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Den Hollander, who was admitted to the Nightclubs under this admission regime, attributes these pernicious “Ladies’ Nights” to “40 years of lobbying and intimidation, [by] the special interest group called ‘Feminism’ [which] has succeed in creating a customary practice ... of invidious discrimination of men.”
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Quoted because people really
do waste the courts' time with suits like this. All. The. Time.
What's interesting about the next part is that gun shops are also subject to an "extensive regulatory system." It could be (unsuccessfully) alleged that they are "state actors" as well under that interpretation:
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Den Hollander alleges that the Nightclubs engage in state action by selling alcohol on their premises under an extensive regulatory system. According to the amended complaint, the Nightclubs operate in New York and are licensed to sell alcohol on their premises. The New York Alcoholic Beverage Control Law (the “ABC Law”) closely regulates the manufacture, sale, and distribution of alcoholic beverages in New York, and the New York State Liquor Authority (the “SLA”) issues licenses in accordance with and oversees the implementation of the ABC Law.
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Of course, Lord help us from the BLEAK FUTURE predicted here:
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The district court dismissed Den Hollander’s Section 1983 claim after concluding that the Nightclubs were not state actors. Without action on our part, Den Hollander paints a picture of a bleak future, where “none other than what’s left of the Wall Street Moguls” will be able to afford to attend Nightclubs. Because, however, we agree with the district court that Den Hollander has failed to sufficiently allege state action, we must affirm.
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I'm thinking someone was chuckling when they wrote that. Barring a new and novel strategy, I forsee Derrick Hunter's lawsuit failing as well.
...and in the process, wasting the court's time and taxpayers' money.