One lawyer thinks so, and he’s taken a number of New York City nightclubs to court.
Nightclubs often use lower fees and shorter lines to attract women, but a recent lawsuit claims that the practice is against the law . The class action, Hollander v. Copacabana Nightclub, 1:2007 CV 5873, against Manhattan nightclubs alleges that the establishments discriminate against men in their policies for admitting patrons and argues that the clubs’ admissions policies violate the 14th Amendment’s guarantee of equal protection under the law.
The plaintiff, New York attorney Roy Den Hollander, seeks a declaratory relief that would clarify whether these nightclubs’ policies consist of “state action” due to their regulation by New York’s Division of Alcoholic Beverage Control, and consequently are subject to liability pursuant to U.S. federal law, which allows a civil action for the deprivation of rights by persons acting under the color of law. Mr. Hollander understands that many events which discriminate against men are organized by hired promoters, but he argues that the promoters are agents of the establishments.
In addition to declaratory relief, the plaintiff seeks damages and an injunction banning the discriminatory admissions practices.
To support a finding that the nightclubs’ admission practices constitute “state action”, the suit relies on Seidenberg and DeCrow v. McSorleys’ Old Ale House, Inc., 317 F.Supp 593, a 1970 case that ruled that state action existed when the defendants refused to serve two women. Still, even armed with this precedent it is a tough case to prove because the alleged discrimination is against men and not women.
Mr. Hollander is seeking to be named class representative for all men charged more money or limited by stricter time constraints than women at these clubs over the last three years. To support his claim, he has e-mail advertisements for promotions held on the nights he attended these clubs that advertise discriminatory admittance policies for men versus women.
Courts have heard similar cases in the recent past. In early June, the California Supreme Court ruled against a nightclub that refused to provide men the “Ladies’ Night” discounts available to women. A 2004 New Jersey ruling held that “Ladies’ Nights” violated state discrimination laws, which resulted in the New Jersey legislature enacting legislation legalizing the practice.
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