This happened before (in New Jersey maybe?) and has been discussed on SI. I don't know if the plaintiff is right in terms of the law, but if he really is than I think the law isn't one I agree with.
---
N.Y. Lawsuit Calls 'Ladies' Night' Discriminatory
Brittney Pescatore
The National Law Journal
July 12, 2007
Printer-friendly Email this Article Reprints & Permissions
Clubs and bars have been luring women to their establishments with lower fees and shorter waits for decades, but a recent lawsuit claims that the practice is unconstitutional.
New York attorney Roy Den Hollander, a solo practitioner for more than 15 years who deals primarily with civil litigation and corporate governance, has filed a class action against certain Manhattan nightclubs for "invidious discrimination" against men in their policies for admitting patrons.
Hollander is seeking a declaratory judgment that would clarify whether nightclubs' policies consist of "state action" due to their regulation by the state's Division of Alcoholic Beverage Control, and consequently are subject to liability pursuant to 42 U.S.C. 1983, which allows civil action for deprivation of rights by persons acting under the color of state law. Hollander v. Copacabana Nightclub, 1:2007 CV 5873. A case management and scheduling conference has been set for Oct. 11.
The attorney alleges that the clubs are violating the 14th Amendment's guarantee of equal protection under the law, and in addition to declaratory relief, he is seeking nominal damages and an injunction to halt the nightclubs' practice of admitting women at a lower price than men.
The nightclubs named in the suit include Copacabana Nightclub, China Club, A.E.R. Nightclub and Sol.
Hollander says he attended each of these venues on nights when they held promotions offering women either free or reduced fees, shorter waiting periods, or longer windows for free or reduced admission that were not available to men.
"It's either more money, more time or more burdensome," said Hollander of the difficulties men face in gaining admittance to nightclubs.
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...
law.com
volokh.com |
