3 Sue Club in Hollywood for Sex Bias : Litigation: Suit says Florentine Gardens denied two men and a woman admission on ‘miniskirt night.’ The club is also target of racial bias claims.

A Hollywood dance club already under fire for allegedly discriminating against minorities was hit with a sex-discrimination lawsuit last week by two men and a woman who said they were unfairly denied admission because they were not wearing miniskirts.

Andrew Exler of Palm Springs, Dennis Koire of Anaheim and Julie Palasco of Los Angeles said their civil rights were violated Dec. 10 when they were allegedly denied free entrance into the Florentine Gardens nightclub on “miniskirt night.”

The three are seeking $1 million in punitive damages and no less than $250 in actual damages for “humiliation and degradation.” They also seek a preliminary injunction that would bar the club from forcing men to pay the regular $10 cover charge while letting women wearing miniskirts in for free, according to the suit.

“The law is very clear in this area, that you cannot discriminate on the basis of sex,” said Exler, 28, a paralegal who in the past has filed a number of discrimination lawsuits alone or with Koire.

The suit alleges that Palasco was subjected to “arbitrary and capricious” discrimination when employees of the popular Hollywood Boulevard club refused to let her in free because she was wearing pants.

Florentine Gardens already is target of racial discrimination charges by black, Asian and Latino college students, who allege that security personnel have denied them admission on Thursday “University Nights” by selectively applying an unspecified dress code.

The students--from USC, UCLA, Occidental and other area colleges--have staged several protests at the club to draw attention to what they said were informal racial admission quotas and have enlisted the aid of the American Civil Liberties Union and university administrators to get the club to change its policies.

David M. Brown, a lawyer for the nightclub, said discussions are under way among minority students, the ACLU and Florentine Gardens over questions of alleged racial discrimination. He maintained that the club is frequented by young people of all races “and practices no form of discrimination whatsoever.”

The new lawsuit, however, will be taken less seriously, Brown said.

“Our response is this that when we stop laughing, we’ll respond,” Brown said. “I suppose this means we couldn’t have a green hat day either.”

Brown said a 1985 state Supreme Court ruling that held that sex-based promotions, such as “ladies’ nights,” are unconstitutional does not apply in this case. The club does not grant free admission only to women on “miniskirt nights” but rather to anyone wearing a miniskirt, including men, he said.

Brown also described Exler, who in 1984 made national headlines by winning a suit against Disneyland for refusing to allow him to dance with another man at the park, as “a professional litigant.”

The plaintiffs contend that ads announcing the night at the club specifically say only women wearing miniskirts would get in free.

A lawyer for Exler and the other plaintiffs referred to the same 1985 state Supreme Court case as precedent that “miniskirt nights” are discriminatory and illegal.

That case was filed in 1979 by Koire, who sued 11 carwashes and seven nightclubs for having “ladies’ day” specials. The state’s high court found that price breaks based on sex are discriminatory and illegal.

“We consider this to be a flagrant violation given the Supreme Court ruling,” said lawyer John J. Duran. “Their policy of ladies being admitted free with miniskirts is not only discriminatory against men but a reinforcement of sexist stereotypes of women.”

In addition to his Disneyland suit, Exler sued the Chippendales nightclub in Los Angeles in 1988 for allegedly barring him and two friends from entering the male strip show. Disputing Brown’s contention that he was suing Florentine Gardens for publicity reasons, Exler insisted that he only files lawsuits when he has good reason to.

“We fight when we’re wronged,” he said.