Settlement reached in class-action lawsuit over ladies’ night

A tentative settlement agreement has been reached in a class-action lawsuit involving a Gaslamp Quarter nightclub’s “ladies’ night” events that allegedly discriminated against men and non-binary individuals. The lawsuit, filed by two men in 2020, claimed that they, along with other men and non-binary individuals, had to pay full cover charges and undergo security frisking while women were granted free entry or discounted rates without being frisked.

According to court documents, the parties involved in the lawsuit have agreed to a $7 million settlement, pending approval from San Diego Superior Court Judge Matthew Braner. The hearing to determine the fairness, reasonableness, and adequacy of the settlement is scheduled for August 29. At the heart of the legal battle is the Unruh Civil Rights Act, a California law that prohibits businesses from discriminating based on protected characteristics, including sex.

The class-action suit encompasses men and non-binary individuals who attended the events, paid full cover prices, and were subjected to frisking from April 2015 onwards. The proposed settlement does not entail an admission of liability or wrongdoing by the nightclub. The two plaintiffs, Alex Maystrenko and Steve Frye, are set to receive $25,000 each for their roles as class representatives.

While the named plaintiffs are awaiting their payouts, potential members of the class will be informed of the settlement and their eligibility to file a claim. The defendants have provided a list of 34,325 individuals who purchased tickets to Omnia Nightclub between specific dates, and emails will be sent to potentially 17,000 class members. These recipients may qualify for a portion of the settlement, with payouts ranging from $245 to $4,000 per person, depending on the number of accepted claims.

Additionally, up to 40% of the settlement fund may go towards legal fees, service fees, and other expenses related to the lawsuit. Any unclaimed funds will be donated to the Legal Aid Society of San Diego and Sunshine Ranch Therapeutic Riding, a charity that caters to children with special needs. A related lawsuit filed separately by two men earlier this year has been deemed connected to the class-action suit, showcasing a broader legal push against discriminatory “ladies’ night” practices.

Attorney Alfred Rava, who represents the plaintiffs in the related suit, emphasized disapproval of discrimination based on gender and expressed uncertainty regarding the impact of the separate lawsuit on the proposed settlement. As legal proceedings unfold, the community awaits the upcoming hearing to determine the finalization of the settlement and the resolution of this class-action lawsuit.