Es leben die lächerlichsten US-Klagen der letzten Wochen: Lola can still get into the Copa for free. A federal appeals court this morning upheld „Ladies‘ Nights“ promotions at the Copacabana and other city nightclubs.
The Second Circuit Court of Appeals in Manhattan rejected claims by „anti-feminist lawyer“ Roy Den Hollander that charging men more for admission than women violates their civil rights.
A three-judge panel unanimously ruled that Hollander failed to prove that several popular nightspots — including China Club, Lotus and Sol — are subject to a law barring discrimination by anyone acting under government authority.
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Hollander alleged that the clubs „engage in state action“ because they sell booze pursuant to licenses issued by the state Liquor Authority.
„(W)ithout the draw of alcohol, his argument goes, the nightclubs would not be popular destinations and accordingly, would not be able to charge for admission,“ the judges ruled.
„Regardless of the veracity of this statement, we cannot agree that the state’s liquor licensing laws have caused the nightclubs to hold ‚Ladies‘ Nights;‘ liquor licenses are not directed related to the pricing scheme.“
The judges noted that Hollander „paints a picture of a bleak future, where ’none other than what’s left of the Wall Street moguls‘ will be able to afford to attend nightclubs.“
But because they agreed with a lower court ruling that Hollander „has failed to sufficiently allege state action, we must affirm.“
Hollander blasted the ruling, saying it will allow nightclubs to „discriminate against any group of persons by charging them more for admission than other groups.“
„It does not matter whether the nightclubs charge males or females or blacks or Latins or any other identifiable group more for admission—it is now constitutional,“ he said. „It’s either a decision driven by feminist ideology or the Second Circuit decided to punt the case to the U.S. Supreme Court.“