DAILY MEMO: CIVIL RIGHTS:

Letting women in free might cross legal line

Lawyer targets discrimination, sets sights on casino nightclubs

Monday, Sept. 29, 2008 | 2 a.m.

While lobbying to amend state law to prevent businesses from discriminating against gay and transgender customers, the American Civil Liberties Union of Nevada came to an embarrassing conclusion: Nevada is among a few states without a law protecting customers from sex discrimination by businesses.

Years ago, attorneys in other states used such laws to stamp out disparate pricing for men and women at bars, nightclubs and other businesses. “Ladies’ night” lawsuits have generally succeeded.

It’s easy to see which Nevada businesses would stand to lose the most from equal pricing laws.

Free or discounted admission for women is a key marketing strategy for casino nightclubs. Women draw men, who pay big bucks to enter these clubs and buy drinks for women. Women are eye candy, men are wallets. Simple stereotypes? Sure. And yet, casinos profit from well-accepted sexual stereotypes, including scantily-clad cocktail servers and go-go dancers.

That’s why casino executives are paying close attention to Las Vegas civil rights attorney Todd Phillips.

Phillips, who moved here from Hollywood a few years ago, has made a business out of suing California businesses for charging men more than they charge women.

Last year, Phillips filed a sex discrimination complaint against the Las Vegas Athletic Club for charging men a $10 membership fee, while women enrolled for free. To his surprise, he was the first person to challenge a business for gender discrimination under Nevada’s “public accommodation” law.

In August, the Nevada Equal Rights Commission’s administrator found the gym’s pricing was discriminatory. Within 45 days, the commission — an agency that largely settles claims confidentially — will hold a rare public hearing on Phillips’ complaint, and the five-member commission will render a final ruling.

The public hearing is needed because there’s confusion about the law, said Dennis Perea, the commission’s administrator.

At issue are two laws dating from the 1960s. One is nearly identical to the federal law that prohibits businesses from discriminating on the basis of “race, color, religion, national origin or disability.” States began to add gender to the list in the 1970s. Nevada never did.

The second law, some say, looks good on paper but lacks teeth. It states that it’s against the “public policy of the State of Nevada” for businesses to discriminate based on race, religion, age, disability, national origin, ancestry, sexual orientation and gender.

Some say businesses have room to argue that the first law takes precedence over the second, or that the second law amounts to the state saying that sex discrimination is bad but not illegal.

Phillips calls that “tortured fiction” by people more interested in legal debate than civil rights.

The commission can decide to file for a court injunction against the gym, which has apparently abandoned its pricing policy. And that’s about it.

In California, such claims are settled swiftly with demand letters. Individuals may seek attorney fees and a $4,000 penalty, which encourages both complaints and compliance, a prospect that concerns some legislators here.

Not Richard “Tick” Segerblom, an employment attorney and Las Vegas assemblyman, who hopes to strengthen the state’s discrimination laws in the next legislative session.

Perea is crafting a bill to clarify state law. He is staring down a pile of complaints — triggered by Phillips’ action — against nightclubs.

Phillips has become the butt of jokes from people who think he’s a threat or a sham “men’s rights” advocate. He argues that women are the unwitting victims of such pricing, which encourages predatory behavior, especially in nightclubs. Many local women, he says, have responded to his brand of progressivism with a secretive thumbs-up.

Gender-based pricing should be as unacceptable as, say, racially based pricing, Phillips says. Instead, it’s considered quaint.

“We should recognize each other as human beings rather than see people as black, Puerto Rican, gay or male. What message are we sending the world if we, a world-class destination, treat customers differently?”

Discussion: 16 comments so far…

By KDR81

9/29/08 at 8:57 a.m.

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There is no such thing as private property anymore.
By iwonder

9/29/08 at 9:25 a.m.

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Maybe Mr. Phillips will also question why dry cleaners charge more for women's tailored blouses than they do for men's shirts; or, why some salons will charge a woman more for a 20 minute haircut than a man is charged.
By redferret

9/29/08 at 9:52 a.m.

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Good questions. It is a good point and a little odd that there's women's night and special pricing usually, but not a men's night. The author is right, because special pricing based on who you are usually never stands. When was the last time a place had "Blacks night" or "White night", etc. This day and age it really doesn't make a lot of sense. Also if there are questions about what an establishment can/can't do, an easy solution is to become a private club. Once you're a private club, you can have smoking, so maybe you can have gender discriminatory pricings too.
By azsk8fan

9/29/08 at 10:45 a.m.

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Maybe all the women should just stay home when there's no more 'ladies night' - let's see how much fun it is for the guys - This guy from California just sounds like a pot-stirrer, a fire-starter - and he needs to go back to where he came from and keep his trouble-making attitude out of Las Vegas. Being a female I don't particularly care to have some top heavy, half-nude chick serve me drinks at the slots but it's a mans world out here and the casino's could care less about giving the women patrons some 'eye candy'....but I'm certainly not going to start a lawsuit over it - geesh, there's really more important things to be concerned with.
By ToddPhillips

10/1/08 at 1:14 p.m.

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Todd Phillips Responds!

Hey "KDR81" could ya be more specific?

Hey "iwonder" why don't YOU question dry cleaners who charge women more than men? Sounds like discrimination to me!

Hey "redferred" right on!
By ToddPhillips

10/2/08 at 10:21 a.m.

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To: azsk8fn:

You work for one of the large impersonal corporate casinos, right? And by the way, it's not "ladies night," rather, it's "ladies' night." You fail to include the possessive. So don't tell me to go back to California, you need to go back to school, girlfriend!
By ToddPhillips

10/2/08 at 11:10 a.m.

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Todd Phillips Strikes Back! To: azsk8fn

It sounds like you work for a large impersonal corporate casino, but let me address your concerns. You write, "Maybe all the women should just stay home when there's no more 'ladies night' - let's see how much fun it is for the guys." Uh, no, the women shouldn't stay home, and neither should the guys. How about everybody go out and be admitted to the club on equal terms? Your statement assumes that guys can have fun only if women get in free; not true--you should visit the clubs in Hollywood sometime.

Next, you write, "This guy from California just sounds like a pot-stirrer, a fire-starter and he needs to go back to where he came from and keep his trouble-making attitude out of Las Vegas." Now I'm definitely sure you work for a large impersonal corporate casino. I'm not trying to change Nevada law; I'm simply asking: how come Nevadans don't follow the laws we already got? Okay, pot-stirrer? Fire-starter? Isn't that what they labeled Susie Anthony? Which casino do you work for?

Next, you write: "Being a female I don't particularly care to have some top heavy, half-nude chick serve me drinks at the slots." Either you work for a large impersonal corporate casino or you're a compulsive slot player. Candidly, I love top-heavy, half-nude chicks serving me drinks! And, although you indicate that top-heavy, half-nude chicks are not your cup of tea, I have many lesbian friends who enjoy top-heavy, half-nude chicks as much as I do! As to whether any given person enjoys top heavy, half-nude chicks serving drinks, it's got nothing to do with one's gender. Next, you write, "it's a mans world." Hey, only if you want it to be. Remember Gandhi's words-- "Be the change you want to see in the world!"

Next, you write, "the casinos could care less about giving the women patrons some eye candy." You're right; the casino you work for is very sexist. They openly discriminate against male patrons, and if you did a study, you'd probably find your employer maintains a "glass ceiling" that prevents your upward movement. The casinos pay the male employees more money because, after all, the men need more money to get into their nightclubs, right? When the nightclub gives you free admission, they're really saying, "Hey, women are second class customers!" "We gear our business services towards men because, frankly, women are worth zero!"

Next, you write, "I'm certainly not going to start a lawsuit over it, geesh, there's really more important things to be concerned with." Well, what things are more important? Casino profits? You're right; in Nevada, casino profits are more important even than your health. Large impersonal corporate casinos don't give a damn if you must work in a toxic, smoke-filled environment. They don't give a damn about your heath, and they don't give a damn about my civil rights; they care only about their profits, profits and more profits---it's called the "Bush Doctrine."
By azsk8fan

10/2/08 at 11:41 a.m.

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Todd - get over yourself. I don't work for ANY casino and I could care less about a missed apostrophe here or there - I'm not writing an English essay paper here........good grief - and why am I not surprised that you would be from California.
By redferret

10/2/08 at 11:47 a.m.

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Look guy, I don't know where you got the whole az works in a casino. She merely stated that large breasted women serving her drinks half nude is not her cup of tea... as in (guessing here) maybe she would want some of the men from Thunder Down Under or Chippendales to walk around serving her some drinks.

Also her attitude against Californians is not casino exclusive. Most people in Nevada don't like Californians, and this INCLUDES Californian transplants. We usually don't like Californians, because they moved out of their state when it was too expensive to live there. They then move to Nevada, and what do they do???? Try and make California, Jr. Cut the lady some slack, you don't even know her.
By redferret

10/2/08 at 12:04 p.m.

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Also casino's tend to favor women in other ways than just preferred treatment at clubs. Ever go shopping on the strip...hmmmm... Handbag store, shoe store, unisex store, shoe store, kid store, women's high fashion, jewelry, shoe store, food, chocolate, shoe store. Are you seeing a trend? Also what about the spa treatments? How many men are like, "Dude! Hook me up with a day pass to the spa. My cuticles are soooo heinous right now".
The beef people have is that women get in free in places, so why can't men, or what about transsexuals, or what about crossdressers? Where's the line? I simply stand by if you are admitting the public, it should not be based on preferrential treatment. The only time I can think prices can be honestly reduced for people are: Seniors (they've paid enough), students (they don't have enough), the military (they give more than enough), and kids.
By ToddPhillips

10/2/08 at 1:23 p.m.

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Hey, azsk8fn -- I'm not done yet:

It's not a "mans world," but rather, a "man's world." It's not "the casino's" but rather, "the casinos." It's not "there's really more important things," but rather, "there are really more important things."

I didn't come here for the cheap real estate; I came here to enlighten the Mojave Desert with my quick wit. Luv ya, babe !!
By ToddPhillips

10/2/08 at 1:34 p.m.

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Hey Redferret:

I don't see the trend ... But I shall say this: all business must sell their goods and service to all patrons at the same price. This goes for handbags and spa treatments. Further, the notion of "all patrons" includes my transsexual, trans-gender, cross-dressing, post-op, pre-op, and gender-confused friends.

And yes, I agree that seniors and children should get discounts-- because we all have an equal opportunity to be children and seniors. However, I do not support discounts for students or military people. There's simply no basis to justify student discounts. As to military people, I'd be in favor of discounts if they had been drafted into service. But since military people serve of their own free will, I don't see any reason to give 'em a price break.

P.S. how can you be so sure that assk8fn is not a casino employee?
By redferret

10/2/08 at 2:02 p.m.

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Well,
She only commented on GOING to a casino for ENJOYMENT, not employment. Second, most stores in malls tend to focus on the female. Have you looked at a mall directory lately? Men's apparal- 10 stores. Women's apparal- 30 stores. Just the way it is.
I also believe that the military should get discounts, because they are protecting us in a foreign land. While yes they chose to do so, that speaks all the more why we should give them a skimpy 10% off on movies or whatever, because they chose to serve America.
As for students, for crying out loud... Would a business like to get some more business by lowering prices for people know to not have money, or would they rather not get the business at all.
By ToddPhillips

10/2/08 at 2:17 p.m.

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Hey Redferret:

The tenor of her letter "sounds" like she works for a large impersonal corporate casino.

Anyways, I see nothing wrong with 30 women's stores and 10 men's stores-- so long as both men and women get to buy goods, at the same price, from ALL stores.

And, candidly, I don't think that the military is protecting us in a foreign land. I think they're causing trouble in a foreign land. If Iraqi marines landing on the Jersey shore were met by our soldiers, then yes, they would be "defending" us.

The Iraq War is nothing more than a billing bonanza for large impersonal government contractors. To date, they've bilked the American taxpayer for over $640 billion dollars. But are we any safer for it? And guess what, I still haven't seen Ed McMahon at my door with my Iraq War Prize!

Don't get me wrong, I support our troops. I say bring 'em all home and give 'em a good job, health care and NFL Sunday.

As to students, they shouldn't get discounts just because their broke. The truth is, they're lucky to be in school and get an education in the first place. Rock on!
By gokkgo

10/3/08 at 8:24 a.m.

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"Todd Phillips Responds!"

Stop the presses. OMG! Todd Phillips Responds.

"You fail to include the possessive" Get off your high horse.

"has made a business out of suing California businesses" Says it all. Las Vegas watch your wallets! It sounds like Todd needs to pay some bills.
By ToddPhillips

10/3/08 at 10 a.m.

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Hey gokkgo!

What casino do you work for?

P.S. what possessive did I forget to include?