Ladies Day at the Del Mar Thoroughbred Club
As of today, the Del Mar Thoroughbred Club‘s “Ladies’ Day” has been changed to “Ladies’ and Gentlemen’s Day.” (still looks like it is for women, cannot find any goodies for guys, but it is a good start on the road of redemption) How does that happen?
On July 26, 2011 we sent the world famous Del Mar Thoroughbred Club a letter advising them that their scheduled “Ladies Day” was discriminatory and violated a host of California laws, not to mention California’s constitution. The letter included a copy of the new Unruh Act brochure published by the California Department of Fair Employment and Housing (the agency charged with Unruh Act oversight) and a copy of an advisory letter from the California’s Attorney General, who is now the Governor; that is, Jerry Brown.
Shortly thereafter someone named Sue Nami sent Del Mar Fair Grounds CEO Tim Fennell a similar communication. Mr. Fennell responded:
Dear “SueNami”,
Interesting…..what is your view on Kids Day, Senior Day, Military Day?  Your thoughts regarding children five [5] and under getting free admittance to the fair or discounted tickets to the movies? FYI…The Padres have a U.S. Navy promotion day!!!! I think they may have a Navy Seal promotion day as well but you might overlook that one I hear those guys don’t have a great sense of humor. Also do you see any issues with the Ugly Dog show that is held at the fairgrounds? What about the good looking dogs???
-T
Sue Nami forwarded Mr. Fennell’s response to me. With minor revision here is are the relevant parts of the email sent in response to Mr. Fennell:
Mr. Fennell,
Your below email was forwarded to me. Regarding “Kids Day,” “Senior’s Day,” or children under five getting preferred pricing, note that while age is protected characteristic under the Unruh Act, although it is not listed in the Act, California courts have carved out a public policy exception for businesses that give discounts to children and seniors because these individuals often have no, little, or fixed incomes. See the attached Koire and Starkman  opinions. Military or non-military status, as well as ugly or pretty canines are not addressed by the Unruh Act or the California courts interpreting the Act.
Sex, however, is a protected characteristic under the Unruh Act, and businesses cannot treat customers differently based on their sex, and the California Supreme Court and Attorney General and Department of Fair Employment and Housing have all specifically held that Ladies Day or Ladies Night promotions that treat patrons different based on the patrons’ sex violate the Unruh Act. Surely, the 22nd District Agricultural Association doesn’t advocate treating male patrons to your Del Mar facilities better than female patrons or vice versa, or does it?  Or be okay with a Caucasians’ Night that treats Caucasian patrons differently than patrons of color?
My son is career Army, did three tours in Iraq, and is now a bodyguard and driver for one of our military leaders overseas. I’m a founding member of or a veteran’s organization… Oh, I almost forgot, I was in the Air Force.
Harry Crouch
Gandhi, “First they ignore you, then they laugh at you, then they fight you, then you win.”
Join me on facebook http://www.facebook.com/people/Harry-Crouch/597153128
It’s call activism. Meaning, that’s how it happens, that is how one stops discrimination, one gets active and in polite and well researched terms explains why it is not Ok to discriminate based on gender. Not complicated. Anyone can do it, including you.
Have you joined NCFM yet or are you just waiting for someone else to stop others from discriminating against you and those you love? Think about it.
