Constitutional Law

2nd Circuit Tosses Ladies Night Suit by Anti-Feminist Lawyer

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A self-described anti-feminist lawyer in Manhattan has lost his claim that night clubs are state actors because of liquor sales, making them subject to a constitutional equal protection claim for their ladies night discounts for women.

The New York-based 2nd U.S. Circuit Court of Appeals ruled “with evident amusement” against former Cravath lawyer Roy Den Hollander, the New York Daily News reports. “Without action on our part,” the court said, “Den Hollander paints a picture of a bleak future, where ‘none other than what’s left of the Wall Street moguls’ will be able to afford to attend nightclubs.”

The Wall Street Journal Law Blog and the New York Post also had the stories.

Den Hollander had attributed the ladies nights to “40 years of lobbying and intimidation, [by] the special interest group called ‘Feminism’ ” which has fostered discrimination against men. The decision (PDF) found that liquor sales are not directly related to pricing and tossed Den Hollander’s Section 1983 suit against the Copacabana and other night clubs.

Den Hollander told the Daily News he would appeal to the U.S. Supreme Court. Asked about the odds that the court would grant cert, he replied, “About the same as some pretty young lady paying my way on a date.”

Prior coverage of Den Hollander:

ABAJournal.com: “Ex-Cravath Lawyer Sues Columbia U in Anti-Feminist ‘Jihad’ “

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