LAS VEGAS: During a tour of a Las Vegas Athletic
Club gym, a prospective member, Todd Phillips, was struck by the
fact that his wife was offered a cheaper sign-up rate than he
was and that there was a special workout area for women.
A club representative dismissed his questions about the disparities,
said Mr. Phillips, a lawyer who specializes in gender bias cases,
so he filed a complaint with the Nevada Equal Rights Commission,
arguing that price breaks and special areas of the health club
for women only were illegal under state law. A ruling is expected
shortly.
The complaint is perhaps the first anti-male gender bias case
in Nevada, but civil rights panels and courts in several other
states have grappled in recent years with what has come to be
known informally as Ladies’ Night law because it often involves
policies and practices among bars and nightclubs. Results have
been mixed.
In 1985, the California Supreme Court ruled that such disparities
were illegal, effectively ending them. Judges in Colorado, Iowa
and Pennsylvania all have said that such events and offers are
illegal, but state courts in Illinois and Washington have concluded
that they are a permissible means of attracting desired customers.
The Nevada Legislature banned sex discrimination in 2005.
Now, Mr. Phillips said, it is time for the ban to be enforced.
Should the Equal Rights Commission rule in his favor, the gym
would have to comply or file a lawsuit in District Court seeking
to overturn the decision.
“Imagine a whites-only country club or whites-get-in-free
deal or something like that,” said Mr. Phillips, 45, who has
homes in Nevada and California. “When things are based on race,
we have kind of a knee-jerk reaction because we’ve had poor
race relations in America for 400 years now. But when it comes
to treating people the same based on sex, that’s much more recent
in our memory.”
The Las Vegas Athletic Club’s executive vice president, Chad
Smith, defended the company, which owns five gyms in the area,
saying he thought the law referred to public accommodations
but not private clubs. (The law that defines public accommodations,
however, includes “any gymnasium, health spa, bowling alley,
golf course or other place of exercise or recreation.”)
Mr. Smith said that the club’s occasional discounts for women
were to encourage them to exercise and that special workout
areas for women were there to compete with Curves, the women-only
chain of gyms.
“Our men are very, very happy with how we conduct our business,”
Mr. Smith said. “This particular person is the only one who
has had a problem with it. There are legitimate discrimination
issues out there, and I wish he’d spend his time addressing
those that really need addressing.”
That is a common response, said Prof. John F. Banzhaf III,
a professor of public interest law at George Washington University
Law School in Washington and a pioneer in fighting sex discrimination.
“I’ve had women students who didn’t like these ladies’ nights
because one said it perpetuated a stereotype that women are
less than men and need special assistance financially,” Professor
Banzhaf said. “Another said she objected to the idea that they’re
using these deals to get drunken women into bars to lure men
into bars to attempt to pick them up. That is very objectionable.”
The casinos’ nightclub industry is watching the case carefully
and awaiting the ruling on Mr. Phillips’s complaint because
several clubs routinely offer free or reduced admission to women;
a recent promotion for the Body English nightclub at the Hard
Rock Hotel and Casino boasted that “ladies dressed in schoolgirl
outfits drink free Champagne all night.”
No one from Body English returned calls for comment, but other
club executives defended the discounts, especially when they
are part of a promotion, not an ongoing practice. Promotions
like these offer male customers the mix they seek, said Alan
Feldman, a spokesman for MGM Mirage, which owns several nightclubs
in its 10 resorts on the Las Vegas Strip.
“I don’t think these antidiscrimination laws had any intention
of preventing something like this,” Mr. Feldman said. “In the
circumstance of, Tuesday night is ladies’ night, that is a business
decision by individual businesses and they ought to be left
free to do that.”
But others were less concerned. Randy Maddocks, marketing
manager for the House of Blues at the Mandalay Bay Resort and
Casino, said he doubted his club would take a hit if he had
to cease admitting women free.
“It’s one of those marketing techniques that is pretty much
accepted, but I could also see the other side of it, too,” Mr.
Maddocks said.
“I get it, but I don’t think it’s necessarily discrimination,”
he added. “It’s more about who we’re trying to bring in, that’s
all.”