Lawyer Roy Den Hollander had claimed that charging men more for admission than women has violated the men’s civil rights. Oh no, it di-n’t, said the Second Circuit Court of Appeals in Manhattan today.
The three-judge panel unanimously ruled that Hollander failed to prove that several popular nightspots — such as the Copacabana, Lotus, China Club and Sol — are subject to a law barring discrimination by anyone acting under government authority. He had alleged that the clubs “engage in state action” because they sell alcohol under license from the New York State Liquor Authority.
Thin stuff, said the judges, noting that “Without the draw of alcohol, his argument goes, the nightclubs would not be popular destinations and accordingly, would not be able to charge for admission. 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 decision upheld an earlier lower court ruling against Hollander.
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