Ladies' Night
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A ladies' night is a promotional event, often at a bar or
nightclub A nightclub or dance club is a club that is open at night, usually for drinking, dancing and other entertainment. Nightclubs often have a Bar (establishment), bar and discotheque (usually simply known as disco) with a dance floor, laser lighti ...
, where female patrons pay less than male patrons for the
cover charge A cover charge is an entrance fee sometimes charged at bars, nightclubs, or restaurants. The ''American Heritage Dictionary'' defines it as a "fixed amount added to the bill at a nightclub or restaurant for entertainment or service." In restaura ...
or
alcoholic beverage Drinks containing alcohol (drug), alcohol are typically divided into three classes—beers, wines, and Distilled beverage, spirits—with alcohol content typically between 3% and 50%. Drinks with less than 0.5% are sometimes considered Non-al ...
s. In the United States, state courts in
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
,
Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
,
Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...
and
Wisconsin Wisconsin ( ) is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest of the United States. It borders Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michig ...
have ruled that ladies' night discounts are unlawful gender-based price discrimination under state or local statutes. However, courts in
Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...
,
Minnesota Minnesota ( ) is a U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the so ...
, and
Washington Washington most commonly refers to: * George Washington (1732–1799), the first president of the United States * Washington (state), a state in the Pacific Northwest of the United States * Washington, D.C., the capital of the United States ** A ...
have rejected a variety of challenges to such discounts.


Health concerns

Ladies' nights that promote discounts on alcoholic beverages may lead to increased
binge drinking Binge drinking, or heavy episodic drinking, is drinking alcoholic beverages with an intention of becoming intoxicated by heavy consumption of alcohol over a short period of time, but definitions vary considerably. Binge drinking is a style of ...
, which can be a safety and health hazard.


Legality in the United States


Federal law

Claims against ladies' nights under the
Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
of the
Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States ...
have failed under the state action doctrine. Similar actions have failed under the
Civil Rights Act of 1871 The Enforcement Act of 1871 (), also known as the Ku Klux Klan Act, Third Enforcement Act, Third Ku Klux Klan Act, Civil Rights Act of 1871, or Force Act of 1871, is an Act of the United States Congress that was intended to combat the paramilit ...
(42 U.S.C. § 1983). However, ladies' nights may have federal tax implications. Federal claims were also involved in the unsuccessful challenge in Washington (''see below'').


California

The
California Supreme Court The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sac ...
has ruled that ladies' days at a
car wash A car wash, or auto wash, is a facility used to clean the exterior, and in some cases the interior, of motor vehicle, cars. Car washes can be #Self-serve car wash, self-service, full-service (with attendants who wash the vehicle), or #Autom ...
and ladies' nights at a
nightclub A nightclub or dance club is a club that is open at night, usually for drinking, dancing and other entertainment. Nightclubs often have a Bar (establishment), bar and discotheque (usually simply known as disco) with a dance floor, laser lighti ...
violate California's
Unruh Civil Rights Act The Unruh Civil Rights Act (colloquially the "Unruh Act") is an expansive 1959 California law that prohibits California businesses from engaging in unlawful discrimination against all persons (consumers) within California's jurisdiction, where the ...
in ''Koire v Metro Car Wash'' (1985)''Koire v Metro Car Wash'', 707 P.2d 195 (CA 1985). and ''Angelucci v. Century Supper Club'' (2007).''Angelucci v. Century Supper Club'', 158 P.3d 718 (CA 2007). The Unruh Act provides: "All persons within the jurisdiction of this state are free and equal, and no matter what their sex ..are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever .." The court considered the statutory defense that the promotions serve "substantial business and social purposes", but concluded that merely being profitable is not a sufficient defense. The court accused the Wisconsin Supreme Court of "sexual stereotyping" for upholding a similar practice. Koire held that: "Public policy in California strongly supports eradication of discrimination based on sex. The Unruh Act expressly prohibits sex discrimination by business enterprises." Koire concluded: :"The legality of sex-based price discounts cannot depend on the subjective value judgments about which types of sex-based distinctions are important or harmful. The express language of the Unruh Act provides a clear and objective standard by which to determine the legality of the practices at issue. The Legislature has clearly stated that business establishments must provide "equal . . . advantages . . . ndprivileges" to all customers "no matter what their sex." (§ 51.) Strong public policy supports application of the Act in this case. The defendants have advanced no convincing argument that this court should carve out a judicial exception for their sex-based price discounts. The straightforward proscription of the Act should be respected." Subsequent to the decision, California passed the Gender Tax Repeal Act of 1995, which specifically prohibits differential pricing based solely on a customer's gender.Eric D. Hone and Franchesca Van Buren, "Is the Death Knell Ringing for Ladies' Nights?" ''Nevada Lawyer'' (March 2009). In Angelucci, the California Supreme Court ruled that discrimination victims did not have to ask the offending business to be treated equally in order to have standing to file an Unruh Act or Gender Tax Repeal Act claim. Courts have not found violations on the Unruh Act with discounts for which any customer could theoretically qualify for. The California Supreme Court opined: :"A multitude of promotional discounts come to mind which are clearly permissible under the Unruh Act. For example, a business establishment might offer reduced rates to all customers on one day each week. Or, a business might offer a discount to any customer who meets a condition which any patron could satisfy (e.g., presenting a coupon, or sporting a certain color shirt or a particular bumper sticker). In addition, nothing prevents a business from offering discounts for purchasing commodities in quantity, or for making advance reservations. The key is that the discounts must be “applicable alike to persons of every sex, color, race,
tc. TC, T.C., Tc, Tc, tc, tC, or .tc may refer to: Arts and entertainment Film and television * Theodore "T.C." Calvin, a character on the TV series '' Magnum, P.I.'' and its reboot * Tom Caron, American television host for New England Sports Netw ...
( § 51), instead of being contingent on some arbitrary, class-based generalization." The ''Koire'' precedent has not been extended to strike down
Mother's Day Mother's Day is a celebration honoring the mother of the family or individual, as well as motherhood, maternal bonds, and the influence of mothers in society. It is celebrated on different days in many parts of the world, most commonly in Mar ...
promotions. ''Koire'' was one of the precedents cited in the lower court (but not the state Supreme Court) in ''
In re Marriage Cases ''In re Marriage Cases'', 43 Cal. 4th 757 (Cal. 2008) was a California Supreme Court case where the court held that laws treating classes of persons differently based on sexual orientation should be subject to strict judicial scrutiny, and tha ...
''


Illinois

Ladies' nights in Illinois have been upheld under the anti-discrimination provision of the Dram Shop Act. The court determined that the discount was intended to encourage women to attend the bar in greater numbers, rather than to discourage attendance by males.


Maryland

Montgomery County's human relations law has been interpreted to not only prohibit ladies' nights, but also a "Skirt and Gown Night" where a customer is given a 50% discount for wearing a skirt or gown.''Peppin v. Woodside Delicatessen'', 506 A.2d 263 (MD App. 1986). The court noted that: "Against this superficially humorous backdrop, we must decide whether this seemingly innocuous business practice constitutes unlawful discrimination within the meaning of a county ordinance." The Montgomery County Code, Human Relations Law, § 27-9, prohibited: :" ..any distinction with respect to any person based on race, color, sex, marital status, religious creed, ancestry, national origin, handicap, or sexual orientation in connection with admission to, service or sales in, or price, quality or use of any facility or service of any place of public accommodation, resort or amusement in the county." The Maryland's appellate court's review was far from ''
de novo De novo (Latin, , used in English to mean 'from the beginning', 'anew') may refer to: Science and computers * ''De novo'' mutation, a new germline mutation not inherited from either parent * ''De novo'' protein design, the creation of a protei ...
'' and the court emphasized that: :"Although we believe the judge's findings to be contradicted by American cultural realities, we need not focus on the circuit court's determination; our review is that of the agency's conclusion based upon facts presented at the hearing. The record is replete with evidence that Skirt and Gown Night was intended to-and did-have the same effect and serve the same function as Ladies' Night, i.e. it provided price discounts to women and, in fact, operated as a mere extension of Ladies' Night." The court also stressed the peculiarity and strictness of the municipal ordinance it was interpreting: :"We believe the ordinance is unambiguous. Thus, while allowed to do so under the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States, we are not allowed under the Montgomery County Ordinance or the Maryland Constitution to engage in a balancing test."


Minnesota

Attempts by municipal governments to prevent ladies' nights have been struck down as ''
ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
''. In June 2010 the Minnesota Department of Human Rights said bars are discriminating against males by holding "ladies' night" promotions, but said it will not seek out bars that have a "ladies night."


Nevada

In 2008, the Nevada Equal Rights Commission ruled in favor of a man who claimed a local gym offering free memberships to women was discriminatory. The ruling is thought to have had wide ramifications for ladies' night promotions across the state. Although the question has not been litigated in Nevada courts, two Nevada attorneys advise: "for the time being, businesses should exercise caution in utilizing gender-based pricing scheme promotions. While the ability of a plaintiff to succeed on such a claim in district court remains unknown, NERC has the ability to pursue such claims on the administrative level. Therefore, businesses should engage in a cost-benefit analysis, keeping in mind that they might have to spend time and resources defending a sex discrimination charge in front of NERC or elsewhere."


New Jersey

In 2004, the director of New Jersey Department of Law and Public Safety Division of Civil rights ruled that ladies' night promotions constituted unlawful discrimination in violation of the state's Law Against Discrimination.


New York

The New York State Human Rights Appeal Board disapproved of a
New York Yankees The New York Yankees are an American professional baseball team based in the Boroughs of New York City, New York City borough of the Bronx. The Yankees compete in Major League Baseball (MLB) as a member club of the American League (AL) Am ...
"Ladies Day" promotion, which originated in 1876 as being "in a modern technological society where women and men are to be on equal footing as a matter of public policy."


Pennsylvania

Such promotions violate the Pennsylvania Human Relations Act as unlawful gender discrimination where male patrons are charged an entrance fee or a greater charge for drinks and female patrons are not charged an identical entrance fee or the same charge for drinks as male patrons. In ''Pennsylvania Liquor Control Board v. Dobrinoff'', the Commonwealth Court specifically found that where a female patron was exempt from a cover charge, a go-go bar engaged in unlawful gender discrimination. The Pennsylvania Liquor Control Board has stated as recently as 2009 that it will issue citations against establishments which charge patrons differing amounts based on gender.


Washington

Ladies' nights have been found not to violate state anti-discrimination law, or the federal constitution, by the
Washington Supreme Court The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington (state), Washington. The court is composed of a chief justice and eight associate justices. Members of the court are elected to six-year terms. ...
, even if held at a stadium owned by a city.''MacLean v. First Northwest Industries of America, Inc.'', 635 P.2d 683 (WA 1981). The Washington Supreme Court concluded that "the respondent has shown no discrimination against men as a class and no damage to himself. As a consequence he has no right of action under the state Law Against Discrimination. " In part, the court emphasized in its ruling evidence presented in the trial court that "women do not manifest the same interest in basketball that men do," and that the discount was only one of many discounts and promotions, the others available regardless of gender. Finally, the majority noted that "to decide important constitutional questions upon a complaint as sterile as this would be apt to erode public respect for the Equal Rights Amendment and deter rather than promote the serious goals for which it was adopted." The dissenting justices emphasized their broader interpretation of the applicable prohibition and the potential for such promotions to reinforce stereotypes. One dissenting justice proposed that the complainant be allowed no damages, but only that the practice be enjoined. The dissent concluded: :"It may be that application of the Equal Rights Amendment to the “promotional” activity of defendant is not the sort of thing the voters had in mind when they adopted HJR 61. Then again, an equally persuasive argument could be made that ticket price differentials based on sex were indeed one of a number of activities which they hoped to end. It is idle to speculate. No evidence of any kind exists. I see no escape from finding in this case that the plain language of Const. art. 31 proscribes the activity in which the defendants have engaged. Any further clarification of popular intent must come through the process of constitutional amendment, not by the imaginings of this court. Const. art. 23."


Wisconsin

The
Wisconsin Supreme Court The Wisconsin Supreme Court is the Supreme court, highest and final court of appeals in the state judicial system of the U.S. state of Wisconsin. In addition to hearing appeals of lower Wisconsin court decisions, the Wisconsin Supreme Court also ...
has held that such promotions violate the state's public accommodation law.''Novak v. Madison Motel Associates'', 525 N.W.2d 123 (Wis. App. 1994). The court noted that the text and
legislative history Legislative history includes any of various materials generated in the course of creating legislation, such as committee reports, analysis by legislative counsel, committee hearings, floor debates, and histories of actions taken. Legislative his ...
of the statute permitted no distinction between sex, race, and other forms of discrimination.


Legality in the United Kingdom

Although ladies' nights are prohibited by the
Equality and Human Rights Commission The Equality and Human Rights Commission (EHRC) is a non-departmental public body in Great Britain, established by the Equality Act 2006 with effect from 1 October 2007. The Commission has responsibility for the promotion and enforcement of e ...
in the United Kingdom as unlawful discrimination, some clubs reportedly flout the ban.


Legality in Hong Kong

Ladies' nights were deemed unlawful by the Hong Kong District Court.


See also

*
International Women's Collaboration Brew Day International Women's Collaboration Brew Day (IWCBD) is an annual event that takes place each year on International Women's Day (8 March). The event gathers women brewers around the world who brew a beer around that year's theme. It was establish ...
*
List of public house topics A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, but ...
* Gender-based price discrimination in the United States


References

{{Bartend Drinking culture Sales promotion Sexism Gender equality