Regarding Walter’s post below, I’d just like to point out that the judge probably had no choice in declining to dismiss the lawsuit. Indeed, the plaintiffs may very well win.
What is often overlooked (but not by Walter) is that California has a monstrous law called the “Unruh Act” that specifically authorizes such a cause of action for what most people consider harmless, de minimis gender-based discrimination.
I’ve heard that there are California law firms that specialize in Unruh claims. I can remember back in high school watching Judge Wapner of “The People’s Court” arbitrate an Unruh claim over a “Ladies’ Night” at a California bar — the male plaintiff won.
So, we are dealing here not with a frivolous lawsuit, but with a frivolous law. Passed by frivolous politicians.
To whom, for some reason, judges are supposed to show great deference. Go figure.
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This probably wouldn’t even be in the news if the plaintiff were female. Whatever one may think of the merits of the instant case, the real news here is that men’s discrimination suits are frivolous. Few would dare suggest in public, and none in the mainstream media, that any such suit brought by a woman is frivolous. Discrimination against women is apparently never harmless or de minimis. Don’t get me wrong, I think this suit is stupid, and there are far bigger fish for men to fry (family court anybody?), but the unexamined bias of some of those complaining about it should be exposed.
I suppose that there is some judge somewhere in California who might have the courage and common sense to rule that the giving of a token gift does not constitute an “…accommodation, advantage, facility, privilege, or service…” that legislature intended to protect (if that’s not giving them too much credit).
But not on a 12(b)(6).
Bob,
It might not make the news (much), but it makes the headlines here.
You may be right about the MSM, but they have so many problems as to be unsalvagable already, so that’s not news. Yes, sexism in this country is alive and wll, it just switched teams. (Same thing with racism.)
Around here, we’d be complaining equally if it was a woman sueing for not getting a commemorative jock-strap on Father’s Day.