Bay Area restaurant closes after ‘frivolous’ gender discrimination lawsuit over ‘Ladies Night’

John Marquez, the chef and owner of Lima Restaurant, said the lawsuit filed last year has cost his restaurant tens of thousands of dollars. "We haven't fully recovered from the recent discrimination lawsuit related to our ladies' night discount," Marquez told KRON-TV, explaining that the restaurant has been unable to keep up with business operations due to a "frivolous lawsuit that took us down."

Marquez stated that the restaurant had been hosting a "Ladies Night" once a week for several years, with female guests receiving half-price wine and cocktails for three hours. He feels his company was targeted by "ambulance-chasing lawyers" attempting to capitalize on the state's gender inclusion laws.

Patrons who regularly frequented the establishment were not pleased with the announcement of Lima Restaurant's imminent closure after more than a decade in business. John Dias, a beloved regular, defended the restaurant and told the network: "Promoting one gender does not discriminate against one gender." His friend Mel Ludehese also chimed in, saying, "Hello, I'm a lady. If I want to go out with the girls, it doesn't seem like a rude thing to do."

The California Supreme Court ruled in 1985 that similar "ladies' day" advertising at establishments such as nightclubs and car washed violated the Unruh Civil Rights Act of 1959, the New York Post reported. Discrimination on the basis of sex, race, color, religion, ancestry, national origin, sexual orientation, and immigrant status is illegal under state law. Other state courts have determined that "ladies night" marketing may be unlawful, including those in Washington, New York, Maryland, Pennsylvania, Minnesota, New Jersey, and Wisconsin.