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NetX
frühclubber
Registered: Feb 2002
Location: Hamburg
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| quote: | Originally posted by Stasis
I'm sorry, I'm didn't mean to get into a legal argument over a technicality, but a nightclub, like most other businesses, is legally "public" despite being privately owned. In this sense, McDonald's is public, Starbucks is public, the movie theater is public, and Berghain is public.
Unless a nightclub takes a number of steps like requiring an application process and issuing membership cards, it's not a private club in the legal sense. Berghain is still relying on people off the streets ('the public') to fill its club, rather than a pre-set member list, and thus is a public institution. |
one word: bullshit.
have a laugh and try to enter some of the nicer shops on rodeo drive and see if the doorman even lets you get near the door 
or try to get into a 5-star-restaurant looking like a crackhead (and not being pete).
let´s see if your idea of a public institution is then enforced in the states. i´d be surprised.
| quote: | | And the point is moot anyway (at least in the US) |
then come to grips that you are in some other country and not in the states. you might notice that despite what you might think that different countries have different laws.
| quote: | | I really am over the Berghain thing I guess--if I was rejected for not being cool enough |
and that´s probably the main point why you don´t get it - Berghain and pretty much most other clubs do not select because you are not "cool" enough but because you won´t fit in on this or that night. be it too many guys in the club, too many gays, too many girls, too many foreigners, whatever.
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Nov-27-2007 21:30
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Stasis
41º 42' N, 86º 10' W

Registered: Feb 2003
Location: New England
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| quote: | Originally posted by NetX
one word: bullshit.
have a laugh and try to enter some of the nicer shops on rodeo drive and see if the doorman even lets you get near the door 
or try to get into a 5-star-restaurant looking like a crackhead (and not being pete).
let´s see if your idea of a public institution is then enforced in the states. i´d be surprised.
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Those examples you gave only support my point, which apparently you missed. Public institutions have great leeway in allowing or denying entrance to individuals for a variety of reasons (such as looking like a crackhead or simply not looking cool). However, they can't reject you for being a woman, for being Jewish, for being German, for speaking Spanish, or for any other distinction based on race, gender, religion, nationality or language. Those are protected classes, both under national law and international law, and even an exclusive club like Berghain cannot, in good faith, use them to deny people.
(And not to be a total douchebag, which maybe you think I already am, but I'm an attorney with a large law firm in Manhattan, and I've never had trouble shopping on Rodeo Drive or getting a table at a restaurant.)
___________________
think stasis | latest mix
Last edited by Stasis on Nov-28-2007 at 10:14
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Nov-28-2007 10:01
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