Men’s rights activist sues another SLO County business over Ladies Night promotion
For the fourth time in seven years, an Orange County men’s rights activist is suing a San Luis Obispo County business for alleged gender discrimination over a Ladies Night promotion.
This time, he’s targeting a San Luis Obispo cannabis dispensary.
Steve Frye, a former member of the National Coalition for Men, filed a class action lawsuit in San Luis Obispo Superior Court on Sept. 16 against Megan’s Organic Market and its owner, Megan Souza, over a so-called “Ladies’ Night” promotion that offers a 16% discount on products to women every Monday night until the close of business.
The lawsuit says Frye entered the business during the promotion hours in June and witnessed women get the discount while it was not offered to him.
The complaint notes that the business’ own advertisement acknowledges it can not solely offer the discount to women.
However, the ad cited in the lawsuit reads, “If you’re a man, and reap the benefits of pay inequality, and also want to redeem this discount, be our guest,” which the lawsuit claims amounts to “shaming” those who do.
The lawsuit claims that the gender-based promotion “reinforced and perpetuated harmful stereotypes and generalizations” about women and men — suggesting that all women are oppressed and suffer from pay discrimination, and that all men are oppressors and benefit from pay discrimination.
The lawsuit states that it was filed on behalf of Frye and “hundreds of customers whom Megan’s treated unequally by being charged different prices for their purchases on Megan’s Ladies’ Night based solely on customers’ sex.”
It seeks “equal treatment and redress” for all Megan’s Organic Market customers “no matter their sex — all male, female and non-binary patrons.”
The lawsuit seeks a court order barring the business from continuing the promotion, statutory damages of $4,000 “for each and every offense,” recovery of attorneys fees and an order requiring that Megan’s Organic Market management and employees undergo diversity and inclusiveness training.
Frye’s lawsuit cites a 1985 California Supreme Court case that awarded a plaintiff statutory damages per offense against a car wash for its so-called “Ladies’ Night” promotional events.
Frye previously filed similar lawsuits against three other San Luis Obispo County businesses.
He sued Atascadero’s Galaxy Theaters in 2013 and the Paso Robles Golf Club in 2019. Both cases were dismissed without any judgment against the businesses and no monetary damages awarded to Frye, according to court records.
Greg Adler, Frye’s attorney, wrote in an email Tuesday that he was not involved in those cases, but that they were settled out of court after the businesses agreed to cease their gender-based promotions.
Another lawsuit filed in 2020 against Virg’s Landing, a sportfishing business in Morro Bay, remains ongoing with a case management conference scheduled for Oct. 25.
According to various past media reports, Frye has filed more than 40 such lawsuits across California.
Adler said that $4,000 per violation is appropriate due to a 2001 state law that increased the minimum penalty from $1,000 to $4,000 for violations of the Unruh Civil Rights Act, which prohibits gender-based discrimination, due to the proliferation of Ladies’ Night-type promotions.
He said that such promotions are generally advertised as having an altruistic motive, but are in reality are for the benefit of the business.
“If Megan’s truly cared about social justice they wouldn’t have created a situation whereby wealthy, privileged white women would get discounts, but poor Black or Hispanic men struggling to put food on the table have to pay full price,” Adler wrote.
Souza could not immediately be reached for comment Tuesday morning.
A San Luis Obispo Superior Court judge is expected to first hear the civil case against Megan’s Organic Market in January.
This story was originally published September 28, 2021 at 3:30 PM.
CORRECTION: An earlier version of this article incorrectly said that Steve Frye is a member of the National Coalition for Men. It also failed to mention that Megan’s Organic Market’s advertisement states it cannot solely offer a Ladies’ Night discount to women. The errors have been corrected.
