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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
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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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To: Tolerance Sucks Rocks

The lawyer is a killer now. A dead killer.


39 posted on 07/20/2020 1:24:26 PM PDT by Meatspace
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