Wednesday, September 1, 2010

The wheels of justice and Ladies' Nights

A year ago today I blogged about a lawyer who objected to differential pricing for the two sides of a matching market: he didn't like "ladies' nights" at bars, and brought suit to end them.

Today, over at the Volokh Conspiracy, chief conspirator Eugene Volokh points us to the resolution of the case, which was rejected by the district court, and has now been confirmed on appeal to the Second Circuit. Here's the court's opinion.

The opinion begins "The facts of the case are straightforward. During “Ladies’ Nights,” several New York City nightclubs (“Nightclubs”) charge males more for admission than females or give males less time than females to enter the Nightclubs for a reduced price or for free. Den Hollander, who was admitted to the Nightclubs under this admission regime, attributes these pernicious “Ladies’ Nights” to “40 years of lobbying and intimidation, [by] the special interest group called ‘Feminism’ [which] has succeed in creating a customary practice . . . of invidious discrimination of men.” Den Hollander filed suit, on behalf of himself and others like him, alleging violation of his equal protection rights pursuant to 42 U.S.C. § 1983."

As it happens, the case doesn't depend on any economic arguments, but on the fact that nightclubs aren't state actors...

1 comment:

michael webster said...

I litigated a case like this in California, which turned out to have the exact opposite result.