Legal Question in Discrimination Law in New York

Re: wasnt allowed in a club because i wear a turban

A dress code may not be used as a fraud to discriminate on the basis of religion. The behavior of the club manager is very suspicious.

It should not be permitted to continue. The behavior of the manager may have been illegal in the state of NY and the city of NY. There are 2 organizations which regularly investigate these violations of the law 1) the NY Sate Division of Human Rights and 2) the NY City Commisssion on Human Rights. Either one can help you proceed with this situation. The office closest to you can be found in the telephone book. you are also welcome to a consultation for no cost at my office at 42 west 44th st, ny,ny. please call for an appointment first - 646-591-5786

Re: wasnt allowed in a club because i wear a turban

The behavior of this particular club manager is reprehensible and possibly could give rise to a discrimination/civil rights claim under Title II of the Civil Rights Act of 1964, especially if food is served on the premises regularly.

In 1964 the Supreme Court upheld a prohibition on racial discrimination at, respectively, a local motel and a local restaurant. Heart of Atlanta Motel, Inc. u. United States, 379 U.S. 241 (1964), and Katzenbach u. McClung, 379 U.S. 294 (1964). Despite the purely local nature of these businesses, the Court emphasized the aggregate effect that racial discrimination in such activities would have on interstate commerce. The Court pointed to potential inhibition of interstate sale of goods, obstructions to interstate travel, and obstacles to the establishment of new business enterprises, all plainly evils that Congress sought to address in enacting this legislation. Katzenbach v. McClung, 379 U.S. 294 (1964).

In other words, a private club/restaurant may fall within the purview of what the civil rights laws were meant to combat against. If the establishment was purely a private club, the case may in fact be very difficult or there may even be minimal grounds for a viable cause of action. However, if you would like to discuss your case in more detail, please telephone the office at (212) 618-1830.