‘Ladies Only’ Promotions Challenged in Gender Discrimination Class Actions

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Two gender discrimination class action lawsuits say California businesses that run “ladies only” promotions violate the state’s civil rights laws.

In a claim filed earlier in September, plaintiff Anthony Davis is challenging defendant Poway Weapons & Gear Inc.’s practice of offering a women-only “Ladies’ Night” at its recreational gun range in Poway, Calif. Davis says these promotions are clearly prohibited under California gender discrimination law.

On Ladies’ Night, which falls on the second Wednesday of every month, Poway Weapons & Gear offers female patrons free admission to its gun range. Male patrons, however, are forced to pay a “Man Tax” of $7.50 to $15 to use the range, Davis says. Men are further denied access to the range’s VIP lounge, he claims, which on Ladies’ Night is reserved for women.

Davis’ gender discrimination class action lawsuit says this promotion flies in the face of California’s Unruh Civil Rights Act. State court decisions from as far back as 1985 establish that businesses violate this act by offering “ladies’ night” promotions that cater to women only, he argues.

Davis includes copies of materials published by state administrative agencies that specifically single out promotions like these as Unruh Act violations.

A two-page flyer from the California Department of Fair Employment & Housing says that businesses are engaging in unlawful discrimination if they provide “free admission, discounts, or promotional gifts to only one sex” or if their promotions advertise “’ladies night’ discounts on admission and services.”

Davis also offers a 2008 advisory from the Bureau of Gambling Control, stating the Bureau’s opinion that “ladies only” poker tournaments violate the Unruh Civil Rights Act.

Twice in 2016, Davis says he paid the regular price to use the range at Poway Weapons & Gear’s shooting range on Ladies’ Night. He was not offered the same discount that female patrons enjoyed, he claims, nor was he offered entry into the club’s VIP lounge.

Davis’ claims are similar to ones brought earlier this summer against San Diego’s Riverwalk Golf Club by plaintiff Steve Frye.

Frye says Riverwalk’s 2015 “Ladies’ Days” promotion violates state law by offering “Ladies Only Tee Times.” The same promotion offered food and drink specials and discounts on merchandise from the pro shop, discounts Frye presumes were unavailable to male golfers.

These women-specific benefits forced male golfers to pay a “Man Tax” to access the same goods and services during Riverwalk Ladies’ Days, Frye claims. He says that on at least two occasions in March 2015, Riverwalk denied him his requested tee times and did not offer the same food and merchandise discounts that it offered to female golfers, all solely because of his sex.

In Davis’ gender discrimination class action lawsuit, he seeks to represent a plaintiff Class consisting of all male patrons who were subject to gender discrimination during Ladies Night at Poway Weapons & Gear’s shooting range during the three years preceding the filing of this gender discrimination class action lawsuit.

Frye seeks to represent “All male and female patrons who were treated unequally based on their sex during the Ladies’ Days promotions held at the Riverwalk Golf Club for the period beginning on the date three years prior to the filing of this lawsuit and continuing through the date of trial.”

Both Davis and Frye are represented by attorney Alfred G. Rava of the Rava Law Firm.

The Gender Discrimination Class Action Lawsuits are Davis v. Poway Weapons & Gear Inc., Case No. 37-2017-00033788-CU-CR-CTL, and Frye v. Touchstone Golf LLC, Case No. 37-2017-00014776-CU-CR-CTL, both in the Superior Court for the State of California, County of San Diego.