Is “Ladies’ Night” fueling gender discrimination debates? Here’s why it’s sparking controversy.

“Ladies’ Night” promotions are said to break public accommodation laws in states that ban gender-based discrimination.

Public accommodation laws in certain states have led to business owners facing lawsuits over “Ladies’ Night” promotions accused of gender-based discrimination.

According to the Movement Advancement Project, over 20 states, one territory, and the District of Columbia have laws prohibiting discrimination based on sexual orientation and gender identity in public establishments. Rebecca Nieman, a business law and ethics professor at the University of San Diego, explained to CNN, “Many small, family-run bars may not be aware of this law, which is why these lawsuits continue to target small business owners.”

“Most gender discrimination lawsuits against small businesses are settled out of court,” Nieman said, adding that battling these lawsuits in court can be challenging for small businesses due to limited financial resources.

Chef John Marquez, owner of Lima restaurant in Concord, California, was forced to shut down his family-run business permanently after settling a discrimination lawsuit over a “ladies’ night” promotion that offered discounts to female customers.

Earlier this year, Fresno, California’s minor league baseball team, the Fresno Grizzlies, faced a lawsuit after hosting a “Ladies’ Night” promotion that offered women free admission to a game at Chukchansi Park on May 25, 2023. The lawsuit claimed the promotion was “blatant gender discrimination” and violated The Unruh Civil Rights Act, according to The Fresno Bee. San Diego lawyer Alfred Rava, who represented the plaintiffs, stated he has successfully won several similar cases, including a 2009 lawsuit where clients secured a $500,000 settlement with the Oakland A’s over a Mother’s Day promotion.

Legal experts advise businesses to fully understand what their insurance policies cover, with Nieman emphasizing that liability insurance does not protect against discrimination claims.

Public accommodation laws prohibiting discrimination based on sexual orientation and gender identity are upheld in the following states and territories:

• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Hawaii
• Illinois
• Iowa
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• Oregon
• Rhode Island
• U.S. Virgin Islands
• Vermont
• Virginia
• Washington