Actually, she cited Austin law as forbidding discrimination and he only had allegations. No one bothered "refuting" the claim because a ladies' night generally doesn't constitute discrimination.
The law in question, as linked by Trident earlier in the thread, seems pretty cut-and-dry as far as Austin is concerned.
Austin City Code said:§ 5-2-4 - PROHIBITED PRACTICES.
(A) A person is entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a public accommodation, without discrimination or segregation based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
(B) A person, including the owner, operator, or lessee of a public accommodation may not directly or indirectly exclude, segregate, limit, refuse or deny a person the accommodations, advantages, facilities, benefits, privileges, services, or goods of the public accommodation based on race, color, religion, sex, sexual orientation, gender identification, national origin, age, or disability.
(C) A person, including the owner, operator, or lessee of a public accommodation, may not circulate, issue, display, post, mail, or publish a statement, advertisement, or sign that indicates that the accommodations, advantages, facilities, benefits, privileges, services, or goods of the public accommodation will be denied to an individual based on race, color, religion, sex, sexual orientation, gender identification, national origin, age, or disability, or that the patronage or presence of an individual is objectionable, unwelcome, unacceptable, undesirable, or unsolicited based on race, color, religion, sex, sexual orientation, gender identification, national origin, age or disability.
While there is no showing either way of a violation of (B), as the screening has not yet happened, Alamo's marketing of the event appears to be a pretty clear violation of (C).
There is no de minimis exception in the city code. The only exceptions are for facilities owned by government entities and for private clubs that are not open to the public.
As for your latter point, that is dependent on jurisdiction. You cannot make that claim for the US as a whole.
He's challenging it on an employment law basis as per the OP. But given that it's merely about staffing for that night it's meaningless.
This is what's hilarious. Nobody's being prevented from seeing wonder woman at the same establishment at the same time as the women's viewing. Trying to cite the law as though men are prevented from accessing goods and services from the Drafthouse is idiotic.
It's awesome that you're passionate about the screening, but to put your fingers in your ears and dismiss any potential legal issues is no different than Trump screaming "Fake News" at anything he doesn't like.
It only takes one person to file a lawsuit, and courts are generally obligated to follow the law as written, conflict of law and unconstitutionality arguments excepted.
Thinking "It's no big deal" is what leads to situations like restaurants getting sued (and losing) for thousands of dollars because they were one inch out of compliance with ADA law. For better or worse, the details matter when it comes to legal questions.
It's 100% on The Alamo Draft House imo.
Instead of presenting it in a positive way, describing it as events "For Women", they had to go the extra mile (probably to be controversial) and specifically include text to exclude based on gender.
Embarrassing indeed that something that should have been an empowerment event became a controversy about exclusion.
To be fair, I think the way the initial publicity and Facebook responses were terribly handled and left the Alamo Drafthouse extremely vulnerable to people like him, who have the legal knowledge to screw them over for the heck of it.
A better language would've not only protected them from this, but I'm pretty sure it would've also conveyed the message (and enraged the people it originally enraged).
These two posts nail the underlying issue as far as the legal perspective is concerned. A simple change in how the screening was advertised and promoted would have prevented any possible legal exposure and had the same net effect.
This isn't a position that is any way critical of the idea of the event itself, yet from reading this thread, it seems like the vast majority of posters want to crucify anyone who points it out.
Nobody needs to see a specific screening at all. A company saw a chance to do a fun gimmick and make some money. It's in a tiny theater. People who don't actually care pretended to care and THAT is what pissed me off. The disingenuous whining for the sake of it.
They do "tough guy cinema" once a month. They do gay events. People got mad over the wording of a silly thing that will literally not negatively effect anyone.
Unfortunately, the wording is what opened the door for their attackers.
Noting that this event was only scheduled for Austin, my guess is that Alamo only reviewed restrictions on a state level and not the city level. State law would explain why Alamo didn't advertise the same event at the SF location. And if you go just by Texas state law, there doesn't seem to be an issue. It's just the Austin law that popped up in this case.
Even if the theather didn't let them in to the screening, it would still be legal too.
That's not the way it works.
Guess we'll have to see what ends up happening when the equality justice warrior walks in demanding they be let in.
I'm hoping they have another theater availlable at the moment and guide them to that screening, leaving one theater for women only and another one for those that decided to come to make a statement.
You can assume that anyone showing up with a ticket would be ready to file a complaint should they be turned away, so the smart thing to do would be to admit them and then kick them out for disruption if they get an inch out of line.
It sucks for those that just want to have a fun time, but it's the only real way to deny those that want to make a statement, as you say. Denying them admission or pushing them to another theater, will only give them a platform.
Hey guys how do we feel about women segregating themselves in their own bathrooms when are we underground railroading into their toilets?
Different topic, but I've long said there's no real reason to have separate bathrooms. Stalls for individual privacy, sure, but separate bathrooms, nah. Everybody poops.
Westfield Mall in downtown SF did this a few months back. The world didn't end.
This is a fair point (although the link you just gave suggests no such holding has occurred in Texas), but my question would be this -- do you get the impression that any of the debate here, across the thousands of posts on the subject on GAF or the bazillions of tweets or comments section comments, is actually about the narrow technical details of the legality, or do you think it's stemming from a broader moral anger?
One presumes that there is not, even in places where such things are technically illegal, there is no great protest and social disruption surrounding "Ladies Night" (or "Singles Night", or "Couples Night", or "Kids Night" or...)? As a posted above noted, this seems like a clear cut de minimis harm.
I'm totally on board with the idea that if this is illegal, Alamo should receive an injunction and be asked to pay a fine commensurate with the harm (I'm thinking a 10% off popcorn coupon to be split between the plaintiffs would deal with this grievous injustice). But that seems totally secondary to the "is this something that boils my blood?" question.
I am generally interested in narrow legalistic debates. But we don't have a thread about how the Supreme Court narrowly ruled that fish don't count as documents under Sarbanes-Oxley or whatever, so I suspect that's not the draw here.
A thread in which the OP focuses on the legal arguments seems like the ideal place to discuss the finer points of the law in question. If it was just about the broader moral anger, then why have a separate thread?
Of course now you've got me reading about fish in the middle of the night.
Texas still has at least one men-only golf club. I'm guessing whatever court this hits wouldn't wanna rock that boat.
The Austin code exempts private clubs.
Did you people miss the absolutely incredible email response Austin mayor Steve Adler sent to some asshole complaining about the whole thing? It's buried in the OP and WaPo story but I searched the thread for Adler and hacked and didn't see it: It's this century's Cleveland Browns response.
This mayor is gold.
That was an amazing response and the mayor deserves massive kudos for it.