No special deals for women, commission says - Business

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Dec. 02, 2008
Copyright © Las Vegas Review-Journal

No special deals for women, commission says

By BENJAMIN SPILLMAN
LAS VEGAS REVIEW-JOURNAL

Ladies may still be welcome, but only if they pay full freight.

That's what the Nevada Equal Rights Commission told a Las Vegas gym that offered free enrollment to women only.

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The decision was aimed squarely at a promotion by Las Vegas Athletic Clubs, but it could have implications for bars, night clubs, strip joints and other Nevada businesses with sex-based pricing or access policies.

But for now it's limited to an order by the commission for the gym to cease-and-desist with the "women enroll free" promotion, and some even doubt the enforceability of that order.

"The floodgates of litigation have opened," said Todd Phillips, who instigated the case against Las Vegas Athletic Clubs in August 2007.

Phillips, a self-described "liberal civil rights attorney," says he intends to continue pressing the matter until sex-based pricing is a thing of the past in Nevada.

He objected to the club's discriminatory pricing policy as well as separate workout facilities it reserved for women only.

"If you allow a service to women, whatever it is you have to allow it for men," said Phillips.

While the commission did characterize the gym's price promotion as "an unlawful practice" under Nevada law, it didn't take issue with the facilities nor seek to broaden the case.

Administrator Dennis Perea said the commission will only deal with challenges on a case-by-case basis, meaning it won't apply the Las Vegas Athletic Clubs decision to other businesses.

But he also said there have already been at least two other challenges of Las Vegas-area business practices since the commission took on the sex-based pricing issue.

Perea wouldn't describe the cases in detail because he says the information is private until it reaches a public hearing. He did say they are "the same idea" as the challenge in the Las Vegas Athletic Clubs case.

The case has raised eyebrows among owners of major night club and casino companies in Nevada.

They're worried Phillips' arguments will gain momentum and result in the government becoming more involved in pricing policies of private businesses.

"It is about using anti-discrimination laws to attack businesses that are trying to use pricing models to increase their business," said MGM Mirage spokesman Alan Feldman.

Feldman said he doesn't think "ladies night" promotions are unlawful discrimination. He compared them to special prices for children or senior citizens.

"The pricing promotions are used to increase activity among a group, not keep anyone out," Feldman said.

Attorney Veronica Arechederra Hall attended the equal rights commission meeting Monday on behalf of several clients, including a major night club company.

Hall questioned the authority of the equal rights commission to enforce the order against Las Vegas Athletic Clubs, but added that she would advise clients to think more thoroughly about their company policies.

"I think they have to examine their practices and perhaps consider the risk of proceeding with such practices," she said.

Gary Peck, executive director of the Nevada chapter of the American Civil Liberties Union, also questioned the commission's authority.

Peck said ACLU lawyers have reviewed Nevada law and found that the state has yet to enact a law to prevent discrimination based on sex when it comes to public accommodations.

Although the ACLU is fighting for such a law as well as more power for the Nevada Equal Rights Commission to enforce orders, for now Peck says the commission's authority is in doubt.

"We honestly think it should be illegal to discriminate," Peck said. "We are dismayed at the fact it is not."

Dennis Leavitt, attorney for Las Vegas Athletic Clubs, said he would challenge the ruling.

"We feel they are dead wrong on the law and we are going to file for judicial review for district court," Leavitt said.

He said the state law that covers public accommodations doesn't prevent discrimination based on sex or age in order to preserve senior discounts, ladies nights and other price promotions.

Diana Hegeduis, chief deputy attorney general for Nevada, disagreed.

She pointed to statutes that set forth the mission of the equal rights commission, which include references to sex discrimination.

"The commission has the authority to interpret the statute they are mandated to enforce," she said.

Contact reporter Benjamin Spillman at bspillman@reviewjournal.com or 702-477-3861.

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Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background. junebug wrote on December 04, 2008 05:31 PM: When I get equal pay and equal rights, I will pay equal amounts to nightclubs,gyms etc. It is the males in society that have created Ladies Night and Free gym memberships. More ladies brings in more men to the establishment. If you all thought with your Big Brain versus Little....we wouldn't have Male owners bribing the ladies to come to their establishments. aaron wrote on December 03, 2008 11:53 AM: @Todd Phillips Get a life and take it back to California. Wyatt wrote on December 03, 2008 09:49 AM: Great, now if only I could get equal bang for my tax dollars that fund women's health, education, social services, businesses, home loans, children et al. I look forward to the government also removing the disparate funding of women, because as a male taxpayer I am tired of the institutionalized chivalry women demand. Grow up and pay your own way!!! Tony Sprout wrote on December 03, 2008 09:09 AM: Alan Feldman equates women with children and seniors? I thought women were on an equal footing with men. Will feminists now demonstrate against MGM? Doubtful. They only show up when discrimination is not to women's advantage. Proof they seek not equality but the opposite. Todd Phillips wrote on December 02, 2008 11:46 PM: To Cynthia: Get me the name and phone number of the dry cleaner "that charges $1.99 to clean and press a man's dress but charges a woman $3.99 to do the same kind of shirt." I'll teach you how to file a discrimination claim. Todd Phillips wrote on December 02, 2008 11:45 PM: To Elko Cowboy: I am a native Californian who has come here to enlighten you. To Mark Johnson: No fees have been paid to any ACLU attorney. To AP: Right on. Anyways, alot of you are confuse about the term "private business." There is no such thing. Las Vegas Athletic club is a "place of public accommodations." Sad Summerlin wrote on December 02, 2008 07:18 PM: I am actually for the fair and open economy... but I believe I would be called a racist if I suggested that in order to build a more "white" clientele, I would give a "whites in free" discount to encourage them to come to my place of business. I could charge a membership fee for entry into my restaurant (for example)... I could waive that fee for white customers because I know white people order more expensive meals and drink more expensive wine (for example)... I would want to offset that cost by charging black customers a membership fee for the privilege of eating at my establishment... The same can be said for the opposite... I want to cater to a gay man clientele who wants to escape the cackles of women... so men get free entry to my "club" and women have to pay $20 to get in... imagine the uproar that will cause... should it be allowed... ABSOLUTELY! Don't like the policy, go to a different business. David wrote on December 02, 2008 05:43 PM: You got that right 'waiter.' Black people seemed to think they don't need to tip, regardless of service. And it's not only in restaurants. But then again, neither do Filipinos, Mexicans and now that you mention it, Las Vegas is full of cheap people who take advantage of tip earners. Las Vegans are a bunch of cheap freeloaders. aaron wrote on December 02, 2008 03:03 PM: @Elko Cowboy This definitely has California written all over it. NEWS FLASH TO ALL CALIFORNIAN'S You came to Nevada to escape the mess you created in your home state. Don't make the same mistakes here. waiter wrote on December 02, 2008 02:52 PM: At the restaurant I work at, black people are almost always charged less. They usually save about 10-15% on the tip portion of the bill. I think this is VERY unfair! Read All Comments