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dsc

(52,155 posts)
Mon Jul 30, 2012, 08:51 PM Jul 2012

It is not defending Chick-fil-a to say that it is a problem when governments use litmus tests to

decide which business can or can't open up in their cities. Imagine if say Nikki Haley had this power for South Carolina, does anyone seriously think she wouldn't use it to ban say pro union businesses, or pro choice owners. Maybe you want to give this power to Sarah Palin or Sam Brownback. See that is what happens when you decide that public official x should have a particular power, public official y also gets that very same power. You can't give Rahm Emmanuel the power to shut down Chick-fil-a without giving Nikki Haley the power to shut down Amazon or KFC or any other business she may not like. The fact is the mayors of Philadelphia, Boston, and Chicago were just plain wrong when they stated that because they disagreed with the views and donations of the CEO of a company they were going to ban it from their respective cities. The first amendment is there to protect the vulnerable and the unpopular which gays and lesbians still are in many places in the country. Of all people, we should know better.

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It is not defending Chick-fil-a to say that it is a problem when governments use litmus tests to (Original Post) dsc Jul 2012 OP
kick dsc Jul 2012 #1
So cities shouldn't be able to have zoning laws? FreeState Jul 2012 #2
the first part would be fine dsc Jul 2012 #3
Zoning laws can be broader than that I believe FreeState Jul 2012 #4
So would you support a zoning law that allowed a city to ban gay friendly businesses? Travis_0004 Jul 2012 #5
There is nothing wrong with ... 1StrongBlackMan Jul 2012 #31
Using the coercive power of government.... meaculpa2011 Jul 2012 #10
You have three things merged. Igel Jul 2012 #6
As long as the business operates within the law... Jeff In Milwaukee Jul 2012 #40
California state law prohibits discrimination against LGBT people slackmaster Jul 2012 #9
+1 1StrongBlackMan Jul 2012 #33
You were good up until the last part cthulu2016 Jul 2012 #20
You're arguing banning/limiting *types* of businesses versus specific businesses 4th law of robotics Jul 2012 #21
Zoning law that states that all fast food restaurants with >1000 outlets must be open 7 days a week MNBrewer Jul 2012 #32
Would fail the "rational basis" test. cthulu2016 Jul 2012 #50
Not necessarily MNBrewer Jul 2012 #64
You have a good point. Blanks Jul 2012 #7
And the struggling couple that gets shut down in Mississippi because they donated TheKentuckian Jul 2012 #12
I think that's the point. Blanks Jul 2012 #18
knr Lucinda Jul 2012 #8
We've lost our minds Prism Jul 2012 #11
Umm, we have the power to regulate commerce at the state level, the county level, and the city level Major Hogwash Jul 2012 #13
If a company refuses employment or denies service... meaculpa2011 Jul 2012 #15
I disagree ... 1StrongBlackMan Jul 2012 #38
So you've pulled a business permit... meaculpa2011 Jul 2012 #41
So you've pulled a comment out your butt ... 1StrongBlackMan Jul 2012 #56
Still floating, amigo. Still on the rails. meaculpa2011 Jul 2012 #57
Still floating indeed ... 1StrongBlackMan Jul 2012 #61
It's related because... meaculpa2011 Jul 2012 #65
Okay, two things ... 1StrongBlackMan Jul 2012 #69
and if they are discriminating against people dsc Jul 2012 #16
Imagine a restaurant business that won't serve African Americans if they sit down, mmonk Jul 2012 #14
Except Chickfila doesn't refuse to serve anyone. 4th law of robotics Jul 2012 #24
Neither did the restaurant in question. mmonk Jul 2012 #66
Alright, chickfila isn't setting different seating arrangements for different groups 4th law of robotics Aug 2012 #77
I think you need to revisit what is going on joeglow3 Jul 2012 #36
Funny you should mention SC KamaAina Jul 2012 #17
No, it is not a problem, because you can substitute the word "government" for "the people". Marr Jul 2012 #19
Disagree completely econoclast Jul 2012 #28
This is more akin to blocking the construction of a porno theater on your block. Marr Jul 2012 #45
Actually no, it's not econoclast Jul 2012 #58
Yes, it is. Marr Jul 2012 #70
Sorry, see "equal protection" clause econoclast Jul 2012 #73
I agree with Major Hogwash above, and if you combine the ability to regulate commerce with the stevenleser Jul 2012 #22
And you can....when disrimination exists joeglow3 Jul 2012 #37
The discrimination exists. And in terms of what is a 'protected class' its whatever is being stevenleser Jul 2012 #43
No it is not joeglow3 Jul 2012 #44
actually in some states gays are a protected class dsc Jul 2012 #46
And they are federally as well. There have been zero federal appeals cases upholding discrimination stevenleser Jul 2012 #52
Apples and oranges. There is no way that denying service to an LGBT person would stand now. stevenleser Jul 2012 #48
It would sure fly here in NC dsc Jul 2012 #49
No way. I realize this is slightly different, but this is what has been happening in the courts stevenleser Jul 2012 #51
these cases refer to government discrimination dsc Jul 2012 #62
The commerce clause puts the operation of businesses under Federal government regulation. stevenleser Aug 2012 #78
I think most people would argue that the Commerce clause gives the feds the right not the duty to dsc Aug 2012 #80
+1 4th law of robotics Jul 2012 #23
Did these governors/mayors say the word ban...did they say they couldn't come... joeybee12 Jul 2012 #25
I agree ... 1StrongBlackMan Jul 2012 #26
Please tell me what... meaculpa2011 Jul 2012 #29
Chicago ... 1StrongBlackMan Jul 2012 #53
Which government is actually doing that? Or is this just a fantasy scenario? Bluenorthwest Jul 2012 #27
Boston City Government - I think this is a reference to Menino's letter to Chick-Fil-A nt Xipe Totec Jul 2012 #30
Does that letter carry the weight of law? MNBrewer Jul 2012 #34
So a random official making use of his free speech. Not really a law or a thing Bluenorthwest Jul 2012 #39
Mayor Menino said that Chick-Fil-A would... meaculpa2011 Jul 2012 #42
That's the point, isn't it? - Whether it can be enforced or not Xipe Totec Jul 2012 #47
Threatening to abuse the authority of your office isn't using your 1st amendment rights JVS Jul 2012 #59
Thank you. meaculpa2011 Jul 2012 #60
He threatened to use authority he did not have and instantly retracted Bluenorthwest Jul 2012 #67
Governments, and ours is no exception, have done this forever. n/t Egalitarian Thug Jul 2012 #35
Government coercion versus corporate coercion. randome Jul 2012 #54
It's fine as long as the government is imposing a litmus test we agree with, hughee99 Jul 2012 #55
Should communities be allowed to keep Wal-Mart away? sadbear Jul 2012 #63
really? Name them. Only a handful have been able to keep Wal-Mart out. cali Jul 2012 #68
yes as long as they also keep other big box retailers out dsc Jul 2012 #71
No local government has banned Chick-A-Fil-A from operating . . . markpkessinger Jul 2012 #72
No but that is because no people would eat there dsc Jul 2012 #74
They've already effectively used it to drive out abortion providers. Sirveri Jul 2012 #75
funny how "Government has no say in who succeeds and who fails" ... zbdent Jul 2012 #76
It is rather humorous that a company which advocates for institutional bigotry ... HuckleB Aug 2012 #79
that case is hardly dispositive dsc Aug 2012 #81
Nope. HuckleB Aug 2012 #83
Very well put underpants Aug 2012 #82

FreeState

(10,570 posts)
2. So cities shouldn't be able to have zoning laws?
Mon Jul 30, 2012, 10:12 PM
Jul 2012

Halfway houses, pharmacies, restaurants, gas stations, churches, adult book stores, dance clubs, coffee houses etc? Those are all regulated with zoning laws here in San Diego. Why would it be against the law to have zoning laws that say no business can operate in the city center that do not have a non-discrimination policy towards gays, or that no business can operate in a zone of the city that donates to organizations that work to take away civil rights of any group?

dsc

(52,155 posts)
3. the first part would be fine
Mon Jul 30, 2012, 10:20 PM
Jul 2012

and frankly cities should have, no business that discriminates being able to have their business but on the second part that is beyond what can reasonably be considered a zoning issue. Again, if you give this power to Chicago you give it to Midland and Oddessa. Somehow I think those cities would be targeting companies that give to planned parenthood.

FreeState

(10,570 posts)
4. Zoning laws can be broader than that I believe
Mon Jul 30, 2012, 10:35 PM
Jul 2012

One of the basic uses of zoning laws has been to preserve the nature of the neighborhood. It could be possible in my opinion to keep out businesses that don't conform to current standards that make up the neighborhood - depending, of course, on the ability to prove it's a current standard and one the area wishes to keep.

Im sure that the same argument could, and is, used by those wishing to keep abortion clinics or women's health clinics out of certain areas.

Edit to add its also very likely they could work around it by saying the area is for business that offer services 7 days a week

 

Travis_0004

(5,417 posts)
5. So would you support a zoning law that allowed a city to ban gay friendly businesses?
Mon Jul 30, 2012, 11:44 PM
Jul 2012

Lets say an area is very conservative, and they want to pass an ordinance banning gay friendly businesses, and stop a Ben and Jerry's from opening. Would you say that this is their right or would you be pissed off?

I'm fine with an ordinance that says no strip clubs, or even bans a specific type of business, but if zoning allows fast food, than I think any fast food should be allowed. Feel free to boycott the business, and maybe they will go under, but I don't think the government should be deciding what views are acceptable and what views are not.

Like it or not, a business owner has a right to free speech, and the government should not penalize somebody for their speech (Just as a conservative town should not have the right to punish ben and Jerry's for their speech.

 

1StrongBlackMan

(31,849 posts)
31. There is nothing wrong with ...
Tue Jul 31, 2012, 12:47 PM
Jul 2012

banning businesses that operate outside the laws of a city. Being "Gay-friendly" is not against the law ... yet.

Like it or not, a business owner has a right to free speech, and the government should not penalize somebody for their speech (Just as a conservative town should not have the right to punish ben and Jerry's for their speech.


Despite the libertarian argument, this is NOT a "free speech" issue.

A banning could not stand, if it is based on be established based on what a business owner has said; but rather what a business owner does. We have no free speech right to violate the law.

meaculpa2011

(918 posts)
10. Using the coercive power of government....
Tue Jul 31, 2012, 09:31 AM
Jul 2012

to punish speech is not something we should take lightly.

The mayors of Chicago and Boston went way overboard with their ill-conceived statements and were forced to backtrack almost immediately. It's bad enough that local officials use the power of regulation, licensing and zoning to benefit their politically-connected cronies.

I had a car rental business for a few years. Are you suggesting that I should have been shut down for closing on Sundays? Or are you simply in favor of selective enforcement?

You wanna try that 7-day requirement in Williamsburg or the Lower East Side?

Igel

(35,296 posts)
6. You have three things merged.
Tue Jul 31, 2012, 01:11 AM
Jul 2012

The first regulates type of business. They're all commonly zoned for or against.

The second is against allowing a business with certain policies. Chik-fil-As are franchises. It's likely that many or most would have no problem with a non-discrimination policy. You confuse the founder with the franchise owners. They really are different people--one's an old man from the South, the others are several thousand men and women of varying ages and ethnicities. Typically, however, you need to have the group be one that's somehow deemed a class. Courts and government tend to define classes.

The last is a matter of free speech. You may not like free speech when it says something you don't like, but it's a question as to what it means to "take away the civil rights of any group." You have to outsource what "civil rights" means to a specific group or government agency, and then say that that definition controls what can and can't be said.

You might quibble that money isn't speech, but look at DU. If Romney has more campaign money than Obama, what's the problem? Money's not speech. Well, we know that Romney might then outspend Obama in advertising. So we call for people to donate. Not because it would be really embarrassing if Obama raised less cash. But because we know that money = campaign financing = speech. (We flip and flop like an alewife in a dinghy when we talk about whether that kind of speech matters. But that's a different topic.)

Jeff In Milwaukee

(13,992 posts)
40. As long as the business operates within the law...
Tue Jul 31, 2012, 01:10 PM
Jul 2012

governments have no business banning their operations, other than for legitimate reasons like zoning. If Chick-Fil-A is discriminating against GLBT emplohees (or any group of employees, for that matter), they certainly deserve the civil lawsuit that's coming their way. But lots of businesses have been hit with discrimination lawsuits and they're not being foced to move or banned from doing business in certain cities.

I've never eaten at Chick-Fil-A. I was aware that the owners were devout Christians (which is why they're not open on Sundays) but until recently I had no idea about their support of anti-gay organizations. I don't intend to ever set foot in the place -- I'd rather go hungry than give them my money. While a applaud the mayors of Boston and Chicago for taking highly public stands and rebuking Chick-Fil-A's behavior, that's as far as they should go.

Let the "Invisible Hand" of the marketplace (i.e., boycotts and bad publicity) deal with them.

 

slackmaster

(60,567 posts)
9. California state law prohibits discrimination against LGBT people
Tue Jul 31, 2012, 09:29 AM
Jul 2012
Why would it be against the law to have zoning laws that say no business can operate in the city center that do not have a non-discrimination policy towards gays,...

That is covered by state law. Any company that discriminates in employment, or that refused to provide products or services to people based on their sexual orientation, would be in deep yogurt without a spoon.

...or that no business can operate in a zone of the city that donates to organizations that work to take away civil rights of any group?

That's a completely different issue. Such a policy would violate the freedom of speech of the business owner.

cthulu2016

(10,960 posts)
20. You were good up until the last part
Tue Jul 31, 2012, 12:22 PM
Jul 2012

"no business can operate in a zone of the city that donates to organizations that work to take away civil rights of any group"

That is unconstitutional on its face... almost as clearcut an example of what government cannot do as denying people the vote based on what magazines they subscribe to.

For instance, advocating changes in the law or the Constitution is a fundamental right of all reserved against the government.

If somebody wants to donate to a group seeking to rescind the Constitutional Amendment that gave women the vote, or to establish Christianity as the official religion of the US, then that is what they want to do with their money.

You cannot have a zoning law, or any other sort of law, where the government penalizes a particular political position, religious belief or simple opinion.

The government cannot sanction anyone for donating to the "wrong" political causes. (Unless that donation is against the criminal law as aiding terrorism, racketeering, etc.)

 

4th law of robotics

(6,801 posts)
21. You're arguing banning/limiting *types* of businesses versus specific businesses
Tue Jul 31, 2012, 12:28 PM
Jul 2012

big difference.

They can ban all fastfood if they like. But not an individual fast food joint.

MNBrewer

(8,462 posts)
32. Zoning law that states that all fast food restaurants with >1000 outlets must be open 7 days a week
Tue Jul 31, 2012, 12:47 PM
Jul 2012

would do it.

cthulu2016

(10,960 posts)
50. Would fail the "rational basis" test.
Tue Jul 31, 2012, 02:19 PM
Jul 2012

Administrate laws and regulation cannot be arbitrary and capricious. There has to be some sensible claim of a legitimate government interest.

It doesn't have to be a compelling interest, but the number of locations nationally has no rational bearing on what the hours should be.

Blanks

(4,835 posts)
7. You have a good point.
Tue Jul 31, 2012, 09:16 AM
Jul 2012

While I agree with the premise; I have an old saying: "you get away with what you can in this world".

The elected bodies of these places (whether liberal or conservative) that ban a specific business are wrong. On the other hand; there are all kinds of things that go on that are in violation of zoning laws. Typically those things go on because nobody complains about it. In this instance; if the mayor tells you 'you can't build that here' and he doesn't have the authority to legally stop you; that's what the court system is for.

I would expect that Chick-fil-A would win if they took it to court, but who wants to go into a community where they're not welcome? That's the only real authority that the mayor has as the 'ceremonial head of city' he/she can let a business know that they (the city) will stand in their way if they want to establish there.

People have their constitutional rights trampled on all the time by cities; it's up to the trampled to defend their rights.

So whether the mayor is violating anyone's rights is immaterial; unless they're willing to pay an attorney to challenge it.

TheKentuckian

(25,023 posts)
12. And the struggling couple that gets shut down in Mississippi because they donated
Tue Jul 31, 2012, 09:36 AM
Jul 2012

a few bucks to Planned Parenthood can tell their story walking? Put your life savings into opening your little restaurant and some fucks that don't like your politics are killing your dream and your savings so no money to fight city hall? Too bad, so sad?

Most people that would be put in harm's way are not corporate behemoths but "small people" like you and me that are taking a real chance and are trying to create a business.

Seems like non-situational principals and a coherent philosophy seldom lead you astray to me.

Whatever is not clever.

Blanks

(4,835 posts)
18. I think that's the point.
Tue Jul 31, 2012, 12:12 PM
Jul 2012

If you're going to open a franchise and the Mayor says "no Chick-fil-A". To me that means find a different franchise that the leader of the community doesn't find objectionable.

If, however, you're hard headed; you could probably force the community to accept Chick-fil-A through the courts. Doing so may alienate you from the rest of the community. Whether you're a behemoth corporation or a mom and pop shop; going against the leadership of the community may not be your best move.

The OP seems to imply that when we cheer this sort of thing on, and the precedent stands; we are agreeing that it is OK when municipalities bully small businesses.

I think the greater issue here is this: if you've found yourself living in a community that doesn't share your values; do you fight them tooth and nail, move away or bend a little?

Everyone gets to make their own choice. If you don't share the same values as your community; it may be better for you personally to relocate. If you've found yourself in a community that opposes planned parenthood; is it worth jeapordizing your standing in the comminity to support it anyway? That's going to vary case by case; it's still a choice.

If a community punishes you because you defy them; that's something that you might have been able to predict.

 

Prism

(5,815 posts)
11. We've lost our minds
Tue Jul 31, 2012, 09:36 AM
Jul 2012

But culture war politics tend to do that. I can only watch this Chik-Fil-A business and laugh. All my friends who for years mercilessly mocked every pointless, ridiculous Christian boycott are suddenly running around with this Chik-Fil-A business as if it's The Most Important Thing In The World.

And they look equally ridiculous.

In a month, no one will care.

Thankfully.

People really need hobbies.

Major Hogwash

(17,656 posts)
13. Umm, we have the power to regulate commerce at the state level, the county level, and the city level
Tue Jul 31, 2012, 09:38 AM
Jul 2012
It is NOT a first amendment right for a company to discriminate against a class of people.

You must have been asleep that day in American Government class at school.

Seriously, blacks don't have to sit at the back of the bus anymore either.
And guess what else, blacks get to sit at the lunch counter and eat just like everyone else, instead of walking clear to the back of the restaurant and eating in the kitchen where the cook eats his lunch!!

This is 2012, not 1952!!

Wake up and smell the burning Chick-Fil-A sandwich, man.

meaculpa2011

(918 posts)
15. If a company refuses employment or denies service...
Tue Jul 31, 2012, 10:59 AM
Jul 2012

to a particular class of people, the government can file suit and force it to change its policy. When the owner of that company states an opinion the public can ridicule and refuse to buy his product.

The government didn't shut down the bus company or the lunch counters, they forced them to change their discriminatory policies.

Even in the case of proven discrimination, the government cannot simply shut down a business.

I AM awake, and I smell the stench of burning books in many of the comments on this issue.

 

1StrongBlackMan

(31,849 posts)
38. I disagree ...
Tue Jul 31, 2012, 12:55 PM
Jul 2012
Even in the case of proven discrimination, the government cannot simply shut down a business.


The government CAN, most definitely, shut down a business in a case of proven discrimination.

It can do this by fining it out of existence or by pulling its business permit. I've been involved in doing both.

meaculpa2011

(918 posts)
41. So you've pulled a business permit...
Tue Jul 31, 2012, 01:26 PM
Jul 2012

and imposed onerous fines without due process.

Yippee for you.

Examples, please.

 

1StrongBlackMan

(31,849 posts)
56. So you've pulled a comment out your butt ...
Tue Jul 31, 2012, 02:36 PM
Jul 2012

Yippee for you!

You might want to read what I wrote ... Here:

The government CAN, most definitely, shut down a business IN A CASE OF PROVEN DISCRIMINATION.

It can do this by fining it out of existence or by pulling its business permit. I've been involved in doing both.


There ... See where you've gone off the rails?

No apology necessary ... I appreciate that this often happens where one's argument runs aground.

meaculpa2011

(918 posts)
57. Still floating, amigo. Still on the rails.
Tue Jul 31, 2012, 03:22 PM
Jul 2012

What I said was: Even in cases of proven discrimination the government cannot SIMPLY shut down a business.

You can fine them, but there are fine schedules that have to apply to every case. You can sanction them. You can deny them government contracts. You can force them to change their policies or face further sanctions.

Mayor Menino said: "Chick-Fil-A will not get a business permit in Boston." Then he tried to strong-arm the landlord and threatened him with the full force of the city government. No hearing. No evidence of discrimination.

But you seem to be the sort of gov't employee that's perfectly comfortable with this.

A local bureaucrat tried it on me few years ago because I made one of his "favored" contractors submit a bid. Sued the snot out of the town and won.

 

1StrongBlackMan

(31,849 posts)
61. Still floating indeed ...
Tue Jul 31, 2012, 04:23 PM
Jul 2012
You can fine them, but there are fine schedules that have to apply to every case. You can sanction them. You can deny them government contracts. You can force them to change their policies or face further sanctions.


And once, the government fines them for breaking the law; denying them, for breaking the law; and sanctions them for breaking the law; but they continue the offensive policy/practice ... what do you suppose the next step is ... That's right, pull their permit for operating in the municipality because they refuse to comply with the law.

Mayor Menino said: "Chick-Fil-A will not get a business permit in Boston." Then he tried to strong-arm the landlord and threatened him with the full force of the city government. No hearing. No evidence of discrimination.


This is a wholly different argument from what we/I were discussing. I responded to:

Even in the case of proven discrimination, the government cannot simply shut down a business.


And said, Yes government can. You are placing way to much weight on the modifier "Simply", since the operative part of your statement indicates that the discrimination was "Proven"; i.e., hearing, due process.

But you seem to be the sort of gov't employee that's perfectly comfortable with this.


Yes ... I WAS the type of gov't employee that was fine with shutting down businesses that violated the law. And, now that I am no longer in that field, I continue to be the type of non-gov't worker that is, unapologetically, fine with shutting down businesses that practice discrimination.

A local bureaucrat tried it on me few years ago because I made one of his "favored" contractors submit a bid. Sued the snot out of the town and won.


Good for you ... But how is that related to the discussion?

meaculpa2011

(918 posts)
65. It's related because...
Tue Jul 31, 2012, 05:21 PM
Jul 2012

the local bureaucrat cited me for discrimination under the village's diversity rules. He couldn't shut me down, but he tried to have my job permit yanked on one project. He used high-minded language about shutting down businesses that practice discrimination, but it was all just a front for a bribery/shakedown scheme.

Many, many companies have been found guilty of discrimination and were never threatened with being shut down. Starbuck's has had dozens of judgments against them and many more out-of-court settlements. I haven't heard of a single government official that has threatened to keep Starbuck's out of town.

This began as a discussion about free speech and has degenerated into something that should make EVERY American's skin crawl: Government officials using the power of their office to punish constitutionally-protected speech. In this case, without any evidence of actual discrimination, Mayor Menino threatened the landlord of the proposed restaurant. Are you fine with that?

On this matter, I'll gladly take sides with the ACLU against the avenging angels who want to impose the death penalty for expressing incorrect ideas.

Once again: Examples please.

 

1StrongBlackMan

(31,849 posts)
69. Okay, two things ...
Tue Jul 31, 2012, 06:23 PM
Jul 2012

first:

This began as a discussion about free speech and has degenerated into something that should make EVERY American's skin crawl: Government officials using the power of their office to punish constitutionally-protected speech.


Yes, this discussion did get side tracked. But what I, and others, attempted to do was draw a distinction between constitutionally protected speech (e.g., the owners thoughts, statements and opinion) and the unprotected unlawful discrimination (e.g., discriminatory hiring and service decisions).

In this case, without any evidence of actual discrimination, Mayor Menino threatened the landlord of the proposed restaurant. Are you fine with that?


No ... I am not fine with that because, as I have said, the discrimination was not proven. Had the discrimination been proven, then yes, I would have been fine with that.

dsc

(52,155 posts)
16. and if they are discriminating against people
Tue Jul 31, 2012, 11:03 AM
Jul 2012

then the city should shut them down. But thinking marriage is only for straights and giving money to odious groups isn't employment discrimination. I have directly known gay people who have worked for the company here in NC and they have been treated OK. A city has every right to ban discrimination in hiring, promotion, and service. It doesn't have a right to police the donations of businesses.

mmonk

(52,589 posts)
14. Imagine a restaurant business that won't serve African Americans if they sit down,
Tue Jul 31, 2012, 09:41 AM
Jul 2012

only when standing.

mmonk

(52,589 posts)
66. Neither did the restaurant in question.
Tue Jul 31, 2012, 06:01 PM
Jul 2012

But by making them stand, everyone knew where they stood on civil rights. I stood with a friend of mine and ate with him. Never accept injustice even if all they do is send money to people trying to create unjust laws.

 

4th law of robotics

(6,801 posts)
77. Alright, chickfila isn't setting different seating arrangements for different groups
Wed Aug 1, 2012, 10:12 AM
Aug 2012

pretty much it's first come first serve.

If they had a gay section and a not-gay section ok, that would be a comparable analogy.

 

joeglow3

(6,228 posts)
36. I think you need to revisit what is going on
Tue Jul 31, 2012, 12:52 PM
Jul 2012

Your comparison is not even in the same fucking city the ballpark is located in.

 

KamaAina

(78,249 posts)
17. Funny you should mention SC
Tue Jul 31, 2012, 11:05 AM
Jul 2012

a well-known BBQ joint in West Columbia is owned by a Lester Maddox-style segregationist.

 

Marr

(20,317 posts)
19. No, it is not a problem, because you can substitute the word "government" for "the people".
Tue Jul 31, 2012, 12:19 PM
Jul 2012

It is completely reasonable for the population to be able to decide what businesses they want in their town. It's not about shutting businesses down, but not granting them rights to enter in the first place.

econoclast

(543 posts)
28. Disagree completely
Tue Jul 31, 2012, 12:40 PM
Jul 2012

Suppose SC banned theaters from showing films featuring Sean Penn because his private political views were at odds with the community? That's fine?

You have to separate on one hand, the individual's speech and the business' policy. If the BUSINESS doesn't discriminate (and I have yet to hear that Chick FA discriminates in hiring or serving ) then the government shouldn't ban it.

Likewise, if individuals want to boycott for any reason they like that is their right.

Have to separate the actions of individuals from those of the biz or the state.

Freedom is easy when everyone freely does what we support and like. But it gets hard when people freely do or say things we dislike and don't support. But that's when it's most important to defend it.

 

Marr

(20,317 posts)
45. This is more akin to blocking the construction of a porno theater on your block.
Tue Jul 31, 2012, 02:08 PM
Jul 2012

You're mixing zoning in with freedom of speech. They're not the same thing.

econoclast

(543 posts)
58. Actually no, it's not
Tue Jul 31, 2012, 03:25 PM
Jul 2012

Blocking a porno theater in the neighborhood is based on the content of the BUSINESS. The Cfa thing isn't ased on the behavior or policies of the BUSINESS but on the private speech of the owner To use your example, it is more like saying that a porno theater owned by a Democrat is ok but a porno theater owned by a hypocritical Republican is beyond the pale.

You are the one comingling zoning and speech. You want to base a zoning decision regarding a business on the private politics of the owner.

As far as I know, Chick fa -as a business - does not discriminate. The Chick fa founder -as a private citizen - does or wants to. Whatever. His speech as a private citizen should not impact the government's decisions about the legitimate business.

 

Marr

(20,317 posts)
70. Yes, it is.
Tue Jul 31, 2012, 06:23 PM
Jul 2012

The reasons for excluding a business are immaterial. A community might decide to exclude a porno theater or a Wal-Mart or a big polluter, or anything else-- and their reasons need not be submitted for Federal approval.

If the electorate disagrees with their representatives, they are free to replace them with people who are more porno theater/Wal-Mart/polution-friendly.

econoclast

(543 posts)
73. Sorry, see "equal protection" clause
Tue Jul 31, 2012, 07:02 PM
Jul 2012

If zoning regulations violate the equal protection clause or freedom of speech (and this seems to do both) then the reasons for exclusion are not immaterial.

Just because the owner of a legitimate business is an idiot/ass does not give the state the authority to deny the legitimate business to operate.

Whether the individuals want to patronize that business is another matter entirely.

 

stevenleser

(32,886 posts)
22. I agree with Major Hogwash above, and if you combine the ability to regulate commerce with the
Tue Jul 31, 2012, 12:29 PM
Jul 2012

5th and 14th amendments, the states and federal governments have a constitutional duty to shut discriminatory businesses down.

 

joeglow3

(6,228 posts)
37. And you can....when disrimination exists
Tue Jul 31, 2012, 12:55 PM
Jul 2012

However, you HAVE to see the difference between discrimination and the founder of the company sharing his personal views. The second he is putting those views into practice.

Sadly your views breaks down more when considers homosexuals are not a protected class.

 

stevenleser

(32,886 posts)
43. The discrimination exists. And in terms of what is a 'protected class' its whatever is being
Tue Jul 31, 2012, 01:40 PM
Jul 2012

discriminated against.

When a business posts a sign indicating they are going to discriminate against you, that is more than enough to take action.

 

joeglow3

(6,228 posts)
44. No it is not
Tue Jul 31, 2012, 02:07 PM
Jul 2012

A company can refuse to serve people without shoes, smokers, fat people, etc because they are not a "protected class." Sadly, homosexuality is lumped in with those as it is not a protected class. I agree with your position, but that does not change the law.

Edited to add list:

http://en.wikipedia.org/wiki/Protected_class

dsc

(52,155 posts)
46. actually in some states gays are a protected class
Tue Jul 31, 2012, 02:09 PM
Jul 2012

the problem here is that Chick-fil-a doesn't actually discriminate in employment or service.

 

stevenleser

(32,886 posts)
52. And they are federally as well. There have been zero federal appeals cases upholding discrimination
Tue Jul 31, 2012, 02:23 PM
Jul 2012

against LGBT folks in the last two years.

Any discriminatory state law will be struck down when it reaches the federal appeals level. States cannot disregard the 14th amendment.

 

stevenleser

(32,886 posts)
48. Apples and oranges. There is no way that denying service to an LGBT person would stand now.
Tue Jul 31, 2012, 02:16 PM
Jul 2012

Cite a case since January of 2009 where a businesses right to deny service to a person due to sexual orientation or identity was upheld.

dsc

(52,155 posts)
49. It would sure fly here in NC
Tue Jul 31, 2012, 02:18 PM
Jul 2012

I admit I don't know of any businesses that advertize such discrimination I am positive that such discrimination would be upheld by the courts.

 

stevenleser

(32,886 posts)
51. No way. I realize this is slightly different, but this is what has been happening in the courts
Tue Jul 31, 2012, 02:21 PM
Jul 2012

with regard to anti-gay discrimination http://www.democraticunderground.com/1014181907

Federal courts are applying the 5th and 14th amendments just as I have suggested. Federal courts ARE ABSOLUTELY recognizing being LGBT as a protected class.

dsc

(52,155 posts)
62. these cases refer to government discrimination
Tue Jul 31, 2012, 04:27 PM
Jul 2012

which is covered by the 14th. I think that governments likely can't fire gays simply for being gay anymore under those precedents unless the SCOTUS reverses them. But private businesses aren't covered by the 14th Amendment and thus aren't covered under this line of cases.

 

stevenleser

(32,886 posts)
78. The commerce clause puts the operation of businesses under Federal government regulation.
Wed Aug 1, 2012, 10:20 AM
Aug 2012

I would argue that it requires the federal government to intervene if a business is discriminating.

dsc

(52,155 posts)
80. I think most people would argue that the Commerce clause gives the feds the right not the duty to
Wed Aug 1, 2012, 06:40 PM
Aug 2012

regulate. In absence of the federal civil rights law I wonder what the Warren court would have ruled in a case of a private entity discriminating against blacks. I can see a way to make the 14th amendment work there but in absence of the law it is a bit harder.

 

4th law of robotics

(6,801 posts)
23. +1
Tue Jul 31, 2012, 12:29 PM
Jul 2012

Imagine the outrage if this were done in a red state against some company for their pro-gay marriage stance.

 

joeybee12

(56,177 posts)
25. Did these governors/mayors say the word ban...did they say they couldn't come...
Tue Jul 31, 2012, 12:31 PM
Jul 2012

Or just note that they wouldn't be welcomed?

 

1StrongBlackMan

(31,849 posts)
26. I agree ...
Tue Jul 31, 2012, 12:37 PM
Jul 2012

if you do not consider a requirement that the business follow duly enacted laws a litmus test.

 

1StrongBlackMan

(31,849 posts)
53. Chicago ...
Tue Jul 31, 2012, 02:28 PM
Jul 2012

and most municipalities have anti-discrimination laws that include sexual orientation (and religion). If Chick-Fil-A is found to discriminate in terms of employment or access to services, it can be banned from operating in a particular municipality.

On a related note, I am aware that Chick-Fil-A is on several State AG's radar for discriminating in hiring and promotions based on the candidate's religion.

And based on the owner's anti-Gay statements, it is not a leap to view sexual orientation as a proxy for religion.

 

Bluenorthwest

(45,319 posts)
27. Which government is actually doing that? Or is this just a fantasy scenario?
Tue Jul 31, 2012, 12:40 PM
Jul 2012

I've not heard of any place actually doing such a thing. Have you? I'm not much into 'what if the mule goes blind' games. If it is not being done, it is not being done.
And it's not being done. I think the hype around 'what if' is just a way to imply that it is wrong to boycott a business that promotes hate and sells a product that is unhealthful in the first place.
That company has and is using full rights. But they do not think others should have the same rights.
If you have a link to a city that is planning on doing this, not just some sputtering statement from a random official, then it is worth talking about. If not, it is a strawman.

 

Bluenorthwest

(45,319 posts)
39. So a random official making use of his free speech. Not really a law or a thing
Tue Jul 31, 2012, 01:03 PM
Jul 2012

being enforced at all. I thought the pro Chick Fil A crowd was all about a person's right to say anything without any repercussions? Or is that just for haters like their esteemed Mr Cathy?

meaculpa2011

(918 posts)
42. Mayor Menino said that Chick-Fil-A would...
Tue Jul 31, 2012, 01:39 PM
Jul 2012

not be granted a business permit in Boston.

Then, for good measure, he wrote a letter to the landlord of the property warning him that the full wrath of the city government would be brought to bear on him if he rented his property to Chick-Fil-A.

The mayor was then forced almost immediately to issue a statement saying: "Oops. It looks like I don't have the power to do this."

Menino's actions are not free speech, they are government coercion.



 

Bluenorthwest

(45,319 posts)
67. He threatened to use authority he did not have and instantly retracted
Tue Jul 31, 2012, 06:12 PM
Jul 2012

That means no government is actually doing this at all, some random official mouthed off, corrected at once.
I asked if this was actually being done. The short answer apparently is no, it is not. Why not just say 'no, it is not being done'.
No one has stopped anyone from opening the hateful sandwich shop of their choice, anywhere. Some mook shot his mouth off. That's hardly the end of the world.

 

randome

(34,845 posts)
54. Government coercion versus corporate coercion.
Tue Jul 31, 2012, 02:29 PM
Jul 2012

Are they the same? Different? I've been pondering this and I maintain that public officials of public corporations making public statements -i.e. using their 'coercive' powers- to encourage exclusiveness instead of inclusiveness goes against the American ideal.

I think I've probably talked this topic to death on another thread so I won't pile on here but I think the above is a good summary of my thinking on the subject.

hughee99

(16,113 posts)
55. It's fine as long as the government is imposing a litmus test we agree with,
Tue Jul 31, 2012, 02:33 PM
Jul 2012

otherwise, what they're doing is wrong, evil and unconstitutional.

sadbear

(4,340 posts)
63. Should communities be allowed to keep Wal-Mart away?
Tue Jul 31, 2012, 04:29 PM
Jul 2012

I know a lot have made this specific decision. I don't see this as being much different.

 

cali

(114,904 posts)
68. really? Name them. Only a handful have been able to keep Wal-Mart out.
Tue Jul 31, 2012, 06:22 PM
Jul 2012

I live in Vermont where we fought Walmart coming to our state harder than any other state. We were the last state in the country to get a Walmart. With Act 250, we have just about the toughest zoning laws in the country. We have four Walmarts here. They aren't the super walmarts- or whatever they call them.

http://www.americanprofile.com/articles/vermont-was-last-state-in-america-to-get-a-walmart

A proposed Walmart in St. Alban's has been battled for 20 years- and last year the VT SC ruled in Walmart's favor.

ST. ALBANS TOWN, Vt. -

After nearly 20 years of debate, Wal-mart's arrival in St. Albans is delayed again.

Developers planned to break ground on the new store this month. Monday night, they announced said that's not going to happen on-schedule. However, the wait should be a short one.

Just off I-89 and across from the St. Albans' drive-in movie theater sits a cornfield, and the future site of Vermont's soon-to-be biggest Wal-mart. A construction permit is the only visible sign of the 150,000 sq. ft. box store to come.

"It would make it a lot easier to do shopping here in our area instead of having to chase away to Williston," said St. Albans town resident Leslie Wells.

Following nearly two decades of debate and legal wrangling, Vermont's highest court gave the discount store the go ahead last August. A groundbreaking had been promised by the end of May, but at a St. Albans town meeting, developer Jeff Davis said that won't happen.

<snip>

http://www.wcax.com/story/18578281/st-albans-walmart-delayed-again

So I'm calling bullshit on your claim unless you provide the type of evidence for your claims that I provided for mine.

markpkessinger

(8,392 posts)
72. No local government has banned Chick-A-Fil-A from operating . . .
Tue Jul 31, 2012, 06:46 PM
Jul 2012

All that has happened here is that some mayors, city council members/aldermen have written letters of "unwelcome" to Chick-A-Fil-A. But every one of those local politicians knows full well they cannot arbitrarily deny the right of an otherwise legal business to operate provided they comply with all pertinent laws, ordinances, etc. So in one sense, you could say that all of this is mere political grandstanding. But while it may be grandstanding insofar as these letters of "unwelcome" carry no force of law whatsoever, these local politicians are engaging in a practice that is as American as apple pie: the use of the bully pulpit. They are creating social pressure against a company which promotes abhorrent ideas. That is not a violation of the First Amendment in any way, nor is there anything particularly wrong with doing so.

Think of it this way: if Chick-A-Fil-A were subsidizing, say, the Ku Klux Klan, would we even be having this discussion?

Sirveri

(4,517 posts)
75. They've already effectively used it to drive out abortion providers.
Tue Jul 31, 2012, 07:50 PM
Jul 2012

Though I don't think it's appropriate to use it for Chick-Fil-A.

zbdent

(35,392 posts)
76. funny how "Government has no say in who succeeds and who fails" ...
Tue Jul 31, 2012, 08:57 PM
Jul 2012

ah, the good old days of the war profiteers and the industries which got gov't contracts ...

HuckleB

(35,773 posts)
79. It is rather humorous that a company which advocates for institutional bigotry ...
Wed Aug 1, 2012, 10:22 AM
Aug 2012

... is now upset when it faces institutional bigotry aimed at showing disgust toward the company's chosen bigotry.

BTW, bigotry is a choice.

And, no, I'm not in agreement with the governments that are acting in this manner toward this doomed company. Let them open more stores, as fast as possible. Debt will ensue, and Chick-fil-a will be dead, as it should be.

Of course, this issue may not be as stark as some might think:

http://supreme-court-georgia.vlex.com/vid/christian-knights-klux-klan-richmond-20398759

dsc

(52,155 posts)
81. that case is hardly dispositive
Wed Aug 1, 2012, 06:44 PM
Aug 2012

it basically says you didn't raise this objection during trial so we won't hear it now. That isn't the same as saying it is OK to use zoning to advance viewpoint discrimination.

HuckleB

(35,773 posts)
83. Nope.
Wed Aug 1, 2012, 08:41 PM
Aug 2012

It says, "If you're so worried about institutional bigotry, why are you promoting it in the first place?"

Try again.

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