Skip to comments.Ladies' Night Challenged as Un-Kool
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
Do you believe this happy-crappy?
Do a little research on public accommodation law. Think about it in terms of a "whites only" night. Or "no gays allowed" establishment.
Good grief. Give me a freakin' break.
The point is to get more women into the bar, NOT less.
More stupidity to keep us busy and distracted.
Exactly what is he looking to be equally protected from?? Ladies?
“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.
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!
A man who sues to stop ladies night has got to be the biggest wussy that ever walked the planet.
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.
What’s next, a class action lawsuit if she won’t sleep with you after $50 in drinks...?
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)!
Indeed. Methinks the plaintiff hasn't really thought this through. Or else he's gay.
Maybe after the lawyers ran most of our businesses out of the country they are running out of things to sue over?
I see your point. Public accommodation is the sticking point. I was thinking about it in terms of private property.
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.
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)
I guess it’s back to eHarmony for Mr. Whineypants. BTW ladies....this is the guy your mama warned you about. (Cheap)
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.
Does the public accommodation law apply to amusement parks?
Prices for whites: $X
Prices for blacks: $Y
How long do you think THAT establishment would stay open?
Yes, I would think an amusement park open to the public at large would constitute a public accommodation.
An affirmative action night? What a concept.
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!”
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!!!
"SURE you can".
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.
The "ladies' night" drink discounts are given to benefit men seeking women.
“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.
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.
"If they outlaw ladies' nights, how will we swinging guys meet the foxes with their big American breasts?"
= 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.
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