"Ladies Night" or a senior discount are both given based on an immutable characteristic, yet are common. As Bill notes "positive discrimination" such as race or sex based scholarships are allowable. I'm not convinced this illegal.
Grant and Co are certainly intelligent enough to have considered this possibility and either determined it was allowable or decided the chances of a legal challenge were low enough not to worry about. They don't need all of us giving them pro bono legal advice! (Not that it isn't a fun thing to discuss). On Friday, October 2, 2020 at 11:35:31 AM UTC-7 Bill Lindsay wrote: > Doug pointed out discounts are common. > > That's totally true, but I think the distinction Michael Gordon was making > is that none of your example discounts are granted based on race, ethnicity > or national origin. > > The example I would give is this: I'm Norwegian-American. There is a > college scholarship for which I can apply that is earmarked for > Norwegian-American applicants. I could hypothetically apply for that > scholarship. If I get the scholarship, I could turn around and sue the > organization that gave it to me on the basis of the quote on the ACLU > website. It's a benefit that is granted based on my ethnicity. > > Similarly, the person who takes RBW to court would need to apply for the > BRP discount, get the discount, and then sue RBW for giving them a > discount. It would be a strange motivation to sue Rivendell Bicycle Works, > but I think the strict interpretation of the law may mean there's an > argument to be had, and I think the outcome of that argument could be > really good. > > I don't think there is a grounds upon which an aggrieved consumer could > sue Rivendell Bicycle Works because they had to pay normal price. You'd > have to get the discount to have a case. > > I don't think the spirit of the law prohibits a private business from > electing to pay reparations. I'll talk it over with my JD friends. > > Bill Lindsay > El Cerrito, CA > > On Friday, October 2, 2020 at 11:22:56 AM UTC-7 dougP wrote: > >> My understanding of BRP is that it is a *discount* off the list price. >> These are given routinely in retail. When I got to the grocery store, I'm >> given a discount because we are members of their discount program. Cutting >> coupons can also yield a discount off the list price. My local bicycle >> club has a discount arrangement with some shops. Adventure Cycling has a >> list price for maps and a discount for members. Gas stations have differing >> prices for cash & credit card. Qualifications for discounts seem to be >> determined by the vendor. >> >> dougP >> >> >> >> On Friday, October 2, 2020 at 10:33:10 AM UTC-7, Bill Lindsay wrote: >>> >>> Michael Gordon pointed out that BRP is illegal. >>> >>> Excellent point, and welcome back! I'm still glad they are doing it. >>> If somebody sues RBW and BRP is brought before a judge, I will be really >>> interested to hear both sides of the argument. Better yet though, I hope >>> 85 people get a helpful discount on fun bikes. >>> >>> Bill Lindsay >>> El Cerrito, CA >>> >>> On Friday, October 2, 2020 at 9:26:33 AM UTC-7 Michael G wrote: >>> >>>> Regardless of good intentions and what you may think of BRP, price >>>> discrimination on the basis of race is illegal under Federal law. >>>> >>>> >>>> https://www.aclu.org/know-your-rights/discrimination-on-the-basis-of-race-ethnicity-or-national-origin/ >>>> >>>> "you cannot be charged a different price because of your race, >>>> ethnicity, or national origin." >>>> >>> -- You received this message because you are subscribed to the Google Groups "RBW Owners Bunch" group. To unsubscribe from this group and stop receiving emails from it, send an email to rbw-owners-bunch+unsubscr...@googlegroups.com. To view this discussion on the web visit https://groups.google.com/d/msgid/rbw-owners-bunch/94794aaa-2c26-43de-9f94-274364105222n%40googlegroups.com.
