(CN) – New York nightclubs can continue to charge lower covers to women on “Ladies’ Nights” because they are private entities, the 2nd Circuit ruled.
Roy Den Hollander, a frequent nightclub attendee, brought a class action against several New York City nightclubs, including Copacabana Night Club, China Club, Lotus, Sol and A.E.R. Lounge.
Hollander challenged the clubs’ practice of charging a lower cover to women than men on certain nights, which he attributes to “‘Feminism’ [which] has succeeded in creating a customary practice… of invidious discrimination of man.”
He argued that because nightclubs sell alcohol regulated by the state of New York, nightclubs are acting as representatives of the state, which would prohibit them from engaging in discriminatory practices.
The 2nd Circuit rejected Hollander’s argument, citing a Supreme Court ruling that a liquor license does not establish a state action.
“[W]e cannot agree that the state’s liquor licensing laws have caused the nightclubs to hold “Ladies’ Nights” the circuit ruled. “Liquor licenses are not directly related to the pricing scheme.”