During the last weekend of August this year, I was in Paris and spent an evening promenading in Champs Elysées. On the famous Avenue Foch, close to the Arc de Triomphe, there was a trendy looking nightclub that caught my attention. There was more than a dozen male security guards in black outfits who scrutinised the acceptable and non-acceptable entrants. I observed inquisitively two male and a female staff letting some people in while refusing others. After some time deciphering their decision-making behaviour, I asked one of the bouncers, “How do you decide who’ll get in and not?”
He answered, “I don’t speak English.”
I commented, “Yes you do. Quels sont les critères que vous utilisez pour décider qui sera autorisé à entrer ou pas ? »
He responded, « C’est une boite de nuit privée » (This is a private night club).
I stood speechless trying to understand what a private nightclub was.
For me, a nightclub is an entertainment premises that has a bar, a stage for live music, one or more dance floor areas and a DJ booth, and operates late into the early morning. I know that nightclubs use bouncers to screen prospective entrants and they don’t admit people with informal clothing, e.g. jeans and t-shirts (those who don’t comply with their dress code). However, these were not the type of club goers I saw refused at the Le Duplex.
What about private clubs? A private club can be an incorporated organisation whose members contribute to the club’s funds that are used to pay the operating expenses, and it is generally governed by state statute. It can also be unincorporated whose proprietor owns the venue and operates the club for profit. My understanding is that a private nightclub is exempted from civil rights law, so discrimination based on age is out of the question.
France and other members of the European Union adhere to the elimination of all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, sexual orientation and age. The prohibition of discrimination is required in both public and private sectors, including access to and supply of goods and services intended for the public.
In blogs and websites, it is revealed that le Duplex’s clientele is mainly young. What is “young” when life expectancy continues to increase and in developed countries the average age is over 80 years? Those refused entries didn’t look over 50 years old to me. Even if they did, don’t they deserve to enjoy the music, party atmosphere … and nightlife?
Did I witness age discrimination that night at Champs Elysées?
http://www.bbc.co.uk/newsbeat/article/34401457/these-are-the-rights-you-have-when-you-approach-a-nightclub-door (seen on 17/09/17) discloses the following:
“The Equality Act of 2010 says that when someone provides you a service, even if you don’t pay for it, you must not be discriminated against because of race.
It also stops discrimination on the basis of “protected characteristics” such as disability, sex, gender reassignment, sexual orientation, age and religion.
If you feel that you have been unfairly discriminated against then you can seek help from the Equality Advisory Support Service. You may be able to take them to court and claim damages. In 2010 we did have a case based on race and sex and they recovered £15,000 damages and their court costs,” equality lawyer Ciaran Moynagh told Newsbeat.”
Age discrimination in nightclubs, however, is not easy to prove. As well, since they call themselves “private clubs” they reserve the right to let in whoever they want to maximise their revenue. Obviously, they are not going to tell you that you’re too old. They’ll find other reasons or not give you any – it’s their prerogative.
I’ve heard about the case of Richard Sleeman, a 62-year-old sports journalist, who attempted to sue a Sydney nightclub for age discrimination. The court ruled against him as the reasons for his exclusion were in line with the authority provided by the Liquor Act (he appeared drunk).
If you’re over 55 years old and in Champs Elysées, visit the Le Duplex (not smelling alcohol, not behaving like a drunk, not arguing with anyone, and well-dressed). Let’s see if you get in.
The power of public opinion is sometimes more effective than legislation in ensuring a fair and equitable society.