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| darkstar |
| quote: | Originally posted by Stasis
It is indeed illegal to reject individuals from a public establishment based on factors such as: race, gender, or national origin, without posted notice and a compelling interest.
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...and there is the problem: a club isn't puplic, it belongs to its owner.
it's always a discrimination, no matter what fact the bouncer gives, but it's like having a party @ home: if you don't like someone, you won't let him get in... |
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| Stasis |
I'm sorry, I'm didn't mean to get into a legal argument over a technicality, but a nightclub, like most other businesses, is legally "public" despite being privately owned. In this sense, McDonald's is public, Starbucks is public, the movie theater is public, and Berghain is public.
Unless a nightclub takes a number of steps like requiring an application process and issuing membership cards, it's not a private club in the legal sense. Berghain is still relying on people off the streets ('the public') to fill its club, rather than a pre-set member list, and thus is a public institution.
And the point is moot anyway (at least in the US)--courts have held that even strictly private institutions, like exclusive Golf clubs or New York City's historic alumni clubs, while allowed to have incredibly strict standards for determining membership, cannot discriminate on some core criteria, like race, gender and nationality.
I really am over the Berghain thing I guess--if I was rejected for not being cool enough (and I'm sure I've proved that fact by arguing about legal terms on the internet) then that's OK with me. Just don't tell me that I'm being rejected for the language I speak or the country I was born in. |
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| darkstar |
| would be interesting if there is some leading case in germany... |
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| Tom Paris |
| quote: | Originally posted by Stasis
... Just don't tell me that I'm being rejected for the language I speak ... |
hell no, everone here can guarantee that,
| quote: | Originally posted by Stasis
or the country I was born in
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as long as you were not born in texas ;) |
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| Stasis |
| quote: | Originally posted by Tom Paris
hell no, everone here can guarantee that,
as long as you were not born in texas ;) |
Agreed! :) |
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tranceaddict Forums Archive > Local Scene Info / Discussion > Europe > Europe - Germany
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