I like the tag.

Way to avoid a reference to Kool and the Gang, Bart. The Second Circuit has one opinion and the Minnesota Human Rights Department has a different one. Of course, the Second Circuit is considering the Equal Protection clause, and the the department was interpreting Minnesota's Human Rights Act.

Considering the opposite conclusion reached by these two entities, begs the question of why the plaintiff chose to sue under the Equal Protection clause instead of a state or federal public anti-discrimination law. At first I thought it might be because the plaintiff, Den Hollander was not represented by an attorney and, therefore, was unaware that New York City prohibits discrimination by businesses (I know, New York State probably does too but it is late and finding that statute is unnecessary to my point). However, it turns out that Mr. Hollander is an attorney. One whose whole practice is apparently devoted to being an (or perhaps the), "anti-feminist lawyer". Given that he is a lawyer, his unwillingness to invoke anti-discrimination in public accommodation laws is perplexing.

One thing on Mr. Hollander's website that I think all attorneys can relate to is this: on each of his loses in his "trilogy of cases" he blames the judge rather than a weakness with his case or advocacy skills.

Ladies' Night Constitutional

The Second Circuit has rejected an Equal Protection challenge to a private nightclub's policy of regularly charging men a higher cover charge.  This policy is known as "Ladies' Night."  The Court ruled that the Equal Protection clause did not apply because private nightclubs are not state actors.

Leaving aside the constitutional question, I am calling on all men to boycott institutions that employ these discriminatory practices.  But, then again, a successful boycott by men would only increase the proportion of women-to-men at such institutions, which is the goal of Ladies' Night .  So, on second thought, I demand that men boycott all Ladies' Nights, particularly in the Evanston, Illinois area.  Alas, the only way for me to enforce gender solidarity on this issue is to patrol the nightclubs myself.