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A Dress Code That Suffers From Shoddy Tailoring

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To be sure, many customers, black or white, are happy to pay more to avoid contact with thugs of any race. But as Stevenson argues, these rules seem aimed mainly at the hip-hop crowd. "I see our dollars aren't good enough for you," she wrote.

There's no legal issue here. Although it is illegal in the District for a business to bar anyone by race or personal appearance, the law specifically allows dress codes if they are uniformly applied.

In this case, says Art Spitzer, legal director of the Washington office of the American Civil Liberties Union, "one could suggest that the only plausible reason for this particular list of standards is the effect it would have on African Americans who tend to dress in this sort of way." But the law protects Lucky Strike's code, just as it permits upscale restaurants to make men wear a jacket and tie.

The problem with the Lucky Strike code, Spitzer says, is that it "seems more focused in one direction -- negatively -- on one style of dress, while the jacket and tie requirement is in a positive direction," offering a way for anyone to fit in.

Businesses have come up with ingenious and subtle ways to make it clear who isn't welcome: Everything from decor to typeface, style of music to content of the menu delivers a message about whom a place is really for.

When a bar plays hip-hop, heavy-metal fans don't shout discrimination; they simply choose another hangout.

Lucky Strike is guilty of nothing more or less than being inartful in crafting its appeal. The bowling alley could have achieved the same result by dropping its nasty dress code and making a general request for classy appearance. If it really wants to keep the gang guys out, slap on a music mix involving Lou Rawls, Garth Brooks, Barry White and Harry Connick. A drastic measure, to be sure, but in business, sometimes you have to be ruthless.

E-mail:marcfisher@washpost.com


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