Judge Miriam Goldan Cedarbaum Rejects Roy Den Hollander's Discrimination Suit Like A Model Snubbing A Geek At A Trendy Night Club

In my younger, wilder days, ladies night was an event that I, like most males, looked forward to because it meant that the ratio of women to men would be more favorable than usual. Much to my surprise, not all men like ladies night at clubs. In fact, one lawsuit alleged that it was discrimination against men. Fortunately for those enjoying the custom, Judge Miriam Goldman Cedarbaum disagreed and dismissed the lawsuit from a Manhattan federal court. Specifically, Judge Miriam Goldman Cedarbaum ruled that nightclubs can price their products as they wish because they're not acting as representatives of the state.

Attorney Roy Den Hollander, a crusader against feminism, represented the plaintiffs. Hollander argued that ladies' nights discriminate against men by offering women free or discounted admission and drinks. His argument for the existence of "state action" involved the relationship of the state to the business pursuant to the procedure for licensing alcohol sales. While a decent argument, according to CNN he called the judge a feminist and her ruling consistent with discrimination embedded in American institutions. (Legal Pub never encourages calling any judge names and instead suggests that an appeal is a preferred means of communicating one's displeasure with a ruling.)

Had the judge not rejected the argument, the plaintiffs were to be a class of individual men over the age of 21 who entered New York nightclubs on a ladies' night since June 21, 2004. The nightclubs' attorney argued that cover charges for men are not so burdensome as to deny entry to male customers. Furthermore, they argued that males may benefit from ladies' nights because it encourages females to patronize the club. (Gravamen argument resulting in victory!) .

Hollander is no stranger to controversy. He sued Columbia University, because its women's studies program is discriminatory because the school lacked a comparable men's program. One can predict a difficult struggle with that lawsuit as well.