Strip Club Ban on Unaccompanied Women Spawns LGBT Rights Controversy

Interior of Rachel's Gentleman's Club Orlando

Rachel’s Gentlemen’s Club—a strip club in Orange County, Florida—bans female patrons unless they’re accompanied by men. It’s something of a common practice at U.S. strip clubs. But is it illegal? A recent lawsuit argues yes.

The suit was brought by Brittney Smith and Anita Yanes. The two women tried to visit Rachel’s Orlando in 2018 and were denied entry because they didn’t have any men with them.

They argue that this policy violates Orange County’s human rights law, which bans discrimination in public places “on the basis of that individual’s age, race, color, religion, national origin, disability, marital status, familial status, sex, or sexual orientation.” Florida’s statewide civil rights statute bans sex discrimination but not discrimination on the basis of sexual orientation.

“The pivotal issue is whether local laws prohibiting discrimination supersede state laws that don’t,” notes the Orlando Sentinel editorial board.

The paper is pushing the case as a boon for LGBTQ rights, though neither woman bringing the lawsuit identifies as gay, bi, or trans. “Even though Smith and Yanes aren’t LGBTQ, citing the county’s ordinance essentially puts that local law on trial,” it says. “Not just in Orange County, but in about 50 other municipalities with ordinances that provide more LGBTQ protections than the state sees fit.”

But Rachel’s wasn’t denying Smith and Yanes entry because of the women’s sexual orientation but because of their sex. Rachel’s policy might be bad business, discriminatory against women, or based on outdated and heteronormative thinking. But how can it be discriminating against gay people by applying its policy evenly to heterosexual and homosexual women?

A Florida judge initially dismissed the lawsuit, but an appeals court overturned the ruling on a technicality.

“Orange County was not a defendant,” and “state law requires counties to be brought in as parties when ordinances are challenged,” the Sentinel explains. “Because of that, the [state] Supreme Court declined to hear the case last week. Orange County has been added as a defendant, and the case is moving forward.”


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