California family restaurant closes after gender discrimination lawsuit over ‘ladies’ night’ promotion
Family-run restaurant Peruvian Lima in Concord, Calif., served its last meals on New Year’s Eve after being financially crushed by the weight of a recent lawsuit.
Lima found herself in the national spotlight for hosting a weekly promotion of a ladies’ night. This promotion was once a common and very lucrative practice of offering drinks at discounted prices to attract women to the bar. However, chef/owner John Marquez he told the New York Post that the gender discrimination lawsuit filed last year cost his restaurant tens of thousands of dollars.
“We haven’t fully recovered from the recent discrimination lawsuit related to a discount on our ladies night,” Marquez told KRON-TV recently. He further suggested that to the media that the people behind the lawsuit are likely not local residents, but “quick-chasing lawyers” looking to take advantage of California state laws.
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He told a similar story ABC7 News, – It is a frivolous lawsuit that brought us down.
But California law in the books does show that companies should provide “full and equal customization” regardless of customer identity.
Unruh’s Civil Rights Act, decades-old California law, states that “all persons within the jurisdiction of this state are free and equal, and without regard to their sex, race, color, religion, origin, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language or immigration status have the right to full and equal accommodation, advantages, benefits, privileges or services in all business establishments of every type.”
CNN coverage about this latest incident, she quoted University of San Diego business law and ethics professor Rebecca Nieman as warning, “A lot of these little mom-and-pop bars honestly may not know about this law,” and that that’s exactly why such lawsuits still happen to “exceptionally small owners”.
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But more businesses than restaurants are facing the consequences of this California law.
The Fresno Grizzlies, a minor league baseball team, faced a similar lawsuit, reportedly being sued for $5 million after allowing women free admission to promote a “ladies’ night” last year.
The plaintiffs in that case were represented by Alfred Rava, a San Diego-based attorney who also sued the Oakland Athletics in a joint action over giving away a free plaid hat for Mother’s Day.