content: Normally, I'd agree with you...but this is different than a business just choosing to charge men more. They specifically refer to it as a "Tax", which means they are doing so at the behest of Government. Such taxation would be specifically against the Equal Enforcement clause of the 14th Amendment. If they want to make it a "Surcharge," then by all means, go hog wild, I say...let the idiots shop there, and the intelligent people will go elsewhere. But by specifically classing it as a "Tax", they indicate they are doing so at the bidding of the State (because retailers collect various taxes to then pass on to the State), which then implicates whatever State this is occurring in for allowing them to post such a notice that they are collecting such a "Tax" at the behest of the State, regardless of whether or not such a "Tax" exists in the tax code. The State grants them a license to operate, so that means that what the State does not forbid them from doing, they implicitly condone, by extension of allowing them to continue under permit from the State. IANAL, but I see several ways this case could potentially be a legal shitstorm.