法律英语：41 Is Ladies Night Legal?

by Adam Freedman

Today’s topic: Is “Ladies' Night” legal?
My readers never cease to amaze me. Michael writes in to say, “I don’t understand why bars and clubs get away with ‘Ladies' Night’ where females receive discounted admission and drinks based on their gender¹.”  Doesn’t that violate the Constitution, he asks.
The short answer is: Is nothing sacred, Michael? Actually, the answer is that Ladies' Night promotions³ have been found to violate a number of state laws, but the status of such events under the US Constitution is still unclear.
Before I go any further, I’m happy to tell you that this article is brought to you by Carbonite Pro². For a free trial and to learn more, visit CarbonitePro.com.

Back to the issue.
Is Ladies' Night Legal?
First, let’s look at the constitutionality of Ladies Night promotions. The Fourteenth Amendment⁴ to the Constitution guarantees “equal protection of the laws” to each and every citizen.  Using this provision--known as the Equal Protection Clause--the Supreme⁵ Court has struck down laws that discriminate⁶ on the basis of sex. In 1976, for example, the Court ruled that an Oklahoma law establishing a younger drinking age for women than men was unconstitutional.
But the Fourteenth Amendment only prohibits states from discriminating--it usually doesn’t apply to private businesses or individuals. To find a violation⁷ of the Fourteenth Amendment, you have to be able to show that the discrimination was perpetrated by a so-called “state actor,” and private bars clearly aren’t state actors.
Is a Bar a “State Actor?”
Or are they?  In 1970, a New York district court held that McSorley’s Old Ale House, a bar in downtown Manhattan, was a “state actor” because bars are so heavily regulated by the state. As a result, the Court said that McSorley’s violated the Fourteenth Amendment by refusing to serve women at all.
Relying on the McSorley’s case, a male New York lawyer sued a number of nightclubs in 2007, alleging⁸ that the clubs were violating his Fourteenth Amendment rights with their Ladies Night promotions. But the district judge tossed out the case, holding that private bars are not “state actors,” and saying that the McSorley’s case was a special exception. This case is currently on appeal to the Second Circuit court of appeals but – for now at least – no federal court has held Ladies Night to be unconstitutional.
Is Ladies' Night Legal in All States?
But ladies, before you dash off to the tiki lounge for a cheap daiquiri, you might want to check local laws--Ladies' Night could be a no-no in your area.
Before I get to the specifics, a quick reminder⁹ that this article is brought to you by Carbonite Pro: the simple, secure, and affordable¹⁰ online backup for your small business. For a free trial and to learn more, go to CarbonitePro.com.

Courts and administrative¹¹ panels in a number of states have held that giving gender-specific discounts for goods or services violates state civil rights legislation.  In one California case, a man successfully challenged a local car wash that offered discounts to women.  Courts in Iowa, Florida, and Pennsylvania have reached similar conclusions. And New York City even has an ordinance¹² prohibiting hair salons¹³ and dry cleaners from charging men and women different prices.
Is Ladies' Night Discrimination Against Men?
The principles of anti-discrimination have been applied¹⁴ to Ladies' Night.  In 2004, New Jersey’s Director of Civil Rights issued a ruling that Ladies' Night violated that state’s Law Against Discrimination (or LAD, as it’s known--really!).  That decision caused such an uproar--even the Governor denounced it--that the state legislature voted to overturn the ruling and declare Ladies' Night to be legal in the Garden State.
In 2008, the Colorado Civil Rights Commission held that Ladies Night promotions are an “illegal practice,” and urged all public establishments to “cease and desist” such promotions. The specific issue in that case was the discounted admissions for females at Colorado Rockies baseball games, but the Commission’s rationale applies equally to bars and nightclubs.
In some of these cases, business owners have argued that Ladies Night promotions do not reflect any hostility¹⁵ toward men. To the contrary, they say, Ladies Night promotions are meant to attract men with the prospect¹⁶ of mingling¹⁷ with women--for whom they can buy drinks (at discounted prices). But the legal test for discrimination is an objective one; it doesn’t matter whether the perpetrator is motivated by animosity toward the victim.
Businesses have also tried to raise a so-called “de minimis” defense¹⁸; in other words, they have tried to show that Ladies' Night is too trivial to constitute illegal discrimination. But civil rights laws generally do not contain any de minimis exception, so those arguments haven’t worked either.
How to Have a Legal Ladies' Night
If you’re a business owner, all is not lost. Even in states where Ladies' Night has come under fire, businesses have come up with creative solutions. In Colorado, for example, one club replaced Ladies' Night with “Lipstick¹⁹ Thursdays” where discounts are offered to everyone--male and female--who happens to be wearing lipstick.
If you’re a man, and you feel aggrieved²⁰ or injured by Ladies' Night promotions, you might want to consider simply picking a different bar to hang out at.  Or if you’re the litigious sort, you can consult a civil rights attorney in your state to determine whether you have a valid²¹ complaint. But remember, even if you win your lawsuit²², you might need to invest in some lipstick to get your discounted drinks.  Bottoms up!
Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful²³ Life.
You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this article only.

 

1 gender   

n.（生理上的）性，（名词、代词等的）性

参考例句：

• French differs from English in having gender for all nouns.法语不同于英语，所有的名词都有性。
• Women are sometimes denied opportunities solely because of their gender.妇女有时仅仅因为性别而无法获得种种机会。

2 pro   

n.赞成，赞成的意见，赞成者

参考例句：

• The two debating teams argued the question pro and con.辩论的两组从赞成与反对两方面辩这一问题。
• Are you pro or con nuclear disarmament?你是赞成还是反对核裁军？

3 promotions   

促进( promotion的名词复数 )； 提升； 推广； 宣传

参考例句：

• All services or promotions must have an appeal and wide application. 所有服务或促销工作都必须具有吸引力和广泛的适用性。
• He promptly directed the highest promotions and decorations for General MacArthur. 他授予麦克阿瑟将军以最高的官阶和勋奖。

4 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

5 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

6 discriminate   

v.区别，辨别，区分；有区别地对待

参考例句：

• You must learn to discriminate between facts and opinions.你必须学会把事实和看法区分出来。
• They can discriminate hundreds of colours.他们能分辨上百种颜色。

7 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

8 alleging   

断言，宣称，辩解( allege的现在分词 )

参考例句：

• His reputation was blemished by a newspaper article alleging he'd evaded his taxes. 由于报上一篇文章声称他曾逃税，他的名誉受到损害。
• This our Peeress declined as unnecessary, alleging that her cousin Thornhill's recommendation would be sufficient. 那位贵人不肯，还说不必，只要有她老表唐希尔保荐就够了。

9 reminder   

n.提醒物，纪念品；暗示，提示

参考例句：

• I have had another reminder from the library.我又收到图书馆的催还单。
• It always took a final reminder to get her to pay her share of the rent.总是得发给她一份最后催缴通知，她才付应该交的房租。

10 affordable   

adj.支付得起的，不太昂贵的

参考例句：

• The rent for the four-roomed house is affordable.四居室房屋的房租付得起。
• There are few affordable apartments in big cities.在大城市中没有几所公寓是便宜的。

11 administrative   

adj.行政的，管理的

参考例句：

• The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
• He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

12 ordinance   

n.法令；条令；条例

参考例句：

• The Ordinance of 1785 provided the first land grants for educational purposes.1785年法案为教育目的提供了第一批土地。
• The city passed an ordinance compelling all outdoor lighting to be switched off at 9.00 PM.该市通过一条法令强令晚上九点关闭一切室外照明。

13 salons   

n.（营业性质的）店( salon的名词复数 )；厅；沙龙（旧时在上流社会女主人家的例行聚会或聚会场所）；（大宅中的）客厅

参考例句：

• He used to attend to his literary salons. 他过去常常去参加他的文学沙龙。 来自《简明英汉词典》
• Conspiracy theories about Jewish financiers were the talk of Paris salons. 犹太金融家阴谋论成为巴黎沙龙的话题。 来自互联网

14 applied   

adj.应用的；v.应用，适用

参考例句：

• She plans to take a course in applied linguistics.她打算学习应用语言学课程。
• This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

15 hostility   

n.敌对，敌意；抵制［pl.］交战，战争

参考例句：

• There is open hostility between the two leaders.两位领导人表现出公开的敌意。
• His hostility to your plan is well known.他对你的计划所持的敌意是众所周知的。

16 prospect   

n.前景，前途；景色，视野

参考例句：

• This state of things holds out a cheerful prospect.事态呈现出可喜的前景。
• The prospect became more evident.前景变得更加明朗了。

17 mingling   

adj.混合的

参考例句：

• There was a spring of bitterness mingling with that fountain of sweets. 在这个甜蜜的源泉中间，已经掺和进苦涩的山水了。
• The mingling of inconsequence belongs to us all. 这场矛盾混和物是我们大家所共有的。

18 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

19 lipstick   

n.口红，唇膏

参考例句：

• Taking out her lipstick,she began to paint her lips.她拿出口红，开始往嘴唇上抹。
• Lipstick and hair conditioner are cosmetics.口红和护发素都是化妆品。

20 aggrieved   

adj.愤愤不平的，受委屈的；悲痛的；（在合法权利方面）受侵害的v.令委屈，令苦恼，侵害( aggrieve的过去式)；令委屈，令苦恼，侵害( aggrieve的过去式和过去分词)

参考例句：

• He felt aggrieved at not being chosen for the team. 他因没被选到队里感到愤愤不平。 来自《简明英汉词典》
• She is the aggrieved person whose fiance&1& did not show up for their wedding. 她很委屈，她的未婚夫未出现在他们的婚礼上。 来自《简明英汉词典》

21 valid   

adj.有确实根据的；有效的；正当的，合法的

参考例句：

• His claim to own the house is valid.他主张对此屋的所有权有效。
• Do you have valid reasons for your absence?你的缺席有正当理由吗？

22 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

23 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。