Sunday, July 15, 2007
You dance, you smile, the guys go wild
An attorney named Roy Den Hollander is trying to bring a class action on behalf of men everywhere to end Ladies Night promotions at night clubs. He claims the policy deprives men of their rights under color of state law. This is probably a loser for the reasons offered by Ilya Somin here.
I don't know if he is pursuing it, but Hollander may have a better chance under state laws banning discrimination in public accommodations. That approach has been successful in California and New Jersey.
Apart from the merits, Professor Somin points out a potential problem with Hollander as a class representative. He reminds us that one of the four requisites of class action is that the class representative must adequately represent the class. He might also have added that the class representative's claims must be typical of those of the class.
Unless Hollander somehow certifies a class excluding heterosexual men, I think he has a problem here. In fact, if this goes anywhere, Hollander may want to avoid dark alleys in Brooklyn lest he run into a group of his clients seeking a private conference.
As for me, I haven't been to a bar holding Ladies' Night for years. I would either scare the ladies or, if I did not, wind up in a shallow grave. Less than fully intact.