I'm short, fat, old, and ugly. The bouncer at the newest club doesn't admit me. Legal?

See subject. For the record, I am not s., f., o., and u. Opinions may vary.

First Amendment issue?

Private club, their rules. And really - first amendment? Might as well say it’s a Third Amendment issue. I mean, you entering the club is kinda like “quartering”.

No it’s a power, money and aesthetic issue, and his judgement of how likely you are to spend money on bottle service. No one is guaranteed entrance to a club that touts discrimination against people like you as one of its selling features.

Until amended, the 1964 Civil Rights Act doesn’t recognize short, fat, old, or ugly as protected classes for admission to places of public accommodation. If you don’t get admitted because of your race or religion, then we can talk…

Legally they can refuse you entry for any of the reasons you list. They can not refuse you entry because of your membership in any “protected class.” For example, they can’t turn you away because of your race or sex, but they can turn you away because of your weight, height, or appearance.

…and probably should.

First Amendment sounds right, it’s a freedom of association issue.

You don’t have freedom to associate with people who don’t want to associate with you.

First Amendment doesn’t apply to a private club, which is what the OP seems to suggest.

I fail to see how that comes into it. The First Amendment protects the right of people to meet to promote their common interests. That doesn’t give you the right to meet on someone else’s private property.

A related issue. How about the ladies night where women drink free? How do they legally get around that?

If the OP were exceptionally short, awesomely fat, or terrifically ugly would / could there be applicable protections under ADA?

Sometimes they don’t-

http://en.wikipedia.org/wiki/Ladies’_night

Interesting. Obviously, it wouldn’t be good for the vibes to have a guy in a wheelchair or a blind man with full dog guide apparatus and dog.

ADA regulations have been scammed before (I am covered by ADA, and am familiar with it), but say the wheelchair guy was into watching young girls dance, he could bring charges, right?

It comes up occasionally. I think the answer is they don’t get around it legally. As the arrangement generally provides social advantages to both genders it’s rare you find a complaining party.

What about my First Amendment right not to have to associate with short, fat, old, ugly losers?!

I meant, it’s legal because of freedom of association

What is the difference between a “night club” and a “bar”? AFAIK, these clubs don’t have paying members. The only difference I know of (besides possibly the sound system and dance floor) is someone standing outside and deciding who is worthy of getting in.

So, really, any business at all can do this. A corner grocery store could have someone at the door deciding you’re not cool enough to buy your Cap’n Crunch there. How much sense that makes economically is an entirely different question.

The Amendment which says that Congress will not pass laws which infringe on certain freedoms? Unless the bouncers are Congress, and their refusal to admit you is the creation of a new act of law, I’m voting no.

Isn’t age discrimination protected?