Judge approves $7m settlement for men suing bar over ‘ladies' night' admission fee
A judge has given preliminary approval of a $7 million settlement in a lawsuit alleging a 'ladies' night' event at a San Diego bar discriminated against men and nonbinary people.
The owners of the Omnia Nightclub, which closed in 2020 in the city's lively Gaslamp Quarter, were sued in 2020 after the plaintiffs claimed the themed night violated California's civil rights law.
The plaintiffs alleged that they, along with other men and nonbinary people, were made to pay full price on entry, while women were let in for free or at discounted rates at the 'ladies' night' event.
The men also alleged that they were frisked by security before entering the club but women were not.
The claims in the class action date back to 2015.
San Diego Superior Court Judge Matthew Braner gave preliminary approval to the settlement in May and a final fairness hearing is scheduled for August 29.
The agreement does not include an admission of any wrongdoing by the defendants.
California 's anti-discrimination statute, the Unruh Civil Rights Act, is at the heart of the case. The law prohibits businesses, including bars and nightclubs, from discriminating against customers based on sex, race, religion, gender identity and age.
Alex Maystrenko and Steve Frye, the two named plaintiffs in the suit, will each receive $25,000 for their roles as the class representatives.
There could be thousands of men who are eligible for a slice of the settlement, which, depending on the final number of claimants, could be between $245 and $4,000 each. Up to 40 percent of the settlement will likely go toward legal costs.
Courts in California have previously ruled that gender-based promotions at venues violate the Unruh Act.
A family-run San Francisco restaurant was forced to shut down at the end of last year because of a 'ladies' night' discrimination lawsuit.
Alfred Rava, a San Diego-based attorney, has brought hundreds of other 'ladies' night' suits. Rava is representing two men who decided not to join the other members of the 2020 class action.
'I and my clients hardily disapprove of businesses treating patrons or consumers differently based solely on their sex,' Rava said.
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