In the past two years, Reuben A. Buford May, a sociology professor at the University of Illinois at Urbana-Champaign, has spent a considerable amount of time waiting in long lines at various nightclubs in Chicago. However, there’s one thing he has noticed during his experiences: the cover charges he’s asked to pay are not consistent. Sometimes, he sees white patrons being let in for free while Black patrons are charged, only to see the next group of white people enter for free once again. This has led May, who is Black himself, to wonder whether these discrepancies are based on race or profit.
Unfortunately, the answer is likely both. Cover charges at nightclubs can often be discriminatory, yet they remain legally permitted. These fees can fluctuate depending on various factors such as the time of night or the appearance and demeanor of the person in line. While racial discrimination is prevalent in nightlife establishments, proving that a specific cover charge is discriminatory can be challenging. Most people are aware that they will be judged based on their appearance when entering a club.
Cover charges are a unique aspect of the nightlife industry. While airlines and Airbnbs use variable pricing models, where prices fluctuate based on demand, these models are supposed to be unbiased and available to anyone. Nightlife, on the other hand, involves personal, arbitrary, and sometimes humiliating charges. People are closely scrutinized and then charged based on how desirable they are to the venue.
Cover charges, along with dress codes, serve as tools for nightclub owners to curate their clientele and reject individuals they don’t want. These discriminatory practices have been in place since the early 20th century when cover charges were introduced in New York. Back then, venues used cover charges as a way to exclude non-wealthy patrons. Today, cover charges still operate on the principle of assessing the desirability of an individual’s presence. Clubs openly admit to filtering customers based on their appearance and vibe.
Unfortunately, the curation of patrons often leads to discrimination against people of color, disabled individuals, and queer individuals. While differential cover charges based on gender have been deemed illegal in some states, meaningful regulations regarding cover charges and dress codes are largely absent. The legal landscape concerning these practices is skewed, with very few laws governing how cover charges are levied or how much they can be.
However, there are exceptions, such as Massachusetts, which requires businesses with liquor licenses to prominently display signs indicating the cover fee, if applicable. Violating this law may result in a small fine. This regulation was enacted in 1951 to protect the dignity of men who didn’t want to be embarrassed in front of their dates. Unfortunately, most states and municipalities have not followed suit.
Despite the potential for harm, cover charges and dress codes can also have some advantages for patrons. They can be used to maintain safety and create inclusive spaces. For example, at a party for queer people of color in London, bouncers ask individuals who don’t visibly belong to these communities about their identities and reasons for attending. Some parties even require applications for attendance.
Curation is an integral part of nightlife. Nightclubs create a sense of community and shared experiences, which often require exclusion to shape that community. Different clubs cater to different crowds, and selecting individuals who match the atmosphere is essential. Nightclubs, by their nature, are exclusive to some extent, and the right to be a part of that community is selectively given.
To sum up, cover charges in nightclubs can be discriminatory, and proving discrimination can be challenging. While some regulations exist, they are limited. The curation of patrons is a necessary aspect of nightlife, but it can also lead to exclusion and discrimination.
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