The trashtastic AOL home page instructs me to “Guess why this woman was kicked out of a water park?”
“Because her bottoms were too small,” claimed the staff of the water park, in opposite talk. As commenter rmsaerials put it, “She will never drown.”
The lady concerned, Madelyn Shaeffer, is now suing the water park. She says, “I felt like it was both age and body discrimination and I felt like I could look around me and I could see a handful of other girls half my age, wearing the same size swimming suit and not being singled out and told to put on clothes or leave.” The instant I read the words “suing” and “discrimination” the sympathy I had for Ms Shaeffer evaporated – but I have condensed some of it back by mental effort. Although I support the right of clubs and other private establishments to admit and eject whom they please for good reasons or bad, those reasons ought if possible to be honestly stated in advance and predictably and consistently applied. I can see why Ms Shaeffer is angry that she was ejected on grounds of costume when other women in similar costumes are not ejected. The trouble is, both sides are pretending. Both know but do not say that the actual reason she was ejected was that her artificially enlarged breasts mean that in a bikini, any bikini, she is emitting a loud and continuous sexual signal.
It is a difficult situation for the water park. I stand by my statement that it is desirable that their rules be known and predictable, but nobody can write rules in advance for every situation, which is why it has to come down to the manager’s discretion in the end. I hope Ms Shaeffer loses her suit, but I also hope her entrance fee was refunded. The rule behind the rule against nudity or near nudity is a rule against unignorable sexual signalling. She was doing that, and I think she knows it. When I look at her pose I see someone who is more than ordinarily aware of her appearance. (Truly, the first thing I noticed about her picture was that her stomach was really, really sucked in, to the extent that for a moment I thought it was photoshopped.)
A water park should have the right to position itself in the market as a “family” place where customers are not going to be bombarded with sexual signals. Equally, the water park down the road should have the right to position itself as the place where the hot girls go. The latter ought to have the right not to admit people for not having sexy enough body shapes, whether self-chosen or not. Oddly, this right is often honoured even in our unlibertarian society – the bouncers at many a club will not let ugly or fat people in and nobody sues.