Do discounts to gays/lesbians orgs violate the civil rights of straight people? (Class suit)

[The Straight Story]

Class Sues Avis Over Lesbian Discounts ( CA law prohibts offering discounts based on sexual orientation )

SAN DIEGO (CN) - In a federal class action, a woman claims Avis Rent A Car violated her civil rights by offering discounted rates to gay and lesbian customers, but not to her.
Lynn Evenchik of Pima County, Arizona, says she paid more than $300 for a 1-week car rental from an Avis outlet at San Diego International Airport.

Evenchik says she could have got a discount if she belonged to the Gay and Lesbian Travel Association or the National Gay and Lesbian Chamber of Commerce.
...

"Avis is one of the world's leading automobile rental brands, and maintains numerous locations throughout the State of California, including at least 12 in San Diego County," the complaint states. "In September 2010, Avis entered into a three-year partnership with the International Gay and Lesbian Travel Association ('IGLTA') pursuant to which it provides discounted rental rates to gay and lesbian car renters. Avis' Worldwide Discount ('AWD') Code Q200430 provides such renters with discounts of up to 25 percent off of Avis' regular rates. Similarly, Avis offers discounted rates to members of the National Gay and Lesbian Chamber of Commerce ('NGLCC'). These discount programs are intended to generate additional business for Avis, in return for which Avis pays a commission to the referring organizations. This practice violates California's Unruh Civil Right Act (the 'Unruh Act'), which prohibits businesses from offering discounts to customers based upon, inter alia, their sexual orientation. These unfair and unlawful business practices result in many consumers who are not affiliated with those organizations paying substantially higher rental rates than those made available to gay and lesbian renters who use the above AWD Codes," according to the complaint.

...

"Although Avis offers many discounted rates and AWD [Avis Worldwide Discount] codes, the IGLTA/NGLCC discounts are among the best that Avis makes generally available and is frequently a better rate than small businesses and other affinity groups obtain," the complaint states.

http://www.courthousenews.com/2012/01/11/42944.htm


Full complaint (PDF) here:
http://www.courthousenews.com/2012/01/11/Avis.pdf

[snooper2]

1. This could get interesting..

Popcorn is nasty by the way...

Anybody got some pizza rolls?

[The Straight Story]

2. I think the real question is: Could should be a member of that group if she wanted to?

ie, is the group that gets the discount restricted to who may be a member?

[snooper2]

5. Yep...

[The Straight Story]

14. On further review, I edited my OP

to contain what I think is the critical element in the story

CA law prohibts offering discounts based on sexual orientation - still not sure she has a case (as she might be able to join) but does make more sense.

[Lance_Boyle]

3. Does being straight preclude membership in IGLTA/NGLCC?

Even if it does, how would those organizations verify the sexual preferences of their membership? Seems like the plaintiff could join either organization and benefit from the reduced rate at Avis...

[The Straight Story]

8. In the complaint above: CA law prohibts offering discounts based on sexual orientation

So I guess this a challenge to that law.

[Lance_Boyle]

15. But the discount is not based on sexual orientation; it is based on group membership.

If the groups in question do not prohibit heterosexuals from joining as dues-paying members then it seems to me that the suit is entirely without merit.

[The Straight Story]

16. Here is info on joining one of the 2 groups:

Join NGLCC

Become a member of your local chamber of commerce!

The NGLCC works with 62 state, local, and international chambers across the United States. These chambers of commerce and business organizations support LGBT-owned businesses at a local level, providing opportunities to grow your business as well as network with corporate America.

Find your local chamber of commerce using our interactive map.

Become a Certified LGBT Business Enterprise (LGBTBE) and open doors to corporate America!

The NGLCC offers certification to businesses that are majority LGBT-owned, giving them access to business with America’s top corporations in the nation’s growing diverse supplier market. To learn more about certification and its benefits, visit our Supplier Diversity Initiative or speak to Paul Brown, NGLCC Certification Associate, at 1-202-234-9181 or by email at [e-mail].

http://www.nglcc.org/membership/join

[Kellerfeller]

19. Yep (nt)

[Happyhippychick]

4. Don't they offer discounts to senior citizens and students too?

One could argue that they have more limited income, not sure why they would discount to gays and lesbians but I don't see how that infringes on anyone else's civil rights.

[WolverineDG]

7. Or do they offer similar discounts to other business groups?

If not, there might be a problem. If they do, then this lady is SOL.

[RKP5637]

10. Yes, they do, in fact many do as losted in the link below.

http://www.best-car-rental-tips.com/discount-codes-page4.html

[joeybee12]

18. Show your AAA card and get a discount also...

They're offering discounts to groups, not specific individuals...this case will go nowhere.

[RKP5637]

6. Sounds like a frivolous lawsuit, so many people get discounts with clubs,

etc., she sounds clueless. She should take on all of the giant corps. too that get discounts. In fact, IMO, with this line of reasoning all discounts in the US should be outlawed. Dumb ...

[LynneSin]

9. Geez I'm gonna sue then too since old folks get a discount but not me

I mean if I was a Senior Citizen or member of AARP then I would get a discount

:grumble:

Thing is this dumbass Lynn Evenchik - there are about 2 trillion various groups and organizations that give out discounts to numerous services such as car rentals or hotel rates or other travel related fare. Here's a suggestion - join AAA, I bet they would have given you a discount if you were a member of that organization.

[The Straight Story]

11. As noted above: CA law prohibts offering discounts based on sexual orientation

So I think that is the basis of it (I had not finished reading the PDF when I posted so my bad for not pointing that out)

[MineralMan]

12. I was just going to post that.

I get a discount because I'm a geezer. Should people be able to sue on the basis of age discrimination? Places offer discounts to all sorts of people who belong to organizations that have arranged for discounts. It's a marketing strategy used by car rental companies, hotels, and many others. Besides, you don't have to be LGBT to join that organization, as far as I know.

[jberryhill]

13. No... they are recovering advertising costs from non-affinity group members

If AVIS had some kind of discriminatory policy about what organizations (and hence co-marketing campaigns) could curry discounts for their members, that would be one thing.

To AVIS, this member organization is just another member organization. It doesn't matter what the organization is about.

If an organization can deliver volume rentals, then they get a discount on that volume.

This is much ado about nothing.

[Hugabear]

17. If she wanted that discount,then she could have joined that group. Case dismissed.

As others have pointed out, there would have been nothing to prevent her from joining IGLTA/NGLCC.

[William769]

20. The Federal Government offers discounts for sexual orientation.

Heterosexuals.

[IGLTAMedia]

21. IGLTA welcomes non-gay members

The International Gay and Lesbian Travel Association is proud of its many LGBT-friendly member businesses around the globe. No, of course you don't have to be gay to join.

[The Straight Story]

22. Thank you for the reply/info and welcome to DU

What is your take on the suit (as mentioned, it seems geared to a particular law in CA)?

[msanthrope]

24. Welcome to DU!! Please keep us informed about this lawsuit. nt

[Warren DeMontague]

23. That would be my question, too: Do you have to actually BE Gay/Lesbian to be in the GLTA?

I mean, I don't think you need to own a car to be in AAA, and AAA members get discounts all over.