...that means that your chance of talking to those 4 girls is slim to none. BUT...if a bar has a promotion where there are drink specials for them, well..then chances are there will be 4+ groups of girls and then your odds are higher.

    i think that the lawyer was just trying to make a point, and wasn't successful about it. it's like saying that a women's clothing store can't just sell women's clothes...

    9 weeks 2 days ago Report Comment
  • Michelin's picture
    Michelin
    21

    Mydiadem, if those laws don't exist to protect consumers, then why don't you see 'Whites Only' signs outside restaurants anymore?

    9 weeks 2 days ago Report Comment
  • bastylefilegirl's picture
    bastylefilegirl
    22

    In this particular it sounds like it is about pricing and not patronage and the guy at Hooters is also a lot different because that was an employment situation. Yeah this lawyer just wanted a little attention women on one night pay a cheaper fee than men he's stretching the bounds of discrimination a little. And yes if they only allowed white/green/purple people then someone could file a discrimination lawsuit against them. It's kind of hard to prove "a club" discriminated towards you because of your race I had a problem come up regarding SBE Clubs in L.A. and how they only let black people in if they are famous other than that you have to be white.

    9 weeks 2 days ago Report Comment
  • lilkimbo's picture
    lilkimbo
    23

    Well, any club associated with Heidi probably isn't worth going to anyway!

    j/k

    Sort of.

    9 weeks 2 days ago Report Comment
  • bastylefilegirl's picture
    bastylefilegirl
    24

    Mich,

    While I agree with you in theory that businesses should do as they please i.e. " No shirt, No shoes, no service" and " We reserve the right to ...." and yes the dreaded "whites only". It's something that is hard to deal with on a personal level as being someone who has been discriminated against by a business because of the color of my skin and this happened in 2007 in what is suppose to be a "progressive" and "liberal" city!

    9 weeks 2 days ago Report Comment
  • javsmav's picture
    javsmav
    25

    The difference is that men want women at the bars & they are paying for that "service." If they don't want to talk to or dance with women, there are many places they could go where everyone is charged the same.

    9 weeks 2 days ago Report Comment
  • bastylefilegirl's picture
    bastylefilegirl
    26

    Oh but I can't lie a sign I like is " No Children" so I guess I'm a part of the problem ahahahah!

    9 weeks 2 days ago Report Comment
  • bastylefilegirl's picture
    bastylefilegirl
    27

    Lilikimbo,
    Well I should have known not to go I actually watch "the hills" ( no laughing) and have notice that there isn't one "non-white" person that works for SBE so I should have exspected it!

    9 weeks 2 days ago Report Comment
  • mydiadem's picture
    mydiadem
    28

    Again I'm not a lawyer, but I don't think it wouldn't be against the law to have a whites only sign. It wouldn't be a good business decision and you would get a lot of bad press however. But then again, I could see something like you have to let people into an establishment without discrimination (unless its a law like underage drinking or something) but what this guy was suing over was pricing discrimination. Also very different in my limited experience.

    9 weeks 2 days ago Report Comment
  • Woop's picture
    Woop
    29

    "if those laws don't exist to protect consumers, then why don't you see 'Whites Only' signs outside restaurants anymore?"

    Michelin - there are federal and state public accommodation laws that were established to end segregation in public spaces like hotels, restaurants, stores, parks, etc. This is what allowed a class action suit against Denny's a while back.

    9 weeks 2 days ago Report Comment
  • Michelin's picture
    Michelin
    30

    Mydiadem, it is certainly against the law to only allow whites into your restaurant.

    9 weeks 2 days ago Report Comment
  • lilkimbo's picture
    lilkimbo
    32

    Bastyle, don't worry, I watch The Hills from time-to-time, too! I won't commit to DVRing it, but I watch it if it's on!

    9 weeks 2 days ago Report Comment
  • tiabia's picture
    tiabia
    33

    I do understand where this guy is coming from. It's the burden of being a "higher"-salaried man, duh. Eye-wink

    9 weeks 2 days ago Report Comment
  • popgoestheworld's picture
    popgoestheworld
    34

    So based on what I'm reading, an establishment cannot deny entrance based on race, but they could refuse to serve someone once they're in? Or they could effectively refuse to by charging thousands of dollars more for an item?

    Where are all the discrimination lawyers hanging out? Not on citizen sugar?

    9 weeks 2 days ago Report Comment
  • geebers's picture
    geebers
    35

    I feel like this is a case of common sense. I can understand the whole "discrimination" argument since they are discriminating against men but seriously- take your business elsewhere. Ladies Night is a common theme in almost every bar around here in liberal NYC! If a business is offending enough people - they will lose money and change their policy.

    9 weeks 2 days ago Report Comment
  • Michelin's picture
    Michelin
    36

    Pop, are you talking about what the laws actually are or what I think they should be?

    As of now, you can't deny a person service based on race. The way I think it should be? Businesses should be able to do what they want, even those awful things you listed.

    9 weeks 2 days ago Report Comment
  • popgoestheworld's picture
    popgoestheworld
    37

    I'm talking about what the laws actually are.

    I just think that we hear "ladies night" and think "whatever, no big deal." But if it were "white night" the tone on here would be WAY different.

    I think we implicitly understand that ladies night isn't some big ploy to discriminate against men, but to me it begs the question of why is it different under the law?

    9 weeks 2 days ago Report Comment
  • Michelin's picture
    Michelin
    38

    Oh, okay, Pop. I agree with you. People seem to have a double standard on this one. Like I said earlier, I don't think everybody would dismiss it so quickly if whites got half off drinks.

    9 weeks 2 days ago Report Comment
  • tiabia's picture
    tiabia
    39

    So would people be more up in arms if it were disabled people who got half off drinks? Is it fair that military personnel get a certain % off, is it fair that seniors get a certain % off or that students get a & off as well...this opens up a whole new door!!!

    9 weeks 2 days ago Report Comment
  • Woop's picture
    Woop
    40

    I personally think there is a difference between a practice done with the intent of encouraging increased patronage and enhancing the experience for its current patronage and a practice that is intended to keep out and exclude people. The bars are trying to get increased female turnout on certain nights. If there are lots of females, more guys go in as well. It's like when cell phone and cable companies have different pricing and deals for new customers that aren't available for existing customers.

    9 weeks 2 days ago Report Comment
  • popgoestheworld's picture
    popgoestheworld
    41

    I agree that common sense dictates that it's very different. That is why I was curious about exactly how the law was worded.

    I mean, seniors get discounts. Is that discriminating based on age?

    9 weeks 2 days ago Report Comment
  • popgoestheworld's picture
    popgoestheworld
    42

    I agree that common sense dictates that it's very different. That is why I was curious about exactly how the law was worded.

    I mean, seniors get discounts. Is that discriminating based on age?

    9 weeks 2 days ago Report Comment
  • bastylefilegirl's picture
    bastylefilegirl
    43

    This is a marketing scheme and is not excluding a group of people but giving one group incentive to come in. This business isn't saying "men aren't allowed" in a backhanded way it's saying "ladies here men you know you want to come in". It's like Nordstrom's and the Women's Half Yearly sale is that discriminatory to me....hardly.

    I mean even on the race issue you don't have to place a "white's only" sign up to run an all white establishment if you are savvy, and targeted in your marketing then it can be done. I use to live in the South and it was just places that non white people just didn't go period!

    9 weeks 2 days ago Report Comment
  • snowbunny11's picture
    snowbunny11
    45

    Michelin- bars aren't allowed to discriminate based on race because it would violate the commerce clause of the constitution, which the federal govt. has the right to regulate. It must be shown that a certain amount of the bar or restaurants products come from out of state, because it is interstate commerce that can be regulated. The scope of the federal govt. and their power to regulate commerce has been decreased a bit by a more conservative govt. in support of states' rights, and I don't know how states regulate these things. Of course, I don't even know if this is a federal or state court, but it is under the commerce clause that businesses can't discriminate based on race. And theoretically, it is a case-by-case judge-made law based in precedent. The 14th amendment, giving equal rights to the races unfortunately does only apply to the government.

    Labor laws are different entirely, but also federal, arose d