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Wednesday, July 13, 2011 | 2 a.m.
Billy Vassiliadis
Sheila Leslie
Sun coverage
With the stroke of a pen last month, Gov. Brian Sandoval made it illegal to discriminate based on gender.
With that same signature, however, Nevada became perhaps the only state to legalize gender discrimination as long as it’s done in the name of promoting a casino pool party, a tavern’s ladies’ night or gym enrollment.
The law doesn’t specify those promotions, but it is written so broadly that it could include almost anything a business dreams up and labels as a marketing or promotional tool.
It states: “It is not unlawful and it is not a ground for civil action for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation.”
A “place of public accommodation” means just about any business or public entity accessed by the general public.
Shelley Chinchilla, administrator of the state Equal Rights Commission, which has heard complaints in the past about gyms offering free enrollment to women but not men, agreed that the law says “you can’t discriminate, but the other part says it’s OK if it’s a promotion. It causes us a little bit of a dilemma.”
The commission has dealt with similar issues before. In 2008, it ruled in favor of a man who filed a sex discrimination complaint against a promotion by Las Vegas Athletic Clubs that allowed women to enroll for free. The business was ordered to offer the same promotion to men or stop offering it.
Chinchilla said this week that she contacted commissions in other states about the new law and found no other state has made such a distinction in its discrimination statutes.
The original version of Senate Bill 331 only sought to eliminate sex-based discrimination. The amendment allowing promotional discrimination came from Sen. Sheila Leslie, D-Reno, who said during a legislative committee meeting on April 1 that she worked on “the ladies’ night exemption” with the Nevada Resort Association.
Association lobbyist Billy Vassiliadis defended the bill’s ladies’ night exemption, arguing it’s needed because of Nevada’s tourism economy.
“We’re also the only state whose survival depends on marketing our wares,” Vassiliadis said, adding that the exemption was more out of caution than necessity because no law outlaws ladies’ night-type practices.
“It allows us to market to special groups,” he added. “We have gay and lesbian marketing, Cinco de Mayo, what have you.”
If anyone has concerns about the new law, they’re hard to find.
Representatives of Equality Nevada, Nevada Women’s Lobby, Progressive Leadership Alliance of Nevada and the American Civil Liberties Union championed the bill, happy that state law would finally make it illegal to discriminate based on sex or gender.
“Overall, the bill does very good things and the idea that a bar may have a reduced drinks for ladies’ night didn’t seem to rise to the level of a constitutional issue that might undo the very positive parts of the bill,” said Allen Lichtenstein, an ACLU attorney.
In fact, you have to go outside Nevada to find someone who has problems with the new law.
Steve Horner, who has made it his mission to fight ladies’ nights in various states, says he is preparing to sue Nevada or find a sympathetic legislator to try to repeal it. He says the law clearly violates the 14th Amendment to the Constitution, which guarantees “equal protection” to all people.
The 63-year-old work-family coach who writes books and lives in St. George, Utah, said he came to view “ladies’ nights” as the ultimate hypocrisy as he traveled the country for work. He said his fight in Colorado five years ago led to a ladies’ night resolution by the Colorado Civil Rights Commission, approved in July 2007, that says, among other things, “Ladies’ night promotions may not involve price differentials ...” and that “the commission strongly discourages ladies’ night promotions ...”
“I saw what women were doing with all their vengeful, male-hating behavior; their rights were already guaranteed in the Constitution, but then they wanted Title IX, then you couldn’t look sideways at a woman without being hit for stalking,” he said. “And now we see (children) aren’t raised very well with (just a single) woman in the household, and they continue to want more and more.”
Horner, who said he’s limited his dating to women “who are on my side,” says “Nevada has become a prostitute” with its ladies’ night exemption.
“It says discrimination is illegal, unless there’s money to be made, and that is no different from a woman compromising her principles for the sake of money and becoming a prostitute,” he says. “And you wonder why there’s so much dysfunction throughout society — it’s all these damned double standards.”
The law takes effect Oct. 1.
I think Steve Horner is the one with the problem - he mentions 'male hating behaviour' when in fact, based on this article, it sounds like HE has a REAL PROBLEM with women. Just what is a 'work-family coach' anyway? I sure as heck wouldn't want him 'coaching' anyone I know and love. This guy needs to get a REAL job - sounds like he has WAY too much time on his hands.
I live in nevada to be away from D bags like Horner. Stay in Utah, its the right state for you.
Nero fiddled while Rome burned
"With that same signature, however, Nevada became perhaps the only state to legalize gender discrimination as long as it's done in the name of promoting a casino pool party, a tavern's ladies' night or gym enrollment."
_________
In other words discrimination is perfectly A-Ok in the state of Nevada.... just as long as it benefits women.
to RHG58
You almost got it: discrimination is perfectly A-OK...just as long as it benefits the CASINOS.
i refuse to go to bars or clubs which charge for men yet allow women in for free, they can stick my business up their a^%
Here in Sin City...
Smoking, Ladies nights, ladies OF the night, sex, drugs & rock n' roll, and most of all Boozin' & Gamblin' in all their (in)glorious forms SHALL NOT BE IMPINGED UPON!!!
Udderwise, you might as well close up shop.
The irony of the notion that "Vegas" should be "cleaned up" to measure up to U.S. Standards (legal or moral) hits me as hysterical...
"RULES" are NOT what Las Vegas is famous for, kids!!!
"Oh, yes, it's ladies night
And the feeling's right
Oh, yes, it's ladies night
Oh, what a night"
Robert "kool" Bell & his Gang.
fosimmons It is nice to know idiots like you as well as yourself you will never own a business nor have an influence in decision making. Now go some where and breath some second hand smoke as it will speed your departure here on earth thus leaving a better world for people who have brains.
Whine and cry all you want but fact is women have ruled the world since the start of time and still do.
If it was not for women none of you would even be here. Most men spend a large percentage of their life doing things for women.
Women attract men, and women so the bars, clubs and shows know how to fill the seats.
You would think in todays world people would find something more important to complain about.
Sounds like Horner has some 'mommy' issues or suffered thru a nasty divorce. I hope the passage of this bill shuts down any future litigation from Horner.
<The 63-year-old work-family coach who writes books and lives in St. George, Utah, said he came to view "ladies' nights" as the ultimate hypocrisy as he traveled the country for work>
Bet this guy had no bad things to say about "ladies' night" 30-40 years ago when he was prowling bars looking to get laid.
It's a known fact that single women in bars brings in business. Not only in Vegas but my guess bars in NY, Chicago (this I know for sure), LA and other large metro areas try to get the ladies in so the men will follow. And if it means offering half price drinks, so be it. We hung out at a bar in Chicago that had huge patio doors facing the street. The owner always insisted more times than not we ladies sit close to the doors so anyone going by (mainly males) whether walking, driving or on the bus, saw that the place had females sitting at the bar. And it worked. Oh and we always got free drinks for our "impromptu" advertising! Who were we to say "no"??!!!
Bar owners aren't stupid.
Terrible policy. Two steps forward and another step back. Ladies night are great for bars, but giving ladies free membership when signing up at a gym seems out of place. Esp. when females have their own separate gym inside LVAC. For a state that is trying to grow-up fast and market itself as more than a one-trick pony this is just more evidence that Las Vegas and NV still have a lot of growing up to do.
@markp - don't you get it - they're trying to get those women in there for YOUR viewing pleasure - and if you're not interested I'm sure there are many guys who ARE! Perhaps, in fairness, they should have a freebie night for the guys and then all the ladies who are on the prowl will go looking for their prince charming LOL...
Everybody, men and women, prostitute themselves in one way or another. Ladies who accept free admission or half-priced drinks so the bar owner can use them to lure in paying males just do it for a lesser price than most.
I believe in equal rights for ladies and men, but why does equal rights always equal to women getting equal perks and not equal disadvantages?
Does this mean that although I can not discriminate based on race, I can charge Latinos more than whites or blacks for promotional reasons? Can I have a colored and white only restroom since I am providing equal restrooms?
It's hard to put aside gender discrimination when society does not expect women to man up and accept men's disadvantages. Thanks Sandoaval.
Go Steve Horner!
you got a point Kablooey.
"With the stroke of a pen last month, Gov. Brian Sandoval made it illegal to discriminate based on gender."
From Nevada's original Constitution, about 150 years ago, Article I ("Declaration of Rights"): "Section. 1. Inalienable rights. All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness[.]"
Either our governor and lawmakers are ignorant of their oaths or are just pandering to the voters.
"I heartily accept the motto, 'That government is best which governs least'; and I should like to see it acted up to more rapidly and systematically." -- Henry David Thoreau 1849 "On the Duty of Civil Disobedience"
Maybe us men shouldnt be so easily led around by our noses (not to mention other appendages,) but we are, so, so be it.
Bars with ladies nights and LVAC know what they are doing. The ladies enjoy the discounts, the men enjoy the eye candy and the improved odds on getting somewhere, and both are good for business.
Restricting any of the above would be incredibly stupid for our business climate, especially in times like these.
Maybe it technically is discriminatory, but its not the ladies fault, its not the businesses fault, and its not the governments fault.
Us guys have voted with our dollars and our hormones.
However, if kids keep listening to crap like Justin Beiber and the Jonas bros., and keep allowing themselves to be emasculated in various other ways that society is pushing for (no phys. ed. in school, etc etc, no physical games at recess,) then perhaps in 20 years it'll all be a non issue because we are currently raising a culture of eunuchs anyway.
Thank you Ladies Night for getting my wife out of the house especially during sporting events.
It's target marketing. That's all it is. It isn't an intended bias, it's a loss leader. What's next making senior citizen discounts illegal? How about all you can eat crab night because that night someone wanted all you can eat beef? Active duty military discounts? Safe driver discounts? League night at the bowling alley? Oh, please!!! With the economy the way it is, businesses need all the hooks they can get.
Oh, have you heard that Rosemary's has closed?
So if its not illegal to discriminate as long as its a promotion, can one offer free memberships to white males, under the assumption that its a promotion? No that would turn into a political hotbox. Not that I disagree with a bar wanting to get more females to go out, or a gym looking to bolster a stereotype that ladies need a reason to go out and get a workout in, but I find the vagueness interesting. One can now chose to discriminate based on promotions, thats wonderful news.
Um KillerB? You are aware that Thoreau was a card carrying Socialist. Then again...why am I wasting my breath. R.W. Emerson may have said that conformity is the hobgoblin of little minds but apparently conforming to Fox News Corp's Fake Tea Party talking points wasn't what he meant. You Tea guys really need to figure out what you're all about.
But, um, yeah State of Nevada - charging someone a fee based on their gender is most definitely NOT constitutional and is not "marketing". On my planet it's called discrimination. Essentially you're saying it's ok for bars to have "White Nights"; everyone who's white gets in for free! Sure it's marketing! Um yeah, good luck with that one. I mean Cinco de Mayo? So you're saying that there's bars that advertise free drinks if you're a Mexican but everyone else pays? I must have missed that memo!
Oh and Vegas - the 1960s called and would like its sexism back.
Discriminate against men, that is nothing new just go to Family court and watch the antics(MISANDRY) at its best