A San Diego judge has signaled approval of a $7 million settlement in a class-action lawsuit alleging a Gaslamp Quarter nightclub’s “ladies’ night” events discriminated against men and non-binary people.
Two men sued the owners of Omnia Nightclub in 2020 alleging that they — and other men and nonbinary people — had to pay full price at the door and were frisked by security before they could enter the club during several such events, while women were let in for free or at discounted rates and were not frisked.
The two sides reached an agreement, according to court documents, and San Diego Superior Court Judge Matthew Braner indicated last month he was generally onboard with it. An Aug. 29 hearing is set for Braner to decide whether the settlement is fair, reasonable and adequate.
Central to the litigation is the Unruh Civil Rights Act, a California law that bars businesses from discriminating against people for several protected characteristics, including age, race and sex.
The class-action suit covers men and nonbinary people who attended the events, paid full price and were frisked dating back to April 2015.
The proposed settlement agreement reflects that there is no admission of liability or wrongdoing.
The two named plaintiffs, Alex Maystrenko and Steve Frye, will get $25,000 each for their roles as the class representatives. Their attorney, Daniel Williams, did not respond to requests for comment. Omnia attorney Tyler Andrews declined comment, citing the ongoing litigation.
Some potential class members will be proactively notified of the settlement and their ability to submit a claim. During the litigation, the defendants turned over the names and email addresses of 34,325 people who purchased tickets to Omnia Nightclub between May 18, 2017, and May 29, 2020, when the San Diego site closed down for good.
Emails will be sent to everyone on the list, according to the document. Figuring that men make up about half the population, court documents indicate, there are at least 17,000 members of the class who will qualify for a cut of the settlement. The plaintiffs also said they believe the club might have emails from events dating back to 2015.
There is a second lawsuit the court recently deemed related to this one, a case filed earlier this year by two men who decided to pursue their own legal action rather than become members of the class.
“I and my clients hardily disapprove of businesses treating patrons or consumers differently based solely on their sex,” said attorney Alfred Rava, a San Diego-based lawyer who has brought other “ladies’ night” suits. Rava, who is representing the plaintiffs in the related suit, said he does not know how his suit may affect the proposed settlement.
As to the class-action suit, legal fees, service fees and other fees could account for up to 40% of the settlement fund, court documents indicate. Depending on how many people submit an accepted claim, the payout per person could range from about $245 up to $4,000. Unclaimed money will be split between the Legal Aid Society of San Diego and Sunshine Ranch Therapeutic Riding in Lakeside, which works with children with special needs.