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Law

September 5, 2007

Is Ladies' Night Legal?

In June, Manhattan attorney Roy Den Hollander filed a federal lawsuit against a variety of New York nightclubs arguing that "Ladies' Nights" violate the equal protection clause of the 14th Amendment (New Yorker). This case is the latest in a string of lawsuits raising the question of whether businesses should be able to charge gender-specific admission or prices. Is it paternalistic or anti-capitalistic to set legal guidelines dictating identical prices for the genders, especially when there is unequal demand for certain services? Gelf checks the precedents to see if sex-based rates are Kool and the Gang.

1981
A man sued the Seattle Supersonics basketball team after having to pay full-price for a ticket on a special "Ladies' Night" while his wife paid half as much. In MacLean v. First Northwest Industries of America, the Washington Supreme Court found the promotion reasonable, saying that because women "do not manifest the same interest in basketball as men do," the purpose of the cost-difference was "not to exclude anyone but to encourage attendance."

1995
The California legislature signed a law to ban gender-based pricing of services, becoming the first state in the country to do so. Since then, similar legislation has also been passed in Florida's Miami-Dade County, Pennsylvania, and Massachusetts (Christian Science Monitor).

1998
The New York City Council approved an ordinance prohibiting hair salons and dry cleaners from charging men and women different prices. The decision was largely influenced by a 1996 survey that found that, on average, women paid 14 percent more for dry cleaning and 40 percent more for haircuts.

March 2005
The issue extends to Canada, where Liberal parliament member Lorenzo Berardinetti introduced a bill in the Ontario legislature that would prohibit businesses from charging different prices for services based on gender (CTV). "It's odd to think that in 2005, discrimination of this type still exists in Canada," Berardinetti said, "[that] more than half the population…is discriminated against in several different areas."

May 2005
The New York City Council approved the "Women's Restroom Equity Bill" which required public facilities to have twice as many women's toilets as men's toilets. This bill replaced a 1984 law upholding a one-to-one ratio. "It's a women's rights accomplishment," said council member Yvette D. Clarke (D), the bill's chief sponsor, told the Washington Post. "It goes to the quality of life that we are able to enjoy in the city." States like Minnesota, Pennsylvania, Texas, and Washington have passed similar "restroom equity" laws.







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Comments

- Law
- posted on Sep 14, 07
PolishKnight

A few myths about ladies' night:

Myth 1) Ladies night benefits men since it brings in women that men are interested in seeing.

Reality: Most women customers are either going to come for the same reason as the baseball game: Because their husbands or boyfriends brought them along OR because their woman friends at work all want to go out as a group for cheap drinks.

Myth 2) Ladies night helps to address the male:female ratio at bars.

Reality: If a promotion is designed to bring in more women to make the men happy, then logically it would then bring in more men as well.

Myth 3) Men save money because they can buy the hot women drinks at half price.

Reality: Six and one-half-dozen of the other. The men pay more for regular drinks to keep the profit margins up AND there's no guarantee the women are hot or even available.

Conclusion: Pickup artists (I'm not one, but I know many and have seen them work) know to go to fancy or speciality bars (or places) where available women will NATURALLY want to go such as hotel bars or even shoe shops. (Sheesh, more hot women in there than all the ladies' night bars put together.)

- Law
- posted on Dec 17, 07
Thomas

Dont forget that women also get cheaper auto insurance to start out with at a young age. statistics show that young male drivers are more agressive, in all honesty I think this is a word they use to overstate the amount of accidents that young men have, but in reality I havent met one young female driver who I have felt safer in a car with, than a young male driver. It actually seems to be quite the opposite. Why isint this being considered a discrimination?

- Law
- posted on Dec 17, 07
Chris

Women complain about wages and everything you can think of. I think ladies night is a joke, every night is ladies night. Most of them have never paid for a drink in their life. or admission to get in. Women of this generation are garbage anyway. YES Garbage and whores, try and find one who hasn't slept with 50 guys.

- Law
- posted on Dec 17, 07

ok you are telling me whom is a woman that i cant pay half price but long time they have places where woman cant go so explain to how can this be

- Law
- posted on Dec 17, 07
Cher

Get over it! Every thing we do these days someone has to gripe about it. Can't we just all be happy that we are here in America enjoying freedom and Democracy. If you want to complain make your time worthy like feed the hungry or help the homeless!!

- Law
- posted on Dec 17, 07
GOLDIE

these days its mostly lesbians or
women only date women in clubs.
single men with no money can not
even talk to a women in a club unless
you buy her a drink or drink a gold
bottle. women don't respect nice guys.
Ladies Night, you think women act like
ladies in the bars or clubs these days
more like upscale night club hookers.

- Law
- posted on Dec 17, 07
Heather

Well all I have to say is, is that I haven't slept with 50 men. I'm not a whore. I also think that ladies night is a good thing. The last time I went into a bar, there was like 10 women at the most. The bars use it to attract more women so that men will spend more money and buy them drinks.

- Law
- posted on Dec 17, 07
Goldie

Thats a good point Thomas. why do men
have to pay more on car insurance.
i think men are way better drivers.
but yet we pay more on car insurance.
i think women should have to pay more.
they are horrible driver. always talk on their cell phones. or eating putting on lipstick.. but for the most i love women.

- Law
- posted on Dec 17, 07
George

I would not buy no women a drink in a bar
full price or half price. they don't respect a nice guy. there is no guarantee your
going to get some at end of night.
they should only let single women in clubs.
ban lesbians from night clubs. or man haters

- Law
- posted on Dec 17, 07
Tiki

SHUT UP and GET OVER IT!!!! It it wasnt for us ladies u guys wouldnt be here and thats probably how most of you got here because of "LADIES NIGHT".

- Law
- posted on Dec 17, 07
Jim

The guy suing is a complete moron. We had the same thing happen here, some guy sued over ladies nights, so the club changed its policy to skirt night, he tried suing again, but lost as the judge ruled if he really wanted free admission all he had to do is wear a skirt. But this does effect everything else then from senior discounts, to kids eat free. sounds like someone is a little bitter so he is going to ruin it for everyone else

- Law
- posted on Dec 17, 07
tea

people just have too much time on their hands....... their just looking for some quick money...

- Law
- posted on Dec 17, 07
Piero R

I personally believe that "Ladies' Nights" violate the equal protection clause of the 14th Amendmen and are discriminating against men. I believe the issue here is that people of the same age group are discriminated at 'Ladies' Nights' because of their Gender.


When I read declarations like this:

"Men are not discriminated against by "ladies' nights" at Manhattan nightclubs, just as people in their 20s do not suffer because some restaurants let children eat for free or have "early bird" specials for older customers, according to nightclub lawyers fighting a federal lawsuit. "

I would like to answer that Children are given free meals because of their AGE and not because of their GENDER, and I believe this is Ok. As it is Ok that Old customers have discounts, or that Children don't pay full prices on airline fares up to a certain age, for instance. Would you tolerate that a 2 years old boy could fly free and a 2 years old girl would have to pay Full price? (or the other way round?) Again, people may receive these discounts because of their ages and not because of their gender. People in their 20s or 30s or 40s(both male and female) may have more money than, let's say a 15 y old boy or girl , or have more money that an old retired person (male or female) so I believe it is ok to give some discounts to people that because of their ages could not afford to, say go to the cinema or eat. ( a differen issue would be let people pay MORE than the established price because of their ages. That some people get dicounts normally happens when you pay the BUS ticket. Retired people pay less regardless of their gender.
P.R.


- Law
- posted on Dec 17, 07
V L SILVA

I THINK THAT IF THEY WANT TO HAVE LADIES NIGHTS THAN THEY SHOULD BUT IN ORDER TO KEEP IT FAIR WHY NOT HAVE A GENTLEMAN'S NIGHT AS WELL.

- Law
- posted on Dec 17, 07
Luis

Althoug the "Ladies Night" idea has been a good one for a long time now, it doeas present unequal treatment. For example, clubs use the "Ladies Night" to attract more customers, wich is a good strategy, however, should us men have to pay full price for covercharge, drinks and everything else because our gender?. At the same time, for how long have women felt discrimination or unequal treatmen?. Is an issue that will bring so many questions and not enough answers.

- Law
- posted on Dec 17, 07
Shevy

Fact: There is more women then men.

Fact: Men have a higher salary than women.

Tradition: When on a date the man pays.

Ladies Night Out: Women get in 1/2 off and pays for drinks 1/2 off. If a man shows up for ladies night than he should pay regular price.

Free before 10pm: If you show up before 10pm then your in for free if you come in after then you have to pay.

VIP: If you pay double you don't have to stand in line.

Marketing: It is targeted and segmented for specific people (Gender, age, and Ethnicity).

Though some can be ethically wrong ex:liquor stores, shoes, urban wear in city neighborhoods of less then median incomes.
It is not against the law.

People all the time advertise to make profit. Its who they advertise to at that time who benefits and you can choose to be there if you want to but if your not the target then you got to pay. That's how I see it.

- Law
- posted on Dec 17, 07
cfo kmusa

What about individuals who have hermaphrodism; as extreme as it is? I'd also like to see the catholic church answer that one as it applies to priesthood.

It's been argued the intentions are to pull in business from certain segments of the population. Now what if we extended that position to lower housing prices to certain genders, oh or maybe ethnic groups. The slipper slope of this argument becomes more distasteful the more you drink it in.

- Law
- posted on Dec 17, 07
Piero R

"V L SILVA said:
I THINK THAT IF THEY WANT TO HAVE LADIES NIGHTS THAN THEY SHOULD BUT IN ORDER TO KEEP IT FAIR WHY NOT HAVE A GENTLEMAN'S NIGHT AS WELL."

This is a total distortion. Gentlemans' Nights would be discriminating against women because of their gender. The very same things that is happening now with Ladies Nights that discriminate men.

And to answer to Tiki: we are here because we feel that Ladies Nights are a gender discrimination.

- Law
- posted on Dec 17, 07
Casey

wow.. it kinda makes sence but serously calm down its not some thing that you should get all up set about!

- Law
- posted on Dec 17, 07
Johanna

Well, there are a few women out there who appreciate a nice guy, and I am happy to be one of them. Not all women are garbage and whores. Someone once told me there is no such thing as a man who hates women. Well, there's proof right there. To make a generalization about anyone whether it's about their race, sex, religion or anything else is narrow and indeed hateful. I do not attend Ladies' Night anywhere, and even if I did, you can be assured I pay for my own drinks. I have NEVER let a man pay for a drink unless I were out on a date with him. These ridiculous battle of the sexes debates are nothing but vicious cycles that move us nowhere. I respect men who respect me and that's the end of it. Why don't we all start moving forward as a human race for a change?

- Law
- posted on Dec 17, 07

Why should men want to spend more money. I thought this new generation wanted everything equal. You want to make the same amount of money that a man does. You want to vote like a man does. Then you can pay for drinks at full price, like guys do. I believe that most women (not all) want to be treated as equals to men. This is not a step to take to create that atmosphere(ladies night). You want to be treated as equals (i know i repeated) in everything. But you want the guy to buy drinks, buy dinner, buy random gifts. I dont see a lot of women doing this.

Also ladies, is it me or does Ladies Night have suggested defintion of possibly looking at women like they are a piece of meat. And you dont want that, do you?

- Law
- posted on Dec 17, 07
Shevy

Goldie,
The insurance company sees it as a higher risk due to factual data. How often do you see a women race in a car or better yet hook up her car. Really I don't think it is about driving. I believe it is about stealing. The odds of a mans car to be stolen is alot higher. Who really has to pay.. The insurance company. Women don't have to have rims or candy pain jobs or better yet a musle car. Think about it really.

- Law
- posted on Dec 17, 07
Ron Jackson

I am sick of always hearing about womens rights, womens health, womens needs, how mistreated women are in the work place. This again we can all thank that wonderful man Dr. Spock who started all this crap--I work hard everyday, I pay taxes, I pay full price for a car wash--why should a person just because they are a woman get 1/2 price anything, and why should they be entitled to their own gym (Shape's) maybe when i work out i dont want to feel undue pressure by the opposite sex, but i dont get that choice--Women Do--YOu know girls quit bitchin and enjoy life--you already rule the world what more do you wont--

- Law
- posted on Dec 17, 07
Seth Maher

This is taking equal rights to extremes. The next thing will be the pricing of Movie Theater Tickets based on age or time of day. Then the Senior Citizen discounts on the buses and Metro in DC will be declared unconstitutional. And don't forget that some states allow the elderly to have free hunting licenses and allow children to fish without a license. The their is the difference in the cost of men's and women's clothing. Womens clothes are normally more expensive but they also have better sales with bigger discounts, that discriminates against both sexes. Then there is the issue that there are more stores devoted to womens clothing and larger sections of department stores are devoted to women's clothing. And it appears ok to have gay bars but not straight bars. Then there are bikers bars but no minivan bars. And how can we allow people to have Italian restaurants that don't offer Irish stew. Oh, the unfairness and inequity of life. And finally, women live longer then men. What can we do to solve that unconstitutional problem?

- Law
- posted on Dec 17, 07
Claire

This is one of the most ridiculous articles I have ever read. Honestly, lawyers will try make money off of anything these days. Let us ladies have a "ladies night" every so often. There are more dangerous aspects of society to worry about. One more thing. Wasn't it proven that men usually have higher salaries compared to women in the work place? If so, these higher paid men should be able to afford to pay more then women one night a week or however often people attend "ladies night."
~Happy Holiday~

- Law
- posted on Dec 17, 07
Shevy

I agree that in some ways that ladies night out can be interpreted as peices of meat. So can CD's and songs. Freedom of speech. Men don't buy a womens CD if she is not HOT. Men buy other mens CDs even if he is butt ugly. They don't really listen to music now adays they look at what they have. (Sex sells)

- Law
- posted on Dec 17, 07
Gnel

I agree with TEA!

- Law
- posted on Dec 17, 07
Charles

Lets see here charging less to women for the same services is not discrimatory? This argument would jeopadize "Early Bird" discounts to elderly, & "children"?
These discounts are gender neutral.

The other argument put forth by the women lawyers defending continuance of "ladies night" is "men might not want to visit the clubs if they fail to attract enough women" yet Feminist lawyers have attacked all men clubs for excluding women. Would Feminist lawyers fight for clubs that discourage women from coming to clubs by charging them more for drinks?

The other argument is ""Under this theory, male customers may actually benefit from ladies' nights in other ways and be encouraged to attend the club on those nights," Funny if a man stated this same thing Feminist lawyers would say this was a sexist statement

The other argument was " The price charged to men is not so burdensome that it amounts to denying them entry" So a man making minimum wage is on par with a woman making $200,000 per year? Men can easily afford to pay more even if they make less?

It's discrimatory and those who scream about equal rights the most seem to defend the continuance of discrimination.

- Law
- posted on Dec 17, 07
Raymond Halsey

There are so many inequalities in the world to concern ourselves with.True women and minorities alike have been discriminated against in the past and still Today.Using that logic I submit every man woman and child of every ethnicity, religious affilition,sexual orientation or gender preferance has been discriminated against at some or often times in our lives.That being said it is myopinion that the only way to obtain equality is to treat each individual the same regardless of age,gender,ethnicity,or ageda.Wether it be thru discriminitory or preferrential treatment.
How about we focus on some real discriminatory practices like ,I don't know. Affirmative action, Hate Law legislation,Lending practices wich insure that those citizens with the least pay the most for their necessaties for some local examples.Globally we might consider ethnic and religious CLEANSING (new word for murder and opression),border intrusion (wich causes severe damage to ANY Countries soveranty, financial stability, and social/politicalpolicies. Wich could , by the way lead to something like, lets say ETHNIC CLEANSING
Maybe Mr. Roy Hollander would better serve humanity by doing less clubbing and expressing his moral and legal outrage adressing some of the real issues of the day.

- Law
- posted on Dec 17, 07
Shevy

Ha Ha.. Raymond I agree.

- Law
- posted on Dec 17, 07
Frank R.

Everyone knows that there are differences and inequalities between men and women. Who cares if women get into a bar, club, or other venue free of charge or at a discounted rate? Who cares if women get free drinks or discounted drinks? Men are supposed to pay for dates anyway. Men who complain about women not paying for something are oblivious to the reality that men are supposed to pay for things. There are plenty of housewives who don't get paid for housekeeping and child rearing. So what if they get a few menial perks like free or discounted admission or free or discounted drinks? Men who complain about women not paying for things need to grow up.

- Law
- posted on Dec 17, 07

I agree. Men do pay for stuff on dates. I am from the old school way.

- Law
- posted on Dec 17, 07

The Argument that this will/may cause problems with the discounts at restaraunts for children and/or seniors is FAULTY! FAULTY! FAULTY!!
A person that can patronize a bar (over 21) Has Been a child and hhad the opportunitty to benifit from the discount: And normally has the option to have children, either biological or adopted, again having the option to benifit from the discount. Finally, an average adult has the normal expectancy of reaching retirement age and qualiffying for the seniors discount.
PLEASE tell us when, and under what circumstances, a male can expect to become female (or a female, male) without resorting to surgery?!

- Law
- posted on Dec 17, 07
Duckman

You all have to find other things in your life to fullfill your poor pathetic obessions over nothing. Do something, anything that will be worthwhile. Sorry I stumbled into this wasteland.

- Law
- posted on Dec 17, 07
Pookie

My God Chris, don't be hatin' the women...
Not "every" woman is a whore...You either have had some realy bad experiences, or no experiences at all. There are women out there who are great looking, have fantastic personalties, and pay their own way...I should know, I am one.

- Law
- posted on Dec 17, 07
tombmaster_2000

i think this is right on . women always cry that they are equals i would like to see this extended across the board . the military lets them do different pushups and dont require them to run as fast . i sure the enemy troops would give women a head start because they dont run as fast . women want to be equal then be equal all around . i think men should start baning clubs that sponser ladies night let them fel the loss in thier pockets

- Law
- posted on Dec 17, 07
Cardan Betha

i used to work in a night club and when they had ladies night, most times the woman didn't even show up. you would just have a bunch of guys standing around waiting to see when the females show up. lots of bars, clubs, strip clubs, have ladies night and end up having no females show at all, they don'y even take advantage of it, so why have it. they just need to stick with happy hour for everyone and let things continue as they were.

- Law
- posted on Dec 17, 07
tph

I'm a woman 37 years old who has not slept
with more then 20 guys so what kind of woman you are picking up,besides the only reason most men buy drinks is to see if we will go home with them. I bet the only men complaining are the cheap ones

- Law
- posted on Dec 17, 07
marsha

this is ridiculious! why do men always have to have things their way? when bars/clubs do these type of promotions, it is just that a promotion to get people to come to their establishment.men need to stop acting like the "female dog" and stop crying when they can't have their way.

- Law
- posted on Dec 17, 07
Troy

It's discrimination!! It doesn't matter what the logic is for the discount offered to one sex over the other. If you want to have "Ladies Night" fine, just add a couple of words, "Single Available Ladies Night," keep the cheap married or involved ones out or the "safety pack" with 1 nice single girl and 5 fat ugly resentful friends. You do know when you pay the elevated cover and higher drink prices, you are really paying for all the ladies drinks that night. With this in mind, if your paying for every present woman's drink, they best be at least single.

- Law
- posted on Dec 17, 07
Tom

Is Ladies Night Fair? Let's answer that with other questions:
1) Should there be equal pay?
2) Should there be glass ceilings?
3) Should men's and woman's garments cost the same to clean at the cleaners?

So, if your going to the same bar, drinking the same drinks, listening to the same band/ music, it really is taking advantage of one sex to benefit the other.

- Law
- posted on Dec 17, 07
wired_flesh

if your coffee is to hot, put ice in it, if your chili has a finger in it, pull it out, and if by some means there are too many ladies getting sloshed on ladies night at your favortie bar, go to a damned pub instead....nuff said!!!

- Law
- posted on Dec 17, 07
Karey

As a woman driving around with men I've often observed that while men drive like total jackasses, they simultaneously think they're wonderful drivers. Therefore anecdotal evidence on how you think men drive great and women are terrible is not much proof of unfair discrimination. Auto insurance companies have the data on who causes more costly damage, if it were women they'd charge women more. They will do anything to justify higher prices. They're a business and the profits don't lie. Unless you're gonna tell me that the insurance companies are ruled by female CEO's with a conspiracy, this claim makes no sense.

- Law
- posted on Feb 21, 08
Steve Horner

Ladies'night is illegal.I was recently awarded monetary damages against two separate Denver nightclubs,in two separate Denver County courtrooms,in front of two separate Denver County judges.Now,I fully understand that the poor "oppressed and disadvantaged" in this country might not like the notion that what's good for the goose is good for the gander,but it's that spotlight of hypocrisy which makes ladies'night a super hot-button issue and my standing up for my civil rights has pissed off millions.Now it's off to district court where the really big bucks are.Steve Horner from stevehornerbooks.com

- Law
- posted on Feb 16, 09
Charles

Mention was made of Skirt Night. Feb 7 last I wore a "fustanella," which in Greece is a skirt definitely worn by MEN, like the Scots and the kilt. Only this item is more dramatic. So while at this event at SMU in Dallas I had a woman on the way out grab my skirt by the hem and play with it as she rushed past. I liked the attention, but if I do that with a woman I don't know I am likely in trouble. Another double standard. Women who don't want to be looked at in public should wear an Arabic veil otherwise don't act resentful if you get scoped out.

- Law
- posted on Aug 02, 10
davey

It is now 2010 and they are just getting ready to start talking about making ladies night illegal in FL and the rest of the country. They even have some congressmen involved now.
I guess they have gotten enough complaints from men.
Here in Orlando, FL, most bars let women in FREE and let them drink most of the night free to. But men have to pay $10 cover and pay full price for drinks! It is unfair, reverse-discrimination and Bull S**t!

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