Lawyer targets resort that gave discounts to furloughed state workers

As state workers have watched their incomes shrink with the governor’s order that they take three days off a month without pay, one San Diego attorney sees unfairness in what others might see as kindness toward  furloughed workers.

Alfred G. Rava is calling for a settlement of thousands of dollars from a California ski resort that has offered deep discounts to furloughed state employees.

Rava wrote in a June 15 letter to Squaw Valley, in Northern California, that the discounts it offered over the winter violated state civil-rights laws by giving the employees special treatment. Squaw is one of many California businesses that has been offering a break to California’s 200,000 furloughed employees. 

“Furlough Friday” deals abound in bars, restaurants, museums and resorts in Sacramento and throughout the state. Each of these businesses could be a target for claims if a court were to rule in Rava’s favor. Rava has requested that Squaw Valley discontinue the discounts, and he called on the resort to pay $4,049 for each of his clients, as well as $2,400 in attorney fees. 

He could not be reached for comment. Now state officials are on the case. One legislator wants to deal with attorneys who would invoke civil-rights law in such a way by … drafting another law. Sen. Gloria Negrete McLeod (D-Chino) has authored a bill that would legalize the discounts. 

The bill was quickly endorsed by the trade group representing California’s trial attorneys. “It would be an outrage to trivialize the [state’s] Civil Rights Act to attack businesses that simply are trying to help people struggling in the face of pay cuts and uncertain employment futures,” said Consumer Attorneys of California President Christine Spagnoli. 

-- Patrick McGreevy in Sacramento

Photo: Attorney Alfred Gerard Rava.

Comments

[hpbromine]

If Rava is honestly concerned about disparate special treatment, then why isn't he protesting the fact that state employees, which comprise less than 1% of the state population, have been forced to take pay cuts to address 17% of the state's budget deficit? Certainly, that represents significantly greater disparate treatment than a few state workers getting discounts freely offered by open market businesses. His intentions are not altogether honorable.

[carla123]

“It would be an outrage to trivialize the [state’s] Civil Rights Act to attack businesses that simply are trying to help people struggling in the face of pay cuts and uncertain employment futures,” said Consumer Attorneys of California President Christine Spagnoli.
Actually it is an outrage that the rest of the LAID off workers in CA don't get the discounts. Why just state workers? That is so unfair and besides they still have a job, just get to have unpaid days off while they still keep their outlandish pay and benefits that the taxpayers pay for.
These Dem bums in Sacramento need to be thrown out. They just represent the unions and not the rest of CA.

[Steve]

What do you call a lawyer buried up to his neck in sand?

Not enough sand.

[Rich]

It's because of people like him that we have lawyer jokes.

[John]

This attorney takes the concept of "bottom feeder" to a whole new low.

[S]

The Civil Rights laws were expressly intended to protect against discrimination based on sex, disability, nationality, creed.

What is the cite for the theory that giving people a discount to relieve them of economic hardship constitutes discrimination under civil rights laws?

[Alan Trulock]

What a jerk.

[x]

Scum lawyers.. im sure its some whiney rich millionaires that where mad that middle class people where at there resort at cheaper costs than them.

[bill]

Another idiot attorney

[JD]

The lawyer is correct. This is in essence giving state workers special privileges, thus putting the resort in better position for political favor down the road. This is a bribe no matter how you look at it. The resort has no incentive to give discounts to those in the private sector because they are that disconnected from the politicians, who are public employees as well. There have been significantly more private sector jobs lost.

State workers do not care about anything but their jobs, regardless of the impact they have on taxes. Politicians and public employees will do anything to sustain their guaranteed jobs and pensions. The gov't is becoming too empowered. We are seeing the private industry shrinking in size, profit and pay due to the extraneous taxes that support the public payroll and pension.

Gov't pensions and inflated salaries are not sustainable in the long run. Things are getting worse because more public employees are likely to vote than private sector employees. Their incentive is they are voting for their jobs.

[Management Mom]

The resort has a right to discount it's services to anyone it chooses. That's why it's a business. Pick someone else to harass, Mr. Rava. Putting them out of business with your legal fees will only LOSE jobs for their tourist economy. Look at the big picture and try to participate in the solution. What group will you attack next? Senior citizens? They get discounts too, and they deserve them. Bravo to the resort for being proactive!!

[LA]

How is this any different than a bar having ladies' night or a gym discounting memberships for couples or mobile phone company offering family plans? Businesses offer discounts all the time.

[just joe]

"... Some rob you with a six-gun, some with a fountain pen..."

- Woody Guthrie

[Caleb]

Its high time we start disbarring all these shyster attorneys, like the ones who attack small stores for ADA compliance. All our legislators have to do is a quick amendment to the ADA law that says "anyone has 90 days or a year or something, to rememdy non compliance once notified, and a subject to no other civil liability" really simple wording and then no shyster attorney can extort money from businesses using those laws. We also really a citizen body to take over control of the Bar association, they do little or nothing to really reprimand bad attorneys because they are all members of the same club.

[Marc C Wong]

Can we sue Rava for wasting money on a frivalus law suit?

[FullandEqual]

This is ridiculous, but not because the lawyer is threatening to sue. He absolutely should. Imagine if this situation were reversed and discounts were given to private sector workers and not state workers. The state workers would be upset and rightly so. The law does not allow this type of disparate treatment between classes of people. And don't fall for the "kindness toward furloughed workers" nonsense. This discount was designed for the business to make money for itself, just like "Ladies Night" has nothing to do with kindness to women and everything to do with profit motive. The simple fact of the matter is that these types of business practices are illegal in California and the California Supreme Court said so decades ago. Google "Koire v Metro Car Wash" and see for yourself.

[Marc C Wong]

Who wants to bet "FullandEqual" is an attorney?

[RB]

Only in America can you be sued for being generous.

[Andrew]

This is the same [jerk] that sued the Oakland A's and the Angels for giving away free gifts to women on Mother's Day. See http://sports.espn.go.com/espn/print?id=4247723&type=story. He's a caricature of a person who we would all ignore, if only we could...

[TheT.O.D]

This guy is an ass. He's the same jerk that sued the Oakland A's for not being eligible for a floppy plaid sun hat on Mother's Day
(http://sports.espn.go.com/espn/columns/story?columnist=reilly_rick&id=4247723&sportCat=mlb)
Why can't this a-hole get a shot of a sedative and never wake up like MJ?

[Jake Logan]

Yet another reason to hate lawyers

[Ed]

Isn't this the same guy that sued the Oakland A's because they wouldn't give him the promotional give away on mother's day? He is, this guy is a jerk.

http://sports.espn.go.com/espn/columns/story?columnist=reilly_rick&id=4247723&sportCat=mlb

[Who Would Do This?]

What business owner in his right mind would think it was a good idea to offer discounts only to state workers who were furloughed and not other people who were affected by the economy? Totally unfair to everyone else. And probably illegal too. You can't charge people different prices at a business that's open to the public based on people's employer or occupation. That would mean it would be okay for Squaw Valley to have "Professional Fridays" where anyone with a professional degree (doctor, lawyer, etc.) would get discounted lift tickets, while everyone else pays full price. While such discounts would make sense from the perspective of the business because it would entice more professionals to ski and spend money there, it would be completely unfair to everyone else. I know I'd be mad if I had to pay full price to ski for the day but the guy next to me only had to pay half price because he was, say, an accountant. This would be completely arbitrary and NOT okay. I totally understand where this lawyer is coming from. He's right to stop this type of thing.

And what was Squaw Valley thinking by running to the media with this case? What a stupid thing to do. All it's going to do is provoke more lawyers and more plaintiffs to come forward and assert claims against them and other businesses that offer Furlough Fridays. If Squaw was smart, they would have just resolved the issue quietly and inexpensively. Now they've opened themselves up big time and probably only emboldened this lawyer to actually sue them.

[Dave]

LA above asks how this is different from any other type of discrimination. It's different because the disparate treatment is not related to a protected class, and thus disparate treatment isn't a violation of law. Like Lifeline phone service disparately treats lwo income people and people without low incomes differently. It's OK nbecause your income group is not a protected ground.

JD says that giving discounts to public employees is like a bribe. Giving discounts to public employees CAN be like a bribe, like where a bar gives half price drinks to off duty local police. But where the discount is not sufficiently targeted, for example "to all active duty military," it is not a bribe or ethical violation.

Remember this people, when the times were good, state employees made a fraction of what private sector employees made. Now that the economy is down, people want the public employees to suffer too. If you had both ways, no one would want a state job. It's either safe steady and low pay or take both the ups and the dows with private sector. No one but the derelict is going to take a job that pays horribly and has no benefits in both good times and bad.

[T.G.S.]

Arkansas did something similar about 20 years ago by enacting a state law that eliminated income taxes for retired state employees. Nice. Illegal and unconstitutional but nice. No, it didn't last since the tax relief was not extended to all of the other retirees in the state and the law was found to be discriminatory and, thus, unconstitutional. These discounts are fine as long as EVERYBODY, regardless of financial situation, receives the same consideration. Not likely to happen, is it? Sorry, they should still have to pay to play .... and eat and drink, etc.

[He's Right]

Carla123 wrote:

"Actually it is an outrage that the rest of the LAID off workers in CA don't get the discounts. Why just state workers? That is so unfair and besides they still have a job, just get to have unpaid days off while they still keep their outlandish pay and benefits that the taxpayers pay for."

You're right. Furlough Fridays has nothing do with being nice to people who are in a financial bind and everything to do with the ski resort trying to increase its bottom line by drawing in more customers through illegal and unfair discounts. This makes business sense from the ski resort's perspective, but that doesn't make it right. Maybe the lawyer's clients were people who were laid off, but weren't state workers, and they wanted the discounts too but didn't get them. If that were the case, I'd be pissed off as well. Why should ordinary people pay full price but state workers get discounts?

[Steve]

You guys need to understand he is right. While I normally don't agree with these types of lawsuits, in this case he's right. Why should state employees be the only ones who get the discounts because of a reduction in work hours. If the resort we're simply saying this is our government rate, then OK, but its not.

Those who are against this lawyer are either not fully informed or have a vested interest in seeing the status quo continue

[Angel Garcia]

Firetruck you Mr. Rava. Firetruck you.

[Bill]

Shame on the Bar Association for allowing this guy to practice law.

[home57]

I take offese at the statements "outlandish pay and beneifts" recieved by state employees. The majority of state employees choose working for the state not for the pay, because most of us could obtain higher wages in the private sector, we choose to work for the state for the stability it use to offer. You knew you were going to recieve a pay check every month and you knew you were going to have a job every month. I took a pay cut twenty years ago to come to work for the state but I liked the stabilty it afforded. State employees, just like everyone else, pay taxes, send our kids to college and contribute to the communtiy by paying sells tax. You cut our pay, we don't buy things, further decresaing the sales tax revenue going into the community. State employees , as some people allege, is not the problem. You can't have all this money for services (education, welfare, prisons) going out without money coming in. Oh in case any of you wonder what free or discounted benefits I might receive for my furlough days, I volunteer at my daughter's school becuase the district has cut staff.

[cs]

It is sickening to see how much people are attacking state employees. They are taxpayers also and in fact receive less pay compared to similar jobs they would hold in the private sector. People fail to recognize that state employees are not only employees in Sacramento but are also the employees in your universities, your hospitals, and your public programs. Go ahead and continue with your state employee bashing. But if you think things are bad enough now, wait until they start laying off these employees and closing these programs- the worst is yet to come.

[Sophie]

So now will he sue the countless businesses which offer discounts to active and retired military personnel? The rest of us don't enjoy those benefits, but we understand why they are offered. This idiot makes no sense.

[Fred943]

I agree with this lawsuit 100%. I'd be outraged if I went snowboarding and I had to pay full price while some lazy, overpaid state worker with the best benefits and retirement on earth got a discount. The law should not allow businesses to treat people differently like that. I know people in the private sector who have been laid off or their companies shut down altogether. Why should state employees who still have their jobs (they are only furloughed, not laid off) get discounts while the rest of us, including those who lost their jobs, have to pay full price?

[jorge]

yeah but what about those who also have to take a Furlough day once a week who do not work for the state. i work for a private company and everyone, down to the president of the company has to take a Furlough day a week. i don't see any special pricing for me or anyone else who has been hit by this economy. i say sue.

[capitalism]

this is why you get into private business...because you can be creative and do the things that public service employees can't do for the public. the state of ca would not mandate any such law that senior citizens get discounts at cafes and restaurants. but denny's can. if rava is throwing a fit about this type of treatment and likening it to a civil rights issue, feed his carcass to the homeless. if this act is more of a marketing ploy to catapult his name and/or business, bold and genuis. capitalism, im your #1 fan.

[steve]

The state employees taking offense here make me laugh. I used to work in government and I actually had no idea how good I had it. I was making great money but the benefits and pension were the thing that made it better than my friends in the private sector...plus we even got those days off I never knew people got off...like Columbus Day. You California public employees are in denial. You have it really good and you know it. Plus, the truth is a lot of you ARE lazy and unmotivated and never held accountable for your lack of actions. It was the reason I left government....because I got frustrated with people like you...but selfishly I should have stayed to reap the rewards that you people are. I could have sat back for 30 years and done half the job I did and I still would have done more work in a day than most of you do in a week and you know it.

[Josh]

This dude gives the plaintiff's bar a bad name, which is a shame. The rights of plaintiffs and legitimately aggrieved people have been whittled away, and 99% of the plaintiff's bar works for the betterment of society. This (insert perjorative) works for himself only, in the cracks of the law than any decent person would never stoop do descend into. Way to go.

[rogerugo]

If a state employee is short of money, why would they even want to go skiing? Just asking.

[Scott]

How is offering discounts to state employees any different than offering discounts to AAA members? You want the state employee discount, get a state job. And no, I do not work for the State of California.

[Duh]

These lawsuits hamper a business' ability to target specific markets. Some discounts may appear prima facie discriminatory (ie ladies night, seniors night -discounts based on age and gender) but they arent really discriminatory.

[Steve]

Duh. He wanted publicity. Mission accomplished.

[MexiChick]

What a sour puss! I'm starting furloughs in August and I will be looking for my Furlough Friday discounts!

[Jesse Unruh]

The truth is that the courts of appeal have held that discrimination based on occupational status is a violation of the Unruh Act. The Unruh Act is not limited to the characteristics listed in the Act. Occupational status is a non-enumerated protected classification under the Unruh Act. Google "Sisemore v Master Financial" and see for yourself.

[Jenna]

I agree with this lawsuit, because other people in private sector jobs have also had paycuts in many different forms, and they should receive discounts too. I think that it is discriminating (to a degree) to not just provide a discount at ski resorts or other businesses to only state workers who've suffered pay cuts, but not to private sector workers who've suffered pay cuts.

Its not really an issue that state workers have a lot of perks that we in private sector do not. You shouldnt blow money at a ski resort if you've been laid off, anyways, but it is a little shitty that the offer for a discount is only given to furlough state workers, and not of other companies, in principal. But I shrug my shoulders at it. If you want a fecking discount at more places enroll in a bogus college course at a JC, get a student ID, and be on your merry way. There are discounts for all kinds of things, but in principal I do agree with this lawsuit.

[JIggy Hanz]

What this article doesn't report on is that Squaw Valley's so-called "Furlough Friday" marketing promotion provided deeply discounted lift tickets at $39 each to all State of California employees, whether or not they were furloughed, and charged all other patrons over twice as much, $79, for their lift tickets, even if these other patrons had lost their jobs or were making minimum wage.

Plus, the article doesn't report that this bill will have absolutely no effect on Squaw's Furlough Friday promotion because discounts were not based on whether or not the customers were furloughed or laid off - it was based on whether or not you worked for the State of California. So about 250,000 consumers were eligible for the deep discount, which was denied to the other 36.5 million consumers who do not work for the State of California.

[Danny]

This is just ridiculous, would this guy go after outback steak house for giving away free bloomin onions to veterans on veterans day? or apple for offering discounts to college students?

[Mufon]

JIggy Hanz,

What's your point? If one doesn't like their policy, go somewhere else. Do we need government intervention and payouts in every segment of private industry?