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Friday Evening OT: It's Ladies' Night


A ladies' night is a promotional event, often at a bar or nightclub, where female patrons pay less than male patrons for the cover charge or drinks. State courts in California,Maryland, Pennsylvania and Wisconsin have ruled that ladies' night discounts are unlawful gender discrimination under state or local statutes. However, courts in Illinois,Minnesota, and Washington have rejected a variety of challenges to such discounts.

Claims against ladies' nights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution have failed under the state action doctrine.[1]Similar actions have failed under the Civil Rights Act of 1871 (42 U.S.C. § 1983).[2][3] Ladies' nights may have federal tax implications, though.[4] Federal claims were also involved in the unsuccessful challenge in Washington (see below).

Cali Fighting the Good Fight

The California Supreme Court has ruled that ladies' days at a car wash and ladies' nights at a nightclub violate California's Unruh Civil Rights Act in Koire v Metro Car Wash(1985)[5] and Angelucci v. Century Supper Club (2007).[6] 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 [...]."[5] 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.[5]The court accused the Wisconsin Supreme Court of "sexual stereotyping" for upholding a similar practice.[5]