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Lawsuit Seeks $4000 for Fans Who Missed Out On Tote Bags, Angels Respond

Written by Justene Adamec
Published July 10, 2006

A California man wants $4000 because he did not get a free tote bag from the Los Angeles Angels of Anaheim. Not only that, he wants a lot of other California men to get $4000 each because they did not get a free tote bag. That's what happens when good law goes bad.

To prevent discrimination, California has a law known as the Unruh Act. It codifies a basic American principle of equality:

All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, or medical condition are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
The California Supreme Court has considered some of the more interesting social questions of our time under the Unruh Act — whether women have equal access to private clubs (no as long as it is truly private), whether the Boy Scouts must include homosexuals (no), and whether registered domestic partners have the same rights under the Act as married couples (yes). On a smaller scale, the Act has also been used to get rid of Ladies' Day at car washes — days when women pay a lower price than men.

Then there's this case. On Mother's Day 2005, the Los Angeles Angels of Anaheim gave away tote bags to women attendees 18 or over. Through the season, different giveaways are available to different groups of fans. An LA man sued because he attended on that Mother's Day and did not get a bag. The suit is a class action which seeks $4000 for each man of any age and each person under 18 who did not get a bag that day.

On Friday, the Angels filed their response to the suit, asking that it be thrown out. They accuse the plaintiff's attorney of conducting a "widely known and ongoing scheme to extort money from California businesses who dare to give a gift to individuals." The lawyer has filed 40 similar lawsuits.

This year, the Angels offered the tote bag to the first 25,000 customers, regardless of age or gender. A quick review of this year's promotions shows none offered to only women or men. There are still promotions for kids only.

The Pittsburgh Pirates' Class AA team has a unique response to the news, holding a "Salute to Frivolous Lawsuit Night":

The first 137 women will get lukewarm coffee (so they don't get burned), the first 137 kids will be given beach balls (and a warning not to swallow them) and the first 137 men will be given a free pink tote bag (a nod to a man who sued the Los Angeles Angels because he didn't get a tote bag given away for Mother's Day.)
One has to wonder whether the 138th guest of a particular gender or age will have a cause of action of their own.

Justene practices law in downtown LA. To chat about this or other topics, IM Justene.
Keep reading for information and comments on this article, and add some feedback of your own!
Lawsuit Seeks $4000 for Fans Who Missed Out On Tote Bags, Angels Respond
Published: July 10, 2006
Type: News
Section: Sports
Filed Under: Culture: Society, Politics: Law and Rights, Sports: Baseball
Writer: Justene Adamec
Justene Adamec's BC Writer page
Justene Adamec's personal site
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Comments

#1 — July 10, 2006 @ 09:19AM — Phillip Winn [URL]

Has California tackled the enormous problem* of different prices for "ladies shirts" at dry cleaners yet?

* Well, enormous in the sense that I constantly hear about it, at least.

#2 — July 10, 2006 @ 09:46AM — lori [URL]

Or different (lower) prices for men's hair cuts?

#3 — July 10, 2006 @ 11:39AM — Phillip Winn [URL]

I get the idea that neither men nor women should be discriminated against solely on the basis of their gender. If a woman brings an ordinary shirt into a dry cleaner, they should be charged the same rate as a man. The charge should be based on silk or whatever it is that dry cleaners claim makes "ladies shirts" generally more difficult.

Haircuts, though, that seems different. *Most* women have far more elaborate haircuts than *most* men. If a woman wants the sorta hackjob I used to pay for, then fine, pay your ten bucks and prepare for the clippers. If a man wants a perm, fork over the big bucks. But a "ladies cut" or a "mens cut" is a poor choice of terms for a very real and profound difference. A man can get a ladies cut and a woman can get a mens cut, if they just ask.

Me, I run some clippers over my head every now and again. Now *that's* cheap.

#4 — July 10, 2006 @ 12:08PM — Nancy [URL]

Did it occur to this gentleman that the bags given away for Mother's Day probably look feminine and one would more than likely make him look gay? Somehow, I doubt women wanted tote bags on Father's Day.

#5 — July 10, 2006 @ 12:11PM — DJRadiohead [URL]

Sometimes we get the society we deserve. Silliness. Well done, Justene.

#6 — July 11, 2006 @ 01:48AM — J.D.

I hate America... and this is why...

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