A recent court decision in New Jersey has the fate of “Ladies’Night” promotions in question.
David Gillespie of Cherry Hill, N.J. filed a complaint againstthe local Coastline Restaurant, stating it was unfair for femalepatrons to be admitted free and receive discounted drink pricesduring “Ladies’ Night,” while men paid a $5 cover and normal drinkprices.
The New Jersey Division on Civil Rights decided the CoastlineRestaurant violated the New Jersey Law Against Discrimination.
The court granted its decision saying if a proprietor extendshis invitation to the public, all members of the public must betreated alike.
But women should not prepare to pay cover charges just yet.
Lee Moore, a spokesman for the Attorney General’s office in NewJersey, said the case has not yet resulted in a full fledgedban.
“This is one case involving one person who complained againstone bar,” Moore said. “If you own a bar in New Jersey that has aladies’ night promotion, no one is going to show up to padlock yourdoor.”
Moore said the case still must go before an administrative lawjudge to impose a penalty for the offending bar, as well as todecide if a full ban should take affect.
Moore also said the owner of the restaurant indicated heintended to appeal the decision. The appeal would put the casebefore a superior court in New Jersey.
New Jersey Gov. James E. McGreevey is taking a firm stanceagainst the current ruling.
McGreevey said in a statement, “This is bureaucratic nonsense.It is an overreaction that reflects a complete lack of common senseand good judgment.”
But New Jersey is not the first state to debate the legality ofLadies’ Night events.
Court documents for the New Jersey trial cited an Iowa SupremeCourt’s ruling in 1989 stating a race track denying free admissionto male customer on “Ladies’ Day” violated civil rights law.
California extended a ban to bars and car washes that offeredsex-based promotions in 1985.
Mary Roper, a special assistant at the Louisiana ParishAttorney’s office, said Louisiana had not had any similarcases.
“I am not aware of any litigation of that nature,” Roper said.”Not in the last ten years.”
Roper said if someone did wish to file a suit challenging thepolicy, he would have to prove the policy truly affected him.
Louisiana Office of Alcohol and Tobacco Control CommissionerMurphy Painter said in a statement, “The business owner of analcohol outlet reserves the right to sell to anyone regardless ofgender, race, or ethnicity, if the patron is twenty-one years ofage or older.”
Baton Rouge offers women several opportunities to use theirgender to gain free or discounted items. Several local bars hosts”Ladies’ Nights” and even some local car washes hope to get in ongender-based promotions.
Gene Humphreys, the operating partner and general manager ofHammond Aire Auto Spa, has been considering hosting a “Ladies’ Day”where females would receive discounted prices on car washes.
Humphreys said the New Jersey ban is ridiculous.
“If I run a promotion for senior citizens, that’s discriminatoryfor a younger person then,” Humphreys said. “I don’t believe indiscrimination. I do not discriminate. That is just apromotion.”
Humphreys said if a male patron inquired about the promotion hewould give him the discounted price.
“I don’t think any business man would turn down the business ifsomeone would ask,” Humphreys said.
Humphreys said he also was considering a business man’s day anda senior citizen’s day.
The Spanish Moon, a local bar, hosts a “Ladies’ Night” everyThursday. Ladies do not pay cover charge and drink free from 9 p.m.to 11 p.m.
Spanish Moon general manager Chris Reed said their “Ladies’Night” was so successful, it had to be stopped for a period.
“We were getting tons of traffic,” Reed said. “People werecoming in earlier and earlier for ‘Ladies’ Night.’ We were losingmoney because so many people were drinking for free.”
Reed said the Spanish Moon now enforces stricter rules toprevent women giving their free drinks to men.
Reed said he feels the New Jersey’s court decision makes nosense.
“I think it’s a Jersey thing,” Reed said. “I think it’scompletely retarded. We offer a number of other drink specials andspecial nights that cater more towards guys. We just don’t call it”Guys’ Night” because other guys wouldn’t come.”
Reed said he feels the public should decide whether or not toban gender-based promotions.
“It should be left up to the general population — people thatactually go to the bar and take advantage of drink specials, notjust some guy behind a desk,” Reed said.
Reed said he doubts Louisiana will become involved in thediscriminatory policy debate.