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Lawsuits

Offering exclusive specials to only women is drawing scrutiny

Issue date: 1/14/08 Section: Editorial
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The following editorial appeared in the Chicago Tribune on Monday, Jan. 7:



In May 2005, the Los Angeles Angels of Anaheim passed out free red nylon tote bags to female fans over age 18, in honor of Mother's Day. Michael Cohn didn't get one. So he hired San Diego attorney Alfred Rava, who was still upset about being denied a reversible bucket hat in an Oakland A's Mother's Day promotion the year before, and they sued. In 2006, the Angels celebrated Mother's Day by giving free tote bags to the first 25,000 fans, regardless of gender. Nice going, guys.

All over America, businesses are plying women with special offers: reduced memberships at gyms, discounts on carwashes and lube jobs, shorter lines, no cover and cheap drinks at "ladies' night" events. One Las Vegas casino offers free champagne all night to "ladies dressed in schoolgirl outfits." These deals aren't available to men, regardless of their willingness to dress in schoolgirl outfits. And the lawsuits are flying.

Judges in California, Iowa, Colorado and Pennsylvania have ruled that "ladies" discounts are illegal because they discriminate against men. A dozen states have laws specifically forbidding single-sex promotions. In Illinois and Washington, though, courts have ruled that they're a permissible means of attracting customers.

A Manhattan attorney suing six New York nightspots wants a federal court to shut down ladies' nights there. A lawyer representing one of the clubs says ladies' night isn't gender-based discrimination any more than kids-eat-free promotions are age-based discrimination an argument that seems to make the plaintiff's case, if you ask us.

The campaign to stamp out such injustices is self-defeating at best. If a judge tells New York nightclub owners they can't charge men a $10 cover while admitting women for free, they're not likely to right that wrong by letting the men in free too. No, it will be $10 for everyone, and the guys will be sitting around paying full price for their drinks and wondering where all the women went.
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