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Ladies' Night Challenged as Un-Kool
Center for Individual Freedom ^ | September 27, 2007 | National Law Journal

Posted on 09/28/2007 8:21:41 PM PDT by Tolerance Sucks Rocks

"Ladies' Night" was a hit single for the band Kool and the Gang in the '80s, but now it's become the subject of a lawsuit.

New York attorney Roy Den Hollander has filed a class action lawsuit against several Manhattan bars and clubs, alleging that their ladies' night practices are unconstitutional. Hollander charges that when they host ladies' night they are violating the 14th Amendment's guarantee of equal protection under the law.

Hollander is seeking to be named class representative for all men charged more money or burdened by stricter time restraints than woman. He seeks nominal damages and an injunction to halt the practice of offering women either free or reduced fees, shorter waiting periods, or longer time windows for free or reduced admission that is not available to men.

According to news reports, Hollander justifies his case by stating that the ladies' night practices present difficulties for men. "It's either more money, more time or more burdensome," said Hollander.

Tim Gleason, general manager of defendant China Club, said that he found Hollander's grievance "ridiculous."

—Source: The National Law Journal


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: New York
KEYWORDS: 14thamendment; constitution; discrimination; equalrights; fourteenthamendment; inequality; ladiesnight; lawsuit; lawyerisanidiot; lawyers; manhattan; men; newyork; newyorkcity; ny; roydenhollander; women
This is just nuts...
1 posted on 09/28/2007 8:21:43 PM PDT by Tolerance Sucks Rocks
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To: 3D-JOY; abner; Abundy; AGreatPer; Albion Wilde; alisasny; ALlRightAllTheTime; AlwaysFree; ...

PING!

Do you believe this happy-crappy?


2 posted on 09/28/2007 8:24:02 PM PDT by Tolerance Sucks Rocks (Oh, Geesh, not THIS crap AGAIN?!?)
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To: Tolerance Sucks Rocks
I don’t think lady's night is fair, BUT it is not unconstitutional. A private person or business is not able to deny you your constitutional rights. Now, if it was a government run bar, OK he would have a case.
3 posted on 09/28/2007 8:29:08 PM PDT by chaos_5 (... I'm just another angry white male ...)
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To: chaos_5
A private person or business is not able to deny you your constitutional rights.

Do a little research on public accommodation law. Think about it in terms of a "whites only" night. Or "no gays allowed" establishment.

4 posted on 09/28/2007 8:31:59 PM PDT by IronJack (=)
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To: Tolerance Sucks Rocks
New York attorney Roy Den Hollander has filed a class action lawsuit against several Manhattan bars and clubs, alleging that their ladies' night practices are unconstitutional. Hollander charges that when they host ladies' night they are violating the 14th Amendment's guarantee of equal protection under the law.

Good grief. Give me a freakin' break.

5 posted on 09/28/2007 8:32:09 PM PDT by Luke Skyfreeper
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To: chaos_5

The point is to get more women into the bar, NOT less.


6 posted on 09/28/2007 8:32:23 PM PDT by Perdogg (Join the NCAA basketball thread - Freemail me)
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To: Tolerance Sucks Rocks

More stupidity to keep us busy and distracted.


7 posted on 09/28/2007 8:40:01 PM PDT by freekitty ((May the eagles long fly over our beautiful and free American sky.))
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To: Tolerance Sucks Rocks
“Hollander charges that when they host ladies’ night they are violating the 14th Amendment’s guarantee of equal protection under the law.”

Exactly what is he looking to be equally protected from?? Ladies?

8 posted on 09/28/2007 8:41:12 PM PDT by gidget7 ( Vote for the Arsenal of Democracy, because America RUNS on Duncan!)
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To: IronJack
Umm Ladies night does not bar men. It offers women drinks for less. It isn’t just ladies who can go. I used to know guys who went on Ladies Night to pick up girls.
9 posted on 09/28/2007 8:43:25 PM PDT by gidget7 ( Vote for the Arsenal of Democracy, because America RUNS on Duncan!)
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To: Tolerance Sucks Rocks

“New York attorney Roy Den Hollander has filed a class action lawsuit against several Manhattan bars and clubs, alleging that their ladies’ night practices are unconstitutional. Hollander charges that when they host ladies’ night they are violating the 14th Amendment’s guarantee of equal protection under the law.”

They’re private businesses. If they want to have cattle-loving-midgets-in-spandex night, they can, and this guy can’t do a f*cking thing about it.


10 posted on 09/28/2007 8:45:15 PM PDT by DesScorp
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To: Tolerance Sucks Rocks

What about coupons. Someone gets 10% off just because they have a coupon and all others pay full price. Seems like discrimination to me. A lack of equal protection too!


11 posted on 09/28/2007 8:49:08 PM PDT by Khepera (Do not remove by penalty of law!)
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To: Tolerance Sucks Rocks

A man who sues to stop ladies night has got to be the biggest wussy that ever walked the planet.

12 posted on 09/28/2007 8:51:16 PM PDT by MarineBrat (My wife and I took an AIDS vaccination that the Church offers.)
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To: Tolerance Sucks Rocks
New York attorney Roy Den Hollander has filed a class action lawsuit against several Manhattan bars and clubs, alleging that their ladies' night practices are unconstitutional . . . [as] violating the 14th Amendment's guarantee of equal protection under the law.

Somebody is totally incompetent. Either the writer of the article or the attorney.

The Constitution does not prohibit a business from discriminating against men, but local, state, and federal laws prohibit such discrimination under certain circumstances. The Constitution's 14th Amendment prohibits a governmental entity from such discrimination against men.

Unfortunately, such ladies' nights have been outlawed as violations of local or state laws (NOT unconstitutional) in some areas. As ridiculous as it might seem, the guy may succeed in stopping Ladies' Nights in his state or locality, depending on the law that he uses.

On the other hand, if he simply argues that the nightclub policy is unconstitutional, he should be laughed out of court.

13 posted on 09/28/2007 8:59:51 PM PDT by BillF (Fight terrorists in Iraq & elsewhere, instead of waiting for them to come to America!)
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To: Tolerance Sucks Rocks

What’s next, a class action lawsuit if she won’t sleep with you after $50 in drinks...?


14 posted on 09/28/2007 9:06:14 PM PDT by Doctor Raoul (Columbia = Ayatollah U.)
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To: IronJack
Do a little research on public accommodation law. Think about it in terms of a "whites only" night. Or "no gays allowed" establishment.

I'd rather think about it in terms of helping an under-represented class (women in bars) be encouraged to stand up and hold their own (beer)!

15 posted on 09/28/2007 9:31:58 PM PDT by slowhandluke (It's hard work to be cynical enough in this age)
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To: Perdogg
The point is to get more women into the bar, NOT less.

Indeed. Methinks the plaintiff hasn't really thought this through. Or else he's gay.

16 posted on 09/28/2007 9:45:49 PM PDT by squidly
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To: Tolerance Sucks Rocks

Maybe after the lawyers ran most of our businesses out of the country they are running out of things to sue over?


17 posted on 09/28/2007 9:47:37 PM PDT by ran20
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To: IronJack
Do a little research on public accommodation law. Think about it in terms of a "whites only" night. Or "no gays allowed" establishment.

I see your point. Public accommodation is the sticking point. I was thinking about it in terms of private property.

18 posted on 09/28/2007 9:52:05 PM PDT by chaos_5 (... I'm just another angry white male ...)
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To: gidget7; IronJack
I used to know guys who went on Ladies Night to pick up girls.
That is precisely the point of Ladies' Night. I would guess it typically results in more women than an average night, which of course will bring in more guys. Works out for everyone.

Jack's got a good point though. Instead of "whites only" night, think "Whites' Night". Discount for whitey. While stupid, it should be no less legal than Ladies' Night.

19 posted on 09/28/2007 9:54:55 PM PDT by BMiles2112
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To: Tolerance Sucks Rocks

Thanks Roy. Guys always hate it when women out-number the men, unless you’re not a fag. (Sometimes this equal crap needs to go away, especially with the right to association)


20 posted on 09/28/2007 9:57:45 PM PDT by eyedigress
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To: Perdogg

I guess it’s back to eHarmony for Mr. Whineypants. BTW ladies....this is the guy your mama warned you about. (Cheap)


21 posted on 09/28/2007 10:29:51 PM PDT by TNdandelion
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To: IronJack
chaos_5 posted: A private person or business is not able to deny you your constitutional rights.

IronJack replied: Do a little research on public accommodation law. Think about it in terms of a "whites only" night. Or "no gays allowed" establishment.

Both statements are correct and not contradictory. The nightclub is not a governmental entity except on rare occasions when a government owns (or otherwise controls) the nightclub. Therefore, the nightclub is NOT able to deny constitutional rights, no matter what it does. However, the nightclub might violate discrimination laws relative to public accommodations.

A "whites only" policy at a nightclub would violate federal, state, and local public accommodation/anti-discrimination laws. However, a "no gays" policy in a nightclub might NOT violate the law in some areas. Indeed, that is one reason that homosexuals are lobbying to be included in federal anti-discrimination laws.

22 posted on 09/28/2007 10:38:34 PM PDT by BillF (Fight terrorists in Iraq & elsewhere, instead of waiting for them to come to America!)
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To: IronJack
A private person or business is not able to deny you your constitutional rights.

Does the public accommodation law apply to amusement parks?

23 posted on 09/29/2007 4:53:54 AM PDT by LurkedLongEnough
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To: gidget7
It offers women drinks for less.

Prices for whites: $X
Prices for blacks: $Y

How long do you think THAT establishment would stay open?

24 posted on 09/29/2007 7:17:09 AM PDT by IronJack (=)
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To: LurkedLongEnough
Does the public accommodation law apply to amusement parks?

Yes, I would think an amusement park open to the public at large would constitute a public accommodation.

25 posted on 09/29/2007 7:19:10 AM PDT by IronJack (=)
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To: IronJack

An affirmative action night? What a concept.


26 posted on 09/29/2007 7:21:28 AM PDT by unixfox (The 13th Amendment Abolished Slavery, The 16th Amendment Reinstated It !)
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To: Tolerance Sucks Rocks

Apparently this guy Hollander has never gotten lucky at a bar. This ensures that he never will.

The SCOTUS has determined that giving preferences is allowable (affirmative action) in order to make up for past wrongs. Given the amount of time women generally have to wait for bathrooms at night clubs, I would say that “ladies nights” make up for it.

Can anyone else say “frivolous law suit?” This isn’t a case where a contempt charge should be filed. It could be settled with a simple statement from the judge: “Bailiff... Beat the crap out of the plaintiff!”

Mark


27 posted on 09/29/2007 7:22:50 AM PDT by MarkL (Listen, Strange women lyin' in ponds distributin' swords is no basis for a system of government)
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To: squidly
Indeed. Methinks the plaintiff hasn't really thought this through. Or else he's gay.

More likely, he's just completely unsuccessful on ladies nights, even though he's a lawyer, and probably has a Porsche or Mercedes. He can't "get lucky" so he wants to ruin the fun for everyone else... I'm sure once word gets out, the babes will be flocking to him!!!

Mark

28 posted on 09/29/2007 7:26:27 AM PDT by MarkL (Listen, Strange women lyin' in ponds distributin' swords is no basis for a system of government)
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To: Tolerance Sucks Rocks
"can you say SILLY children???"

"SURE you can".

free dixie,sw

29 posted on 09/29/2007 7:27:14 AM PDT by stand watie (Resistance to tyrants is OBEDIENCE to God. Thomas Jefferson, 1804)
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To: Tolerance Sucks Rocks

Should I make assumptions about the man’s sexuality? Ladies’nights are set up to attract more men, because there are likely to be more women.


30 posted on 09/29/2007 7:28:52 AM PDT by HungarianGypsy
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To: Tolerance Sucks Rocks
Which would most men rather attend: a night when ladies' drinks were half-price and men's drinks cost double, or one where men's drinks were half-price and ladies' drinks cost double?

The "ladies' night" drink discounts are given to benefit men seeking women.

31 posted on 09/29/2007 9:30:45 AM PDT by supercat (Sony delenda est.)
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To: squidly

“Indeed. Methinks the plaintiff hasn’t really thought this through. Or else he’s gay.”

Either that or he is so frickin’ ugly that none of the women would give him the time of day.


32 posted on 09/29/2007 9:47:27 AM PDT by peggybac (Tolerance is the virtue of believing in nothing)
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To: Tolerance Sucks Rocks
Think of it as Affirmative Action for women because we make much less money than men and we need a break when buying drinks just once in awhile. We’re oppressed in so many ways, please give us this one perk.

sarc/off

33 posted on 09/29/2007 9:49:18 AM PDT by peggybac (Tolerance is the virtue of believing in nothing)
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To: MarkL
"The SCOTUS has determined that giving preferences is allowable (affirmative action) in order to make up for past wrongs."

Hmmm, excellent point. I own a bar in Texas and TABC will mot allow me to have a ladies night, (discriminates against men, stupidest thing I ever heard!) so I don't, but you are corect, preferences are legal. I might try it again.

34 posted on 09/29/2007 10:02:39 AM PDT by jpsb
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To: Tolerance Sucks Rocks; Doctor Raoul

"If they outlaw ladies' nights, how will we swinging guys meet the foxes with their big American breasts?"

35 posted on 09/29/2007 10:26:19 AM PDT by BillF (Fight terrorists in Iraq & elsewhere, instead of waiting for them to come to America!)
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To: BMiles2112; gidget7; IronJack; eyedigress; BillF

exactly.


36 posted on 09/29/2007 10:44:06 AM PDT by ProCivitas (Duncan Hunter = Pro-Family + Fair Trade = Pro-America)
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To: Tolerance Sucks Rocks

He’s GAYYYYYYYYYYYYY!


37 posted on 09/29/2007 10:49:46 AM PDT by Philistone (Your existence as a non-believer offends the Prophet(MPBUH).)
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To: Tolerance Sucks Rocks
"New York attorney Roy Den Hollander"

= Loser a**ho*e!

Where does he think that guys go to meet girls. LADIES NIGHTS!

Let the disbarment proceedings begin. Barratry is stil against the law.

38 posted on 09/30/2007 5:18:50 AM PDT by Jimmy Valentine (DemocRATS - when they speak, they lie; when they are silent, they are stealing the American Dream)
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