`Ladies' Night` Ruled Discriminatory

by NBC10/AP | Jun 3, 2004
`Ladies' Night` Ruled Discriminatory Cheaper drinks for women at New Jersey bars could soon be a thing of the past. The director of New Jersey's Division on Civil Rights ruled Tuesday that Ladies' Night at a Cherry Hill bar and restaurant was unlawful.

"The decision makes it pretty clear that this bodes trouble for bars that have ladies' night and similar programs in New Jersey," said J. Frank Vespa-Papaleo, the author of the decision.

Though it dealt specifically with the weekly event at the Coastline bar and restaurant in Cherry Hill, the ruling carries the force of a court decision and applies statewide. Vespa-Papaleo said the division would write formal rules covering the issue after a public hearing yet to be scheduled.

The ruling covers an area of the law where courts in other states have issued divergent opinions.

Judges in Pennsylvania and Iowa have said that similar events are illegal. But courts in Illinois and Washington state have said that ladies' nights are permissible because they don't discriminate against men, but rather encourage women to attend.

The complaint that led to Tuesday's ruling was filed six years ago by a male customer, David R. Gillespie, who claimed it wasn't fair for women to get into the Coastline for free while men paid $5 and for women to get discounted drinks while men paid full price.

Vespa-Papaleo rejected the Coastline's argument that ladies' nights was a legitimate commercial promotion.

The commercial intent does not override the "important social policy objective of eradicating discrimination," he ruled.

Deborah Jacobs, executive director of the New Jersey chapter of the American Civil Liberties Union, conceded that the issue might strike some as silly. But "where there are opportunities to create equality we should do so," she said.

The restaurant's attorney, Colleen Ready, did not immediately return a telephone message left Wednesday by The Associated Press.

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Author: NBC10/AP

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