Lund in Chicago Tribune: Civil Rights Act Does Not Outlaw Sex Discrimination

A recent decision by a Manhattan federal appeals court to reject arguments that the state was engaging in "invidious discrimination" by allowing clubs with liquor licenses to promote "Ladies' Night" events was supported in a Chicago Tribune op-ed citing Professor Nelson Lund.

The op-ed argues that it is not unjust to try to attract more women into a nightclub, which results in the patronage of more men, as well. Women gain by enjoying cheaper drinks or lower cover charges, while men gain by the presence of a larger number of women.

Lund points out that the 1964 Civil Rights Act, which requires equal access in public accommodations, like taverns, does not outlaw discrimination on the basis of sex -- only of race, national origin, and religion.

Ladies' Night lives, Chicago Tribune, September 13, 2010.

"If a bar had a 'Whites' Night,' offering discounts to Caucasians, people of other races would take it as an insulting signal to stay away. But when a bar advertises a 'Ladies' Night,' men do not feel the lacerating sting of injustice. On the contrary, they generally figure they have found a good place to hoist a few."

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