# Legality of limiting a movie theater to one gender only **URL:** \ **Category:** Factual Questions\ **Created:** [May 25, 2017, 8:27pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439 "2017-05-25T20:27:23Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 25, 2017, 8:27pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/1 "2017-05-25T20:27:23Z")
Given that this is a legal question I suppose the mods may move it to IMHO soon, but it is still more GQ in nature: So today there has been this big kerfuffle here in Austin, Texas on social media whereby Alamo Drafthouse (a movie theater) is going to have a showing of _Wonder Woman_ that is limited to female patrons only; no men allowed. This isn’t so much a question of the fairness/politics of it (although I suppose the thread will head in that direction inevitably sooner or later,) but rather, the legality of it. Texas on the whole is conservative but Austin is its most liberal pocket, so I suppose there is likely a clause covering gender issues - but wanted to know, generally speaking, when businesses can or cannot discriminate on the basis of patron’s gender, is this a federal, state, or city thing? For instance, with those stories about bakeries being sued for not providing gay wedding cakes - is that a matter of federal or state or city law? ---
**Author:** ![JcWoman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jcwoman/32/2889_2.png) [@JcWoman](https://boards.straightdope.com/u/JcWoman)\ **Post date:** [May 25, 2017, 8:30pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/2 "2017-05-25T20:30:21Z")
I think it’s a bit different. Alamo is doing \*\*ONE \*\*women-only showing but other showings were anyone can come. Using your bakery example, the bakery would have a “straight customers only” day of selling cakes, while they normally sell cakes to anyone. In terms of legalities, I think this kind of thing falls into standard business operations. Namely that businesses are allowed to have marketing promotions to special interests. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 25, 2017, 8:33pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/3 "2017-05-25T20:33:16Z")
Right, but is this a “public accommodation” issue? The relevant city ordinance seems to be this - [one cannot discriminate in a public accommodation on the basis of gender](http://www.austintexas.gov/department/equal-employment-and-fair-housing-office), etc.: I am not lawyer, so does “public accommodation” mean things like public restrooms, or more like, a private showing of a movie in which tickets are still being sold? ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 25, 2017, 8:35pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/4 "2017-05-25T20:35:30Z")
> [@JcWoman](#): > > I think it’s a bit different. Alamo is doing \*\*ONE \*\*women-only showing but other showings were anyone can come. \*\*Using your bakery example, the bakery would have a “straight customers only” day of selling cakes, while they normally sell cakes to anyone. \*\* In terms of legalities, I think this kind of thing falls into standard business operations. Namely that businesses are allowed to have marketing promotions to special interests. Even this sounds illegal though. If a restaurant had 10 tables, and one was “white-only,” they have run afoul of the law haven’t they, even though a black customer technically still had 9 other tables he could have sat at? ---
**Author:** ![Enginerd](https://avatars.discourse-cdn.com/v4/letter/e/bcef8e/32.png) [@Enginerd](https://boards.straightdope.com/u/Enginerd)\ **Post date:** [May 25, 2017, 8:37pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/5 "2017-05-25T20:37:28Z")
> [@Velocity](#): > > Texas on the whole is conservative but Austin is its most liberal pocket, so I suppose there is likely a clause covering gender issues - but wanted to know, generally speaking, when businesses can or cannot discriminate on the basis of patron’s gender, is this a federal, state, or city thing? For instance, with those stories about bakeries being sued for not providing gay wedding cakes - is that a matter of federal or state or city law? IANAL, but here’s my understanding of those two questions: [ol] [li]Sexual orientation isn’t covered by federal discrimination law. Bakeries that have been successfully sued for discrimination have generally run afoul of state or local laws.[/li][li]Gender _is_ a protected class under federal discrimination law, so any lawsuit over these showings _could_ proceed as a federal case. I’m sure there are also state and local laws that would govern it as well.[/li][/ol] ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [May 25, 2017, 8:40pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/6 "2017-05-25T20:40:05Z")
I _think_ that they’d be allowed to do “ladies half price”, or the like (at least, bars often seem to get away with that), but not “no men allowed”. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 25, 2017, 8:43pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/7 "2017-05-25T20:43:12Z")
Right - ISTM that the whole issue boils down to whether a private movie theater like Alamo Drafthouse is a “public accommodation” or not. Even if not, though, weren’t all those private bakeries still banned from discrimination under some particular federal code - in other words, “we’re a private business” is no cop out? ---
**Author:** ![ZonexandScout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zonexandscout/32/544_2.png) [@ZonexandScout](https://boards.straightdope.com/u/ZonexandScout)\ **Post date:** [May 25, 2017, 8:45pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/8 "2017-05-25T20:45:52Z")
> [@Chronos](#): > > I _think_ that they’d be allowed to do “ladies half price”, or the like (at least, bars often seem to get away with that), but not “no men allowed”. This doesn’t sound right to me either. IANAL, but I would question whether a store could advertise “50% off for white males.” ---
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [May 25, 2017, 8:47pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/9 "2017-05-25T20:47:13Z")
There are woman only gyms, aren’t there? ---
**Author:** ![busterpickle](https://avatars.discourse-cdn.com/v4/letter/b/258eb7/32.png) [@busterpickle](https://boards.straightdope.com/u/busterpickle)\ **Post date:** [May 25, 2017, 9:24pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/10 "2017-05-25T21:24:02Z")
> [@Velocity](#): > > Right, but is this a “public accommodation” issue? The relevant city ordinance seems to be this - [one cannot discriminate in a public accommodation on the basis of gender](http://www.austintexas.gov/department/equal-employment-and-fair-housing-office), etc.: > > I am not lawyer, so does “public accommodation” mean things like public restrooms, or more like, a private showing of a movie in which tickets are still being sold? Specifically: > **[Municode Library](https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT5CIRI_CH5-2DIPUAC)** > > MunicodeNEXT, the industry's leading search application with over 3,300 codes and growing! > [@](#): > > § 5-2-1 - DECLARATION OF POLICY. > (A) > It is the policy of the City to bring about through fair, orderly and lawful procedures, the opportunity of each person to obtain goods and services in a public accommodation without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. > (B) > This policy is established upon a recognition of the inalienable rights of each individual to obtain goods and services in a public accommodation without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or; and further that the denial of such rights through considerations based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an unjust denial or deprivation of these inalienable rights within the power and the proper responsibility of government to prevent. > Source: 1992 Code Section 7-2-1; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7. So, what a guy could do, is show up, be refused entry, call the non-emergency police number to wait for a LEO, have them write a citation, then use said citation as evidence in court. Whatever. I did not read the original link that pertains to this movie theater. An organization could probably rent out the whole place, and then make it a women only event. Then it’s not on the movie theater. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [May 25, 2017, 9:35pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/11 "2017-05-25T21:35:56Z")
Now that I think about, I’d gladly play along with the uterocracy on this if I could be the token male at the screening, even if it meant being a sycophant and quisling. The movie-going experience has gotten irritating enough - I anticipate men at a showing of _Wonder Woman_ will be driven by Y-chromosome herd instinct to competitive levels of hooting. ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [May 25, 2017, 9:37pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/12 "2017-05-25T21:37:00Z")
\ > [@](#): > > § 5-2-5 - COMPLAINT PROCEDURES. > > (C) - When a person alleging an unlawful public accommodation practice files a charge with the Equal Employment/Fair Housing Office (charging party), the director shall, not later than the 10th day after the charge is received, send notice of the charge to the owner, operator, or lessee of the public accommodation (respondent). Notice under this section shall include the date, place, and specific circumstances of the alleged unlawful public accommodation practice. It’s not a crime, so the police won’t want to get involved … \ … and if no one makes a complaint … it’s not a problem … but I agree by the letter of the ordinances the “women only” night is a violation of men’s civil rights … just the same if the movie theater said “whites only” night … ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [May 25, 2017, 9:38pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/13 "2017-05-25T21:38:29Z")
> [@](#): > > Quoth **Zonexandscout** : > > This doesn’t sound right to me either. IANAL, but I would question whether a store could advertise “50% off for white males.” I would question that, too, but gender is at a lower level of scrutiny than race, so it’s still possible. I don’t know what the legal theory is that supports “ladies’ nights” at bars; I just know that it happens, and it’s hard to believe that it’s never been tested in court. ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [May 25, 2017, 9:48pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/14 "2017-05-25T21:48:53Z")
> [@Chronos](#): > > I would question that, too, but gender is at a lower level of scrutiny than race, so it’s still possible. I don’t know what the legal theory is that supports “ladies’ nights” at bars; I just know that it happens, and it’s hard to believe that it’s never been tested in court. “Ladies night” at a bar doesn’t prohibit men from enjoying the public accommodation … it’s a bit of a grey area and note that theoretically the men also enjoy the benefit half-price drinks for the ladies when they’re buying … not to mention the benefit of having a bar full of drunk women … Does the Federal guidance provide a lower scrutiny in public accommodations for sex? … because I can assure you all protected classes get equal protection under Fair Housing Laws … a sign in the rental unit saying “no children allowed” is treated the same as “no blacks allowed” … a landlord just can’t do that … There’s an explicit exception in our State law that allows “55 and older” facilities, which includes the “no children” rule … I don’t know if the Feds have that as well … ---
**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\ **Post date:** [May 25, 2017, 9:53pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/15 "2017-05-25T21:53:54Z")
> [@Chronos](#): > > I _think_ that they’d be allowed to do “ladies half price”, or the like (at least, bars often seem to get away with that), but not “no men allowed”. And to add how far can this go. Is ladies night pay 1/2,000,000 price on drinks that are $2,000,000 each that night , effectively excluding men except a few from oil rich countries. ---
**Author:** ![TroutMan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/troutman/32/6721_2.png) [@TroutMan](https://boards.straightdope.com/u/TroutMan)\ **Post date:** [May 25, 2017, 10:45pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/16 "2017-05-25T22:45:52Z")
Ladies’ nights are legal in some states and not in others. [Wikipedia](https://en.wikipedia.org/wiki/Ladies%27_night) has a decent summary. In states where it is allowed, the argument typically is that the goal is to increase the number of women rather than decrease the number of men, or that men cannot demonstrate damage to themselves. There is no mention of any rulings in Texas. This would seem to be a different situation anyway, since the goal is obviously to decrease the number of men and a man could demonstrate damage. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 25, 2017, 11:11pm UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/17 "2017-05-25T23:11:56Z")
> [@TroutMan](#): > > Ladies’ nights are legal in some states and not in others. [Wikipedia](https://en.wikipedia.org/wiki/Ladies%27_night) has a decent summary. In states where it is allowed, the argument typically is that the goal is to increase the number of women rather than decrease the number of men, or that men cannot demonstrate damage to themselves. There is no mention of any rulings in Texas. > > This would seem to be a different situation anyway, since the goal is obviously to decrease the number of men and a man could demonstrate damage. If I understand you correctly, “Demonstrate damage” means that a man is being _banned from that particular movie showing, whereas Ladies Nights were upheld as legal as long as the men were still allowed to participate_, albeit not getting the discount that women get? In other words it’s OK to give a positive benefit to a race/gender/etc. but not OK to give a negative effect/harm to a race/gender. ---
**Author:** ![TroutMan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/troutman/32/6721_2.png) [@TroutMan](https://boards.straightdope.com/u/TroutMan)\ **Post date:** [May 26, 2017, 12:00am UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/18 "2017-05-26T00:00:08Z")
> [@Velocity](#): > > If I understand you correctly, “Demonstrate damage” means that a man is being _banned from that particular movie showing, whereas Ladies Nights were upheld as legal as long as the men were still allowed to participate_, albeit not getting the discount that women get? > > In other words it’s OK to give a positive benefit to a race/gender/etc. but not OK to give a negative effect/harm to a race/gender. As noted, several states ruled that ladies’ nights are unlawful, so I wouldn’t make the blanket statement that it’s OK. In the two cases from that Wiki article that allowed them, for Illinois it states “the court determined that the discount was intended to encourage women to attend the bar in greater numbers, rather than to discourage attendance by males.” For Washington, it sounds much narrower: > [@](#): > > In part, the court emphasized in its ruling evidence presented in the trial court that “women do not manifest the same interest in basketball that men do,” and that the discount was only one of many discounts and promotions, the others available regardless of gender. ---
**Author:** ![Johanna](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johanna/32/8318_2.png) [@Johanna](https://boards.straightdope.com/u/Johanna)\ **Post date:** [May 26, 2017, 12:03am UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/19 "2017-05-26T00:03:08Z")
Oh, for Hera’s sake, Velocity! It’s called a promotional gimmick. This sort of thing has a long history in motion pictures. Here, the concept is to recreate the island of Themiscyra for a day. What’s the harm? It’s integral to the WW legend. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 26, 2017, 12:12am UTC](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439/20 "2017-05-26T00:12:37Z")
> [@Johanna](#): > > Oh, for Hera’s sake, Velocity! It’s called a promotional gimmick. This sort of thing has a long history in motion pictures. Here, the concept is to recreate the island of Themiscyra for a day. What’s the harm? It’s integral to the WW legend. Again, this thread isn’t asking about the societal culture/politics/moral fairness of it, but rather, the \*legality \*of the issue. [Next page](https://boards.straightdope.com/t/legality-of-limiting-a-movie-theater-to-one-gender-only/787439.md?page=2)