Suit claiming Ladies’ Nights at bars are unconstitutional…

by Walter Olson on September 8, 2010

…goes down in flames [Atlantic Wire] We’ve met the litigant before, and it is worth noting that statute-based challenges to Ladies’ Night discounts remain (unfortunately) alive and well in at least some states.

{ 8 comments }

1 mojo 09.08.10 at 3:28 pm

Everybody needs a hobby, I suppose.

2 J.T. Wenting 09.09.10 at 1:11 am

I’d not call them unconstitutional, but isn’t there equal rights legislation barring discrimination based on sex?
I’m sure if I organised a “guys night” to mimmick “ladies night” I’d be slapped with lawsuits and not a single court would dismiss them (I’m sure because it’s happened many times, though never to me as I don’t organise such things…).

3 wfjag 09.09.10 at 7:45 am

“I’m sure if I organised a ‘guys night’” — you’d end up meeting Village People fans.

4 gitarcarver 09.09.10 at 10:35 am

I’d not call them unconstitutional, but isn’t there equal rights legislation barring discrimination based on sex?

Or what if your prices for a service or product were based on the race of individuals?

People would accept that, right?

5 Richard Nieporent 09.09.10 at 1:27 pm

You do realize that Ladies Night is done for the benefit of the men, don’t you? The idea is to attract more women into the bar so that the men will be able to meet/date these women. In other words, the men want the bar to have a Ladies Night.

6 gitarcarver 09.09.10 at 3:11 pm

Richard,

I believe that “Ladies Night” is actually done for the benefit of the business, but I agree with what you are saying.

There is a benefit to the customers as well as the business. It is a promotional choice that the business makes to have such an event.

The reason why the suit is brought (I hope) is to show the fallacy and idiocy of government intervention into almost every choice a business makes. If the government is going to scream at every real or perceived case of “discrimination,” they have to scream at this one as well.

If a bar charged little green men from Mars one price, and little green men from Pluto another price for the same service, the government would step in.

It is not about the government stepping into this decision. For me, it is about the government stepping out of other business decisions.

7 Richard Nieporent 09.10.10 at 8:24 am

You are correct Gitarcarver. The bar is not having a Ladies Night out of altruism but to increase their business. However, this does have the effect of benefitting the men. I also agree with your point that government should not get involved in these types of business decisions. This forced “equality” demonstrates the idiocy and mindlessness of such laws. The government is going to make us all equal even if this equality harms us. Once government gets involved we all suffer.

8 Jack Wilson 09.10.10 at 9:24 am

Gitarcarver:’Or what if your prices for a service or product were based on the race of individuals?
People would accept that, right?’

It’s accepted when it’s called affirmative action.

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