BID TO ERADICATE 'LADIES NIGHTS' FAILS AT 2ND CIRCUIT

A one-man campaign against "Ladies Nights" did not get far according to the New York Law Journal. The 2nd U.S. Circuit Court of Appeals on September 1, 2010 rejected Roy Den Hollander's claim that the Copacabana Nightclub and other establishments were "state actors" who violated the U.S. Constitution by charging men more for admission and drinks than women.
Hollander said "Ladies Nights" stem from "40 years of lobbying and intimidation, [by] the special interest group called 'Feminism' [which] has succeeded in creating a customary practice ... of invidious discrimination against men." He said state action was present because the clubs were selling alcohol under a closely regulated state system. But Southern District of New York Judge Miriam Goldman Cedarbaum rejected the claim of state action in 2008 and the circuit agreed in Hollander v. Copacabana, 08-5547-cv.
Judges Rosemary S. Pooler, Ralph K. Winter and, sitting by designation, Eastern District of New York Judge Roslynn R. Mauskopf said the U.S. Supreme Court holding in Moose Lodge No. 107 v. Irvis, 407 U.S. 163 (1972), "directly refutes that a liquor license by itself may form a basis for state action."
But the panel was not happy about that precedent in its per curiam opinion. "It's with great reluctance that we call attention to a case upholding the constitutionality of discrimination against African Americans," the circuit said, "but until the Supreme Court revisits Moose Lodge, we are required to follow its holding."