Are Chicago bar dress codes "fashion profiling?"

"We've never done anything to offend anyone because we're consistent," Bryan said.
The art of the dress code can be tricky--both for bar owners trying to maintain ambience and safety, as well as for bar-goers surprised to discover their casual duds don't fly where they expect them to.

As private businesses, bars can implement any dress code they wish, and there are no city rules requiring they publicly post or officially record their dress code, said Efrat Stein, spokeswoman for the Department of Business Affairs and Consumer Protection.

But as a highly publicized incident last month at the Original Mother's nightclub on Division Street showed, dress codes can cause headaches when the language or enforcement are perceived as discriminatory.

The six black students who were denied entry to Mother's say they were turned away because of their race and not, as the bouncers told them, because their baggy jeans violated the dress code. The students said white friends wearing similarly baggy pants were allowed in, according to news reports. The students, from Washington University in St. Louis, opted not to press charges after Mother's agreed to issue a public apology and have managers at the bar undergo diversity sensitivity and awareness training.

Bars can have any dress code they want as long as they're not discriminating against any protected classes, said Kenneth Gunn, first deputy commissioner at Chicago's Commission on Human Relations, which administers the city's Human Rights Ordinance. "If they decided nobody in black habits can come in, that would be discriminating based on religion."

Of course, nun habits are rarely among bars' banned attire. More commonly, baggy pants, hats and jerseys are on the hit list.

Bar managers say dress codes help maintain an upscale atmosphere.

At 10 Pin, a swanky bowling alley and lounge downtown, the dress code prohibits excessively baggy clothing, ripped jeans, work boots and athletic attire such as sweat pants and sweatsuits, said General Manager Victor Tieri.

"I don't want to see anyone's underwear, and I don't think anyone else does either," Tieri said of the baggy clothes policy.

Some customers appreciate dress codes.

Carlos Hernandez, 22, a server who lives in the Gold Coast, said he feels the clientele where he works went downhill after the restaurant, which he declined to name, got rid of its dress code. People are better mannered when they have to dress nicely, he said. Also, the less affluent the customers, he said, the worse his tips.

Others simply won't patronize bars that have dress codes.

As they stood outside of Lucky Strike, another downtown bowling alley and lounge, Erica Neal and her companions scrutinized a large sign that warned entering patrons: "Dress code strictly enforced."

The prohibited attire, as listed on the sign, includes: athletic wear, sweats or sports jerseys; MC colors (which stands for motorcycle club colors); excessively baggy clothing; sleeveless
T-shirts; plain white T-shirts; construction boots; headgear; chains; and ripped or soiled clothing.

"It's kind of off-putting," said Neal, 27, of Hyde Park. "Basically it says that if you're young, urban and blue collar, you can't come in."

Her husband, Brad Neal, 28, said he thought it was sexist, as the banned attire targeted men.

The group decided not to go in the bar.

"Why take yourself that seriously?" Neal said.

Lucky Strike General Manager Chris Logan wrote in an e-mail that the bar's dress code "ensures guests are in appropriate attire for our upscale lounge atmosphere. It is applied in a fair, professional and even-handed manner."

At VLive, a nightclub in Logan Square, General Manager Rafael Mendoza said it's up to the bouncer's discretion to determine who meets the "hip and trendy" dress code.

Mendoza said the club has avoided having a formal dress code in order to stay flexible.
"It's not necessarily about how they're dressed; it's their attitude," Mendoza said. "If you're dressed sharp and here for the right reason, then come on in."

VLive made headlines last month when a 17-year-old male was fatally shot in the club during a concert. Police say the teen was involved in an altercation, but no one has been charged with his murder, according to news reports. Mendoza declined to comment on the incident, but said the point of the dress code isn't for safety.

At Redhead, which has had a dress code since it opened

16 years ago, enforcement is strict as ever. Bryan credits the dress code with the bar's success, as "when people dress nicely, they act nicely."

"There could be days where we're turning away 100-plus people, but I always see it as a long-term business decision," Bryan said. "You have to stick with what is the image of the place."

Up to code?
Chicago's Human Rights Ordinance protects people against discrimination based on race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, or source of income.
The law applies to "public accommodations," which is basically any place that offers services to the public--including bars and nightclubs.

A RedEye review of discrimination complaints filed with the Human Relations Commission found three separate dress-code related complaints over the past three years, all of them claiming race discrimination against nightclubs that prohibited braids in their dress code policy.