Abosh v. New York Yankees, Inc.
New York Human Rights Appeal Board
No. CPS-25284, Appeal No. 1194 (1972)
- Written by Steven Pacht, JD
Facts
On September 4, 1971, the New York Yankees, Inc. (club) (defendant) ran a Ladies’ Day promotion at Yankee Stadium (stadium) that allowed female fans to attend the game for a reduced admission price. Ladies’ Days were a time-honored tradition in baseball, dating back to the 1870s. The September 4 promotion was one of 11 Ladies’ Days the club hosted in 1970 and 1971, which, on average, drew approximately 350 female attendees. Abosh (plaintiff), who was male, attempted to attend the September 4 game at the reduced price offered to women but was rebuffed. Abosh sued the club, alleging it violated New York’s Human Rights Law by providing him with unequal terms, conditions, or privileges of the stadium. The club responded that (1) the Human Rights Law did not require equal pricing; (2) Abosh was not deprived of any accommodation, advantage, or privilege because he could have attended the game; (3) the Human Rights Law was intended to protect only women, and (4) the club acted neither irrationally nor arbitrarily because it was trying to encourage more women to attend baseball games and to promote stronger bonds between women and their baseball-loving male family members.
Rule of Law
Issue
Holding and Reasoning ()
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