California Restaurant Closes Following ‘Ladies Night’ Gender Discrimination Lawsuit

A family-owned restaurant in the San Francisco Bay Area, Lima Restaurant in Concord, is permanently closing. Chef and owner John Marquez stated the closure is due to a lawsuit settlement that drained the restaurant's financial resources, making continued operations impossible.

The lawsuit centered on the restaurant's "Ladies Night" promotion. Plaintiffs alleged the practice was discriminatory because it offered women discounted drinks while men paid full price. The lawsuit cited violations of California's Unruh Civil Rights Act, a comprehensive 1959 law prohibiting discrimination in public accommodations, business, and housing.

The Unruh Act is explicit and applies even when there is no bad intent, making it difficult for defendants like Marquez to win at trial. Consequently, many small business owners facing similar legal actions choose to settle out of court, as Marquez did.

While "Ladies Night" has been a popular marketing tactic to attract women (and subsequently men) to restaurants, it is declining due to legal challenges under laws like the Unruh Act. Although the legal basis for such discrimination claims is sound, some critics view these lawsuits as frivolous or opportunistic.

The article notes similar gender discrimination lawsuits are occurring elsewhere in California, like one against the Fresno Grizzlies minor-league baseball team for a women's free entry event. Furthermore, at least 22 states and the District of Columbia have detailed laws prohibiting gender discrimination by business establishments.