# Senior Discounts - Why are they not illegal? **URL:** \ **Category:** Factual Questions\ **Created:** [August 17, 2001, 1:00am UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666 "2001-08-17T01:00:09Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![evilhanz](https://avatars.discourse-cdn.com/v4/letter/e/ba8739/32.png) [@evilhanz](https://boards.straightdope.com/u/evilhanz)\ **Post date:** [August 17, 2001, 12:49pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/21 "2001-08-17T12:49:22Z")
> [@](#): > > \*Originally posted by Bill H. \* > Come on. You can’t seriously believe that those 10% off at Dennys deals are mandated by laws passed by Senior Citizen voters. Or do you? Of course I don’t believe they’re mandated by law. silly. > [@](#): > > This bitterness thing won’t make your life better now, and it’ll just make you all the angrier when you make it to 70 and discover you’re slower, have more pain, ain’t getting any respect from those damn kids and you’ll never be young again. Let it go, my friend. Hahahah. You misunderstand Bill. I’m not bitter. I’m merely looking at this issue pragmatically. I have more than enough money to easily afford anything that a senior citizen might get on a discount. Have you ever stood in line behind a senior looking for a handout … I mean discount? You would think they fought World War II _just_ to get 10% off on early bird Wednesdays. 🙂 I guess it’s the sense of entitlement that rubs me the wrong way. Wow - you didn’t die - good for you! I’m fully aware that one day, I too will receive the same preferential treatment if I don’t accidently step in front of a bus, but damnit, the kids already don’t resepct me. 🙂 ---
**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\ **Post date:** [August 17, 2001, 2:00pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/22 "2001-08-17T14:00:29Z")
> [@](#): > > \*Originally posted by Philosophocles \* > \*\*Unlike race, age is not considered a “suspect classification” and thus is not subject to strict scrutiny. \*\* What is this “suspect classification”? It’s against the law to discriminate due to age, religion, or sex, if you offer goods or services to the public. The law sets up age 45 as the demarcation age. However, it is usually applied the other way. You have to know that not all discrimination is illegal or unconstitutional. If there is a reasonable basis for the discrimination, it’s OK. Many senior citizens are on a fixed income, some only on Social Security. ---
**Author:** ![sailor](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@sailor](https://boards.straightdope.com/u/sailor)\ **Post date:** [August 17, 2001, 2:44pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/23 "2001-08-17T14:44:47Z")
We discussed this recently in a thread about young drivers paying higher insurance premiums. It comes down to one thing: you are free to offer any terms for your goods and services; you are _not_ obligated to treat everyone the same. You can give discounts for buying more, or for buying less or for _any_ other reason you fancy or for no reason at all _except_ those expressly prohibited by law (race, etc). Even these are probably only applicable to places and businesses who serve the public. As a private citizen I am probably free to demand 10% more for my home if you are white as long as I do it privately because OTOH the real estate agent cannot go along with this. If the government mandated equal prices for everybody that would be a really big law which would cause much more trouble than it resolved. ---
**Author:** ![lawoot](https://avatars.discourse-cdn.com/v4/letter/l/35a633/32.png) [@lawoot](https://boards.straightdope.com/u/lawoot)\ **Post date:** [August 17, 2001, 3:56pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/24 "2001-08-17T15:56:42Z")
Some theatre groups have given serious thought to discontinuing the ‘senior discount’, as the group that gets the discount is, in some places, the largest segment of their audience; they usually have the most disposable income; and are most likely to continue to come anyway. Also, they were thnking of giving a ‘youth discount’ as a way to: increase the core audience size; and to introduce younger people to theatre who normally wouldn’t go because of the price. Don’t think that anyone ever followed through on this, though. ---
**Author:** ![Wumpus](https://avatars.discourse-cdn.com/v4/letter/w/8c91f0/32.png) [@Wumpus](https://boards.straightdope.com/u/Wumpus)\ **Post date:** [August 17, 2001, 4:02pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/25 "2001-08-17T16:02:27Z")
sailor: A common example of not offering your services to everyone on the same terms is “no shirt, no shoes, no service.” Karellen: The reason seniors get discounts isn’t because of the perception that they “need it.” The reason is that seniors have more elastic demand for the good in question. The belief is that seniors have more time on their hands, and thus are more likely to be able to shop for bargains than the 35-year old single mother (even if they’re richer.) So to attract the bargain-hunting seniors, they get a price break. The resident discounts in Hawaii are similar. The tourist attractions are No Big Deal to the locals, hence it takes a lower price to bring them in. Economists call this price discrimination (an unfortunate term, since it turns out not to be a Bad Thing.) You see it everwhere, in things like auto trade-ins, software upgrades, “Buy X, get one free” deals, discount clubs, etc. ---
**Author:** ![Godfrey\_Daniels](https://avatars.discourse-cdn.com/v4/letter/g/9e8a1a/32.png) [@Godfrey\_Daniels](https://boards.straightdope.com/u/Godfrey_Daniels)\ **Post date:** [August 17, 2001, 6:53pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/26 "2001-08-17T18:53:13Z")
_PlanMan wrote:_ > [@](#): > > “We Don’t Serve Senior Citizens” _originally posted by mangeorge_ > [@](#): > > Now that would be illegal. Not to mention tough and stringy! (couldn’t resist) ---
**Author:** ![FallenAngel](https://avatars.discourse-cdn.com/v4/letter/f/5daacb/32.png) [@FallenAngel](https://boards.straightdope.com/u/FallenAngel)\ **Post date:** [August 17, 2001, 6:56pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/27 "2001-08-17T18:56:49Z")
I have a problem with individual preferential treatment, period. I hope I’d have the same problem if a bar had “31 year old guy nite”, but I’ve not had the opportunity to test my hypocrisy that far. Now, membership discounts make sense to me. AAA members getting a hotel discount, etc. There’s a solid cross marketing justification there. So, I don’t have any problem with AARP discounts, event though age is obviously a necessary factor there. I was going to do a hijack on another age-related issue, but I think I’ll start another thread instead. ---
**Author:** ![cmburns](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@cmburns](https://boards.straightdope.com/u/cmburns)\ **Post date:** [August 17, 2001, 7:27pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/28 "2001-08-17T19:27:29Z")
Mangeorge wrote: quote: “You’re not being charged extra, we’re being charged less. There is a difference.” I don’t see any difference between a company saying their standard price is $10 but seniors get a $1 discount, versus a company saying their standard price is $9 but all non-seniors have to pay $1 extra. The first one sounds nicer, but it’s the same thing. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [August 17, 2001, 9:41pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/29 "2001-08-17T21:41:02Z")
> [@](#): > > How about ladies night at bars & clubs? Or the different prices paid at hair salons? In my town a group of men did sue a couple years ago over discounted drink prices available to women and not men. The judge found that Ladies Nights did illegally discriminate on the basis of sex. As for the styling price differences, I think the general excuse is that women’s hairstyles are usually more elaborate, thus more time-consuming, thus more costly. > [@](#): > > (Incidentally, I once took a female companion into a gay go-go bar. They charged her double for her beer. On another occasion I went to a lesbian disco. They charged me the same, but only let me in after asking if I was gay. “We only let gay men in” was their policy. Rather than point out that they had become the fascists they were supposedly fighting, I just lied. They believed me. Good thing I wore a clean shirt…) IANAL. The first instance is obviously sex discrimination. The lesbian bar was engaged in discrimination on the basis of sexual orientation rather than sex. This unfortunately is legal on the federal level and in 37 states, and while I don’t condone their actions I do understand it. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [August 17, 2001, 9:54pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/30 "2001-08-17T21:54:28Z")
> [@](#): > > \*Originally posted by cmburns \* > \*\*I don’t see any difference between a company saying their standard price is $10 but seniors get a $1 discount, versus a company saying their standard price is $9 but all non-seniors have to pay $1 extra. The first one sounds nicer, but it’s the same thing. \*\* Sure there is. One’s a 10% discoount. The other’s a 11.11% markup! That settles it; it’s even worse for us young’uns. Let’s hope all the old folks don’t pass a curfew for those of us under 55… 🙂 ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [August 18, 2001, 12:23am UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/31 "2001-08-18T00:23:00Z")
> [@](#): > > Let’s hope all the old folks don’t pass a curfew for those of us under 55… Hmmm… Let me get to the AARP on this one. Good idea, **Balthisar**. 😃 BTW; I’m noy quite there yet (I’m 56) for the discounts in most places. But in a few more years… whoopie!!! Peace, mangeorge ---
**Author:** ![Kbean](https://avatars.discourse-cdn.com/v4/letter/k/9e8a1a/32.png) [@Kbean](https://boards.straightdope.com/u/Kbean)\ **Post date:** [August 18, 2001, 12:39am UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/32 "2001-08-18T00:39:09Z")
I don’t know very much about the laws pertaining to this subject, but I agree with Cisco, It most likely because anyone can be a senior citizen (if they’re lucky). ---
**Author:** ![Kalt](https://avatars.discourse-cdn.com/v4/letter/k/b9e5f3/32.png) [@Kalt](https://boards.straightdope.com/u/Kalt)\ **Post date:** [August 18, 2001, 1:06am UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/33 "2001-08-18T01:06:03Z")
What is the difference between a bar having ladies night - offering half price for women’s cover charge on Friday nights… but if Blockbuster Video decided that it would cost $1 for a woman to rent a video, and $5 for a man to rent a video, that would start some lawsuits, and i really don’t think the only difference is that blockbuster video is so much larger with such deeper pockets than the bar. Most people don’t complain about ladies night, but i think a lot of people would complain about the discrepancy in video rental prices. Why? ---
**Author:** ![Turbo\_Dog](https://avatars.discourse-cdn.com/v4/letter/t/ce73a5/32.png) [@Turbo\_Dog](https://boards.straightdope.com/u/Turbo_Dog)\ **Post date:** [August 18, 2001, 1:20am UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/34 "2001-08-18T01:20:19Z")
Dunno about Senior Discounts, but as far as ladies nights, I remember a People’s Court episode where three guys sued because they had to pay a cover charge. Open and shut case in about 5 minutes. According to Wapner, it is, or at least was, discrimination, by the letter of CA law, and they were entitled to the minimum judgement, which was, IIRC $300 (they were asking for a couple thousand, I believe). He was not happy with them and called them something (I can’t remember) but it wasn’t flattering. They even admitted to him that they actually made this a routine practice. They just drove around looking for ladies nights, and when they were discriminated against, they took the bars to court where it was basically an automatic win. Ingenious yes, but rather pathetic and disgusting I thought. ---
**Author:** ![Gozu\_Tashoya](https://avatars.discourse-cdn.com/v4/letter/g/7993a0/32.png) [@Gozu\_Tashoya](https://boards.straightdope.com/u/Gozu_Tashoya)\ **Post date:** [August 18, 2001, 2:34am UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/35 "2001-08-18T02:34:13Z")
> [@](#): > > \*Originally posted by AudreyK \* > \*\* > > > [@](#): > > > > \*Originally posted by BobT \* > > **In Hawai’i, locals get discounts on all sorts of things. I haven’t heard many complaints about that from Hawaiians.** > > Not really “all sorts of things”. You see resident discounts on things like hotel rooms, park admissions, Waikiki shows… basically, touristy stuff that the locals don’t all do or need. \*\* Oh, come now, there’s always need for hotel rooms. 😉 ---
**Author:** ![sailor](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@sailor](https://boards.straightdope.com/u/sailor)\ **Post date:** [August 18, 2001, 6:36am UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/36 "2001-08-18T06:36:43Z")
\>\> I have a problem with individual preferential treatment Welcome to the real world. I really do not understand this concept that the world should be “fair”. I should be free to sell my stuff on any terms I see fit. Stores with fixed prices are a relatively new thing in history and then only because it serves the purpose of expediting sales, saving the customer haggling etc. It is a good sales tool. But companies have no obligation to sell to everyone in the same terms and that is the freedom of the market. God save us if the government starts regulating how we buy and sell. I can just imagine what it would be like if discounts had to be authorised by some government office. (Yes, mr. Customer, here is your coupon for a 32 cent rebate which you need to take to the Government Office of Price Variances and have it stamped before we can honor it) Sellers and buyers are free to agree on any conditions they see fit. Sellers try to get the best deal out of every buyer and buyers the best deal out of every seller. No two passengers on a flight have paid the same fare. The airlines don’t tell you directly but they have a system which tries to extract the highest dollar out of everyone. Telephone companies have “calling plans”… every industry has its system to get the best deal. Do you _really_ want the government regulating prices and sales terms? There would be no faster way to make the economy go to hell in a handbasket. Supply, demand, prices, they change by the hour and by the minute. The market takes care of all this quite well all by itself. Now get the government involved in at what price should tomatoes be bought and sold this week and pretty soon there are no tomatoes to be had at any price. ---
**Author:** ![poohpah\_chalupa](https://avatars.discourse-cdn.com/v4/letter/p/91b2a8/32.png) [@poohpah\_chalupa](https://boards.straightdope.com/u/poohpah_chalupa)\ **Post date:** [August 18, 2001, 1:08pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/37 "2001-08-18T13:08:24Z")
There’s an art supply store here in California whose trademarked slogan is “The Home of the Human Being Discount.” …they’ve pretty much covered everybody with that one (although there are occasional lawyer/politician jokes…) ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [August 18, 2001, 3:36pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/38 "2001-08-18T15:36:32Z")
> [@](#): > > \*Originally posted by KKBattousai \* > \*\* > > > [@](#): > > > > \*Originally posted by AudreyK \* > > \*\* > > > > > [@](#): > > > > > > \*Originally posted by BobT \* > > > **In Hawai’i, locals get discounts on all sorts of things. I haven’t heard many complaints about that from Hawaiians.** > > > > Not really “all sorts of things”. You see resident discounts on things like hotel rooms, park admissions, Waikiki shows… basically, touristy stuff that the locals don’t all do or need. \*\* > > Oh, come now, there’s always need for hotel rooms. 😉 \*\* You could play golf or rent a car. 🙂 ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [August 18, 2001, 8:52pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/39 "2001-08-18T20:52:45Z")
When you look at the law you don’t look at the words. You look at the intent. For example the 13th amendment says “No involentary servitude.” The draft IS clearly involentary servitude. But the INTENT of the 13th amendment is slavery. So the draft doesn’t apply. Senior discounts don’t have the intent of discriminating. The motive is economic. Same for ladies nights. It is to draw in customers that wouldn’t come. Do you think bars would have ladies night if no ladies came? People have come to belelive discrimination of any kind is illegal. This is not so. You may certainly discriminate in most places on the bases of sexual orientation. In Illinois for instance benefits for jobs are entirely optional. So I could say everyone that has size 5 shoes gets free benefits. This is legal. Why? Because there is no law against it. You can discriminate so long as there is no law saying you can’t. (race etc) But again the key here is intent. Discounts are based on economic motives. Early bird specials. To get people in resturants when it is slow and they are paying staff to do nothing. Cheaper hotel rates for longer stays. Why? It is less money to clean rooms as stay overs. And the list goes on… ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [August 18, 2001, 8:54pm UTC](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666/40 "2001-08-18T20:54:58Z")
Oh also the state resident benefits. This was decided in the early 80s when the supream court said out of state tuition isn’t discriminitory as the states have a prevailing interest to look after thier own citizens. [Previous page](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666.md?page=1) [Next page](https://boards.straightdope.com/t/senior-discounts-why-are-they-not-illegal/76666.md?page=3)