General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsACLU: Blocking Chick-fil-A unconstitutional Viewpoint Discrimination
Last edited Sun Jul 29, 2012, 03:52 AM - Edit history (6)
I am posting this because the ACLU is right in this instance and it is important for folks to understand why they are right.
"Viewpoint Discrimination" is an important concept.
Viewpoint is not the same as illegal actions. No business can break the law, regardless of the owner's opinions. A business cannot engage in illegal discrimination, for instance, no matter what the owner thinks.
But the government cannot discriminate against a person or business or church or school or other entity based on their point of view. This came up recently in the case of a state giving an extra tax-break for contributions to charities that benefit the inner city, but specifically excluding Planned Parenthood services that otherwise met the criteria for the tax break.
-Can a town in Alabama deny business permits to a Disney store because Disney provides partner benefits to gay employees?
-Can a zoning board in Texas allow construction of churches but block construction of mosques? Subject businesses that donate to Planned Parenthood to a higher level of zoning scrutiny?
-Can a state require that candidates take The Pledge of Allegiance, or even the Norquist Tax Pledge, in order to be on the ballot? That is, barring candidates based on whether the candidate holds certain views.
-Can a school provide meeting space for the Young Republicans Club, but deny meeting space to the Young Democrats Club?
The government can regulate discrimination in employment or against customers, but what the government cannot do is to punish someone for their words, said ACLU senior attorney Adam Schwartz. When an alderman refuses to allow a business to open because its owner has expressed a viewpoint the government disagrees with, the government is practicing viewpoint discrimination, he added.
...
Chicago Alderman Proco Joe Moreno said he intends to block the chain from opening its second Chicago location over president Dan Cathy's position on gay marriage. Chicago Mayor Rahm Emmanuel supports Moreno's position.
Schwartz explained to Fox that "if a government can exclude a business for being against same-sex marriage, it can also exclude a business for being in support of same-sex marriage."
Read more: http://www.examiner.com/article/aclu-attorney-blocking-chick-fil-a-over-gay-marriage-viewpoint-discrimination
UPDATE: As Prosense helpfully notes below, Alderman Moreno and Mayor Emmanuel have since backed off their position, saying that Chick-fil-a would be treated the same as any other business seeking to open a location in Chicago.
TalkingDog
(9,001 posts)Government and business should be like government and religion. The less they mingle the better off we are.
This is a particularly toxic stew when all 3 come together.
ProSense
(116,464 posts)<...>
Gay couples are our neighbors, our families, members of our own families, theyre our residents- those are our values," Emanuel said. "And we dont want to have any policy that discriminates against people that are essential members and members who contribute to the value of our city. Thats who we are."
To clarify, Cooper (Emanuel press secretary )said Emanuel still believes "their values are not Chicago values." But that doesn't mean he would block them.
"If they meet all the requirements, they're welcome to open a restaurant here."
http://www.nbcchicago.com/blogs/ward-room/Rahm-Chick-fil-A-Chicago-164043916.html
Boston Mayor Thomas M. Menino repeated today that he doesnt want Chick-fil-A in Boston, but he backed away from a threat to actively block the fast-food chain from setting up shop in the city.
I cant do that. That would be interference to his rights to go there, Menino said, referring to company president Dan Cathy, who drew the mayors wrath by going public with his views against same-sex marriage.
- more -
http://bostonherald.com/business/general/view.bg?articleid=1061148712
Memo To The Media: Chick-fil-A Condemns, Discriminates, And Campaigns Against LGBT People
http://thinkprogress.org/lgbt/2012/07/26/589841/memo-to-the-media-and-the-ambivalent-chick-fil-a-condemns-discriminates-and-campaigns-against-lgbt-people/
vanlassie
(5,693 posts)cthulu2016
(10,960 posts)A lot of people will be paying attention to their hiring practices.
WillowTree
(5,325 posts)Remember that the stores are individually-owed franchises. In the last several days I've seen a number of people from the LGBT community in various places state that they work in Chick-fil-a stores and are treated just like everyone else by their employers.
As long as there's no discrimination in their employment practices or against their customers, there really isn't a constitutionally viable reason to bar their stores from any locality based on the individual personal biases of one of their executives.
Bluenorthwest
(45,319 posts)That fact is the key difference in their franchise model. The 'buy in' for new 'owners' is extremely low because Corporate selects location, buys and owns the real estate and the buildings, the Company, not the franchisee owns the place. Most fast food franchises require around 2 million dollars to buy in and start up, Chick fil A costs 'owners' $5,000. The company gets far more of the profits than other fast food companies get. And again, they own the store, physically and the business itself, the operator owns zip. That's what the company calls them 'operators' as they have no equity share whatsoever.
http://www.chick-fil-a.com/Company/Careers-Franchise-Opportunity
Honeycombe8
(37,648 posts)Zalatix
(8,994 posts)Hadn't thought of it that way...
Comrade_McKenzie
(2,526 posts)You deserve whatever comes your way. The ACLU is way too black and white on issues.
cthulu2016
(10,960 posts)The government can mandate same-sex partnership benefits.
The government can ban harrassment of gays in the workplace.
The government can do a lot of things to fight discriminatory actions.
But the government can not discriminate against the beliefs of a business owner.
It is a vital distinction.
If those beliefs are manifested in actions that are illegal then you go after the actions.
I can promise you that viewpoint discrimination, when and where permitted, is used 95% for purposes that you and I would agree to be malignant.
vanlassie
(5,693 posts)To behave appropriately regardless of their stupid beliefs. It should make them think twice about coming
ProSense
(116,464 posts)The government can ban harrassment of gays in the workplace.
The government can do a lot of things to fight discriminatory actions.
But the government can not discriminate against the beliefs of a business owner.
...the contradiction occurs. The first three are about the actions of a business, but the fourth is about the views of the business owner.
The business owner can be anti-any group, but the first three points ensure that he cannot inject those views into the day-to-day operation of his business.
Bluenorthwest
(45,319 posts)There is not Federal law banning discrimination against gay people and in most States it is legal to fire, evict or refuse housing or employment to a gay person or one you think might be gay.
There is nothing in place to 'ensure' he can not inject his views. Nothing.
Facts matter.
Bluenorthwest
(45,319 posts)housing. That is because the Federal government has not done a thing to change that. Sure they 'can do lots of things' but they don't. What they do is lend a hand to bigots and help them do harm to others who are in fact promised equal protection under the law.
The government can not legally treat them differently, but each citizen including those in government can treat any business any way we want to, there is no law saying otherwise. And until we are all on fully equal footing, hate businesses will get to dine on the results of their actions. That lunch counter at Woolworth's was legally segregated, yet the people who insisted on sitting down to dine were and are great heroes for doing that which the government could not and would not do.
Dash87
(3,220 posts)They've been defending the KKK's right to speak for decades too as well. The reason they do this is because they go beyond emotion, and recognize that the slippery slope is real and dangerous. One false move could cause an avalanche, so to speak.
The best way to love your own freedom of expression is to encourage even the most vile to express theirs.
annabanana
(52,791 posts)What would happen to the branch if every gay person in town went, ordered a cup of tea and nursed it for an hour or two?
(Just make sure and be very generous tippers).
NashvilleLefty
(811 posts)that usually is pretty busy during lunch. I have thought several times about going through the drive-thru, and "breaking down" right in front of the order-box or the drive-thru window. Forcing the drive-thru lunchers to either go in or go somewhere else. Then, when the tow-truck finally shows up my car would "miraculously heal itself" and I would drive off happily back to work.
The OP and the ACLU are right, we can't and SHOULDN'T force them not to open a business. But, as consumers, we can make it unprofitable for them!
WillowTree
(5,325 posts)Punish the franchise owner who undoubtedly had no idea what Mr. Cathy's personal beliefs were when s/he opened the store. The franchise owner who, for all you know, has a half-dozen gay people on the payroll.
Damn right! You show them!!
boppers
(16,588 posts)Their god-slinging is part of their company mission statement. Franchise owners can't even be open on Sunday, because, you know, god says so.
WillowTree
(5,325 posts)....that they can always count on not having to work. Such abuse!!
Bolo Boffin
(23,796 posts)Is there anything at all you will not defend for this corporation?
Fumesucker
(45,851 posts)If the views on some minorities of Chick Fil A were not known to the franchisee then he did not exert due diligence in researching the firm before signing the contract to become a franchisee.
Bluenorthwest
(45,319 posts)Corporate retains full ownership of all locations, selects and purchases the real estate, builds the building or pays for leasing. It only costs $5,000 to become an 'operator' because it is not an investment and it has no equity stake involved at all. Other fast food franchises cost around 2 million dollars to start up, franchise fees, location leasing or purchase, and they are franchisee owned, the franchisee owns the location and the business, Corporate is paid fees and shares, they do not own the physical plant nor the business itself.
Chick Fil A itself is very clear in their language, and specifically use the title 'operators' and on their website it says if you expect an equity interest, this is not for you, it is not an investment.
http://www.chick-fil-a.com/Company/Careers-Franchise-Opportunity
Bolo Boffin
(23,796 posts)they will not sign a statement saying they understand the anti-discrimination laws that apply to them.
That's it. That's the hold up. That's what St. Greenwald the Pure's favorite punching bag, Mayor Emmanuel, is talking about.
That's not Chicago blocking Chick-fil-A. That's Chick-fil-A trying to get around the law.
Fuck 'em.
WillowTree
(5,325 posts)Bolo Boffin
(23,796 posts)the standard form.
They also lied to Moreno's face for nine months about their discriminatory practices and bigotry to get the permission to build the second Chick-fil-A. The Cathy interview gave the lie to those statements made to the alderman and he bloody well called them on it.
http://www.chicagotribune.com/news/opinion/ct-perspec-0726-moreno-20120726,0,3773507.story?dssReturn (free account required)
Why does Chick-fil-A get to violate Chicago law?
former9thward
(32,097 posts)The Alderman said: Because of this man's ignorance, I will deny Chick-fil-A a permit to open a restaurant in my ward. That is the sole reason listed in the article for denial of the permit.
Bolo Boffin
(23,796 posts)former9thward
(32,097 posts)I read the article written by the Alderman himself which you linked to. There is nothing about the assertions you made. Either link to them or admit this is BS.
Bolo Boffin
(23,796 posts)From the article I linked:
In an interview with the Biblical Recorder, he was asked about the company's fervent support of the traditional family. "Well, guilty as charged," he said. "We are very much supportive of the family the biblical definition of the family unit. We are a family-owned business, a family-led business, and we are married to our first wives. We give God thanks for that."
Obviously, Cathy has the right to believe, say and give money to whatever cause he wants. But my belief in equality is resolute, and if I were to take the easy way out and turn a blind eye to his remarks, I would be turning my back on the principles I stand for.
I will take that apology from you for misrepresenting what I wrote right now.
former9thward
(32,097 posts)You stated they were violating a law. You stated they would not sign "standard forms". You implied that was the reason the Alderman would not let them build. You then provided a link. This link had nothing to do with those claims. You have not fooled anyone on this thread. You should apologize to the posters on this thread.
Bolo Boffin
(23,796 posts)You lied about me. You continue to lie and misrepresent me. I think you better back up and reconsider your actions.
former9thward
(32,097 posts)You stated they violated the law. I called you on it. Your link does not support you. What law?
Bolo Boffin
(23,796 posts)You said there was nothing at all in my post backed up by the link. I quoted you the part of my post backed up by the link and now YOU are narrowing it to one claim.
You really would be best served by ending your lying about and misrepresentations of me now.
WillowTree
(5,325 posts)What "Chicago law" do you suggest CFA has violated or will violate?
Bolo Boffin
(23,796 posts)Take that back to Corporate and cry to Jesus about it.
WillowTree
(5,325 posts)Bolo Boffin
(23,796 posts)Right now, if you don't mind. I don't have time to play your little foolish games.
WillowTree
(5,325 posts)Bolo Boffin
(23,796 posts)Luminous Animal
(27,310 posts)DearAbby
(12,461 posts)hear me out.
WHY IS THE ACLU DEFENDING A BUSINESS? It has no constitutional rights. It's just a business.
I rest my case.
WillowTree
(5,325 posts)DearAbby
(12,461 posts)Again you are defending a business...Not the people who own the business. People have their rights, their rights ends where it goes to the product they sell. I don't believe the ACLU has a valid case here.
Take the case of the State of Mississippi, it created laws and local level had zoning laws changed for the sole purpose of ending Abortion within that state. the case is before the court now.
If they can create laws to zone out, or law enforcement, make them comply, if they could not comply, they would have to cease operation within that state. We can do the same for a chicken sandwich store....jes sayin.
WillowTree
(5,325 posts)In order for such a ploy to work in this case, they'd have to change their zoning laws to prohibit all McDonald's, Taco Bell, Burger King, KFC, Dairy Queen and other such fast food establishments. Otherwise, they would be clearly discriminatory.
If there's a Wendy's, they'll have a difficult time defending a zoning ordinance that disallows a Chick-fil-a.
And by the way, there has been no assertion by any of the cities who are discussing banning Chick-fil-a stores that their bans would have anything whatsoever to do with "the product they sell". In fact, the proposed bans have nothing whatsoever to do with the business itself at all. The controversy is about denying franchisees the right to open a fast food store based solely on the stated personal beliefs of someone else, namely the company's CEO.
Rham and Alderman Moreno have already backed down on this because they realized that their knee-jerk reactions, while understandable, were not really related to the business, but to the personal statements of one man and their proposed ban would never hold up in court.
Nice try, though.
DearAbby
(12,461 posts)A business is not a person. A city can decide what business they want within their limits.
They can Re-zone laws to prevent a Half-way house from going up in a neighborhood. Or a child-care opening right next door to you. Just takes a majority vote.
WillowTree
(5,325 posts)And certainly not for a reason that has nothing at all to do with the business itself.
You pretty much have to be trying not to see the difference.
DearAbby
(12,461 posts)is really too many, and Chick fil a tried to get a license to operate within city limits...do they choke back disappointment and welcome the 4th chicken sandwich joint, or say three is enough?
Do they have the right to do that? Plan their city?
WillowTree
(5,325 posts)But to play along, in order for that to work, they the city of Chicago would have to deny further licenses to KFC and Browns and any other business that predominently sells chicken. Otherwise it's discriminatory.......and I'm not going to argue with you about whether it's discrimination against the business or the business owner because you seem to be the only one around here who doesn't understand that the business owner is a person whose rights would be thusly infringed upon.
Bluenorthwest
(45,319 posts)sabrina 1
(62,325 posts)They too wanted the Government to intervene and block the building of the Mosque. Airc, the ACLU took the exact same position on that. The business had a right to build that Mosque regardless of the objections of the protesters. I supported that Mosque. Did you?
DearAbby
(12,461 posts)not the same as zoning laws for a business. City planners aren't obligated to hand out licenses just for the asking. We have the right as citizens to dictate the shopping establishments we want.
Would ACLU be trying to press the issue of Coporations/business as a personhood ruling, because to admit discrimination, would have to admit a Business is the same as a Human being...That is why I don't believe they have a valid case.
sabrina 1
(62,325 posts)For the record, I think the Federal laws against discrimination do trump a private business' rights to be prejudiced in its hiring practices and in serving the public.
In the case of this business, while the CEO has expressed his personal opinion, the official position appears to be that his opinion is not reflected in their practices. If that is the case, then you cannot block a business because you don't like the personal opinion of its CEO.
All the politicians who initially spoke about blocking them have since back-tracked on that position, so it's not just the ACLU. While the views of the CEO are reprehensible, far more reprehensible would be setting a standard that a business can be shut down simply because someone holds a personal opinion that is not supported either by the left or the right.
There are other ways to force a business to abide by our anti-discrimination laws, assuming they are not doing so. As for the haters, we can't legislate people's thoughts or opinions, but with time, we can influence them.
DearAbby
(12,461 posts)or the right to speak out. Once you do exercise your right to speak out, don't be surprised of the actions taken.
I would sure as hell try to get a new zoning restriction if a KKK motorcycle club tried to open a Bar and Grill Downtown. I believe as citizens we have that right, not to patronize bigots. nor should be tolerated. We have the right to dictate what is acceptable and what isn't.
They are free to be bigots, and free to feel the consequences. Live and let live concept, let them go where they are welcomed. It's not like that plot of re-estate, is the only one there is.
sabrina 1
(62,325 posts)What you are talking about is citizens reacting to businesses they do not like by using tools that are available to them, boycotts, etc.
What the ACLU is talking about is Government interfering which is a dangerous premise to set because the next time, Government might use its power to interfere in something you support.
And as already pointed out, the mayors and other elected officials who initially threatened to interfere, have back-tracked from those threats while still expressing their opinions.
aquart
(69,014 posts)Ground broken? Building erected?
sabrina 1
(62,325 posts)Ground Zero Mosque Furor a Faint Memory at Park51 Opening
Standing there, two blocks away from the crews working on the Freedom Tower, it left you wondering what all that business last year was truly about. Was it because finally, after nine years of shock, we had a concrete issue to focus all those pent up 9/11 feelings on? Was it just last years version of the Casey Anthony story? Standing amid those pictures of children who managed to smile no matter the odds against them, it was hard to imagine there was ever a problem at all.
Aside from the bigots on the right having been quoted, not surprisingly, by the Norwegian mass murderer, the exposure of who was funding them, who manufactured the entire bigoted response to the center, might also be keeping them quiet these days.
I really love it when bigots are exposed, not only for their bigotry, but for their deceptions such as in their case, pretending to be a 'grass roots' movement, when they were nothing of the kind. They were funded to promate Islamaphobia. Exposed and shamed as they have been, let's hope we don't have to hear from them again.
ProSense
(116,464 posts)"WHY IS THE ACLU DEFENDING A BUSINESS? It has no constitutional rights. It's just a business."
...the way the comment is phrased. It should say business owner instead of business. From the OP:
As stated, it seems to imply that if the government can reject a business' right to discrimination ("exclude a business for being against same-sex marriage" , then the government could also sanction discrimination ("exclude a business for being in support of same-sex marriage" .
That's not a good analogy. Can a business legally decided to discriminate against any group (blacks, women, religious)?
Think about this from the ACLU regarding a "Federal Contractors Non-Discrimination Executive Order":
<...>
The impact that such an executive order would have on LGBT workers is immense, and provides the opportunity to create a tipping point moment with employment protections based on sexual orientation and gender identity. An executive order on contractors, when combined with existing workplace protections provided by state laws in many states and by federal law for federal workers, would likely mean that, for the first time in history, more than half of all American workers would have legally binding workplace rights. And with federal contractors employing people in all 50 states, there would be at least some workplaces in every state where employees would have legally binding protections against discrimination.
The ACLU views this executive order as the single most important step that President Obama could take this year to eradicate anti-LGBT discrimination from American workplaces. The chorus of voices calling for this executive order grows louder each day, and currently includes the editorial page of the Washington Post. Candidate Obama was right to endorse this executive order in 2008. It's time for President Obama to issue it.
http://www.aclu.org/blog/lgbt-rights/president-obama-time-has-come-federal-contractors-non-discrimination-executive
Based on the logic of the statement above from the OP, the argument would be that a President could also sign an executive order "to ensure that federal contractors" discriminate against LGBT workers.
The statement cannot be true in the context of anti-discrimination laws. Protecting the right of a business owner to hold his views is not the same as protecting the right of a business owner to discriminate. It's the difference between opinion (free speech) and action (the act of denying workers' civil rights). A person can hold the views that some people should be exterminated and voice that opinion, but that person cannot move to begin exterminating people.
sabrina 1
(62,325 posts)to allow the marriage of the African American couple. Do Federal laws against discrimination trump the rights of a private business to discriminate? I think they do, but that is just my opinion.
However in this case, it seems that while the views of the CEO are known, the claims are that those views are not put into practice. If they were, then my question remains, would Federal Law supersede the business' claim to a right to implement their own 'laws'. Again, I think it would. But again, I am not a lawyer and have no clue whether I am right or not.
Nye Bevan
(25,406 posts)and confiscated all of its assets without paying compensation, it would not be appropriate for the ACLU to defend DemocraticUnderground LLC? It's only a business, after all.
Beacool
(30,253 posts)Freedom of speech is not only for those who agree with our views. I cringed at Dan Cathy's remarks, but he has a right to make them. It's up to the public to decide whether they want to patronize Chick-fil-A or not. The same goes for the conservatives who object to Disney providing benefits to the gay partners of their employees.
DearAbby
(12,461 posts)he is perfectly free to say whatever his old pea pickin heart desires...BUT...he has to put his big boy pants on, you are responsible for your words, and be man enough to take the consequences of those words.
NO ONE is taking anyone's freedom of speech away...you want to deny me the right to RESPOND.
WillowTree
(5,325 posts)In fact, I have yet to see anyone even attempt to deny you the right to respond.
What you can't do is deny someone else the right to open a completely legal business for reasons that have nothing whatever to do with the business.
DearAbby
(12,461 posts)A business can not be discriminated against, it is not a human being. Helloooo...is this thing on?
WillowTree
(5,325 posts)I just said you cannot deny a person (a.k.a. "human being" the right to open a legal business for reasons having nothing to do with the business. Or, in this case, also having nothing to do with the person being denied the right to open his/her business. You want to be able to tell Jack and Jane Franchisee that they cannot open a Chick-fil-a shop, not because there is anything wrong with the food, not because there is any aspect of the business that does not comport with local ordinances pertaining to every other establishment that sells chicken, not because Jack and/or Jane refuses to hire gay people (or black people, or muslims), not because Jack and/or Jane refuses to serve gay people (or black people, or muslims), but because the CEO of the franchisor has expressed a personal belief that you disagree with that has nothing whatsoever to do with his business.
And you don't see anything wrong with that. Fine. Just sayin' you're wrong is all.
Have a nice weekend.
DearAbby
(12,461 posts)I see a problem with applying a business as a constitutional issue. It doesn't matter what reasons a town gives to Business A, not granting a license.
A business can not claim discrimination because we prefer KFC over Chick fil a. within our city limits.
They are not human beings. The people owning this business can not inject their humanity. It's just a business. Allowing this would set a precedent, much like Citizens United.
By the way, the snark regarding my reading comprehension, de nada, the feeling was mutual.
meaculpa2011
(918 posts)what reasons a town gives for not granting a license. And I can claim discrimination if an agent of the government places obstacles in front of my business while greasing the wheels of my competitor for reasons that have nothing to do with my compliance to the rules set out for EVERYONE!
Bolo Boffin
(23,796 posts)Chick-fil-A has been wanting to build a second chicken shack there. They have permission for the building, but they also want to knock down the building next to them and build a parking lot.
The parking lot requires a zoning variance, because that lot will no longer be contributing tax revenue to the city (not like a healthy business there would). It's in a growing trendy part of town, so this parking lot is no small favor to grant Chick-fil-A -- particularly since there is a church that would be happy to rent the parking lot on Sundays, the day that Chick-fil-A always closes its pious and Christian doors for business. The church gets cheap parking on Sundays, Chick-fil-A gets a tax writeoff for below-market-price charitable giving.
OK, all well and good. But getting a zoning variance is not your Creator-endowed right, just because you're a jobby-job creator. Chicago needs a good reason to give up tax revenues and give Chick-fil-A a further tax writeoff. Part of that is the assurance that Chick-fil-A doesn't discriminate and contribute to the debasement and denial of the rights of some Chicagoans. For nine months, the alderman has been working with Chick-fil-A's lawyers, who again and again assured him of Chick-fil-A's saintly motives.
Said saintly motives came into full view in that Cathy interview. "Guilty as charged," said the crotchety old oaf. That along with the history of discrimination and the history of millions of dollars continuing to to be contributed to hate groups was the final straw for the alderman. If he deems it's not in the best interest of Chicago to grant that zoning variance, it's over. He has that authority as the elected representative of his constituents, and if they don't like the way he handles his power, they will certainly let him know. I have no doubt as to the ability of Chicago residents to make their voices heard.
MNBrewer
(8,462 posts)Is Mr. Cathy = Chick-Fil-A?
Is restricting Chick-Fil-A the same as restricting or "punishing" Mr. Cathy?
Is CFA a "person" and is that "person" Mr. Cathy?
DearAbby
(12,461 posts)to see all evidence of their accusers..again a Business is not a human being. It can not be discriminated against.
cthulu2016
(10,960 posts)Answer that question and it all falls into place.
Of course a business can be discriminated against.
"No business owned by a Jew can be granted a business license."
That only discriminates against businesses. A person doesn't need a business license, a business does.
I appreciate that you think you are right, but discrimination is not limited to individuals.
How about a government funding program for colleges that excludes historically black universities? A university is not a person.
And so on.
Missycim
(950 posts)Can PP be discriminated against if the mayor was a fundie? You would be ok with this?
Beacool
(30,253 posts)I don't know their business structure, but I assume that the majority of the Chick-fil-As are individually owned. Is it fair to punish the owners and their employees for the beliefs of the parent company's president?
Bluenorthwest
(45,319 posts)releases which openly oppose the rights of others. Belief is an inner thing, what Cathy is doing is not believing hateful lies, he is promoting them and using his business as a platform to do so.
cthulu2016
(10,960 posts)Bluenorthwest
(45,319 posts)has many people boycotting them. That is bullshit, it is material he promoted in the press as part of his doing of business. He thought it would profit him to speak hate, and he was incorrect.
And just fyi, Corporate owns all of their locations, their 'franchisees' are actually known as operators as they hold no equity share whatsoever in any portion of the business.
I agree that the government should not prevent them from opening, I just hope a free people using free speech causes that company to find expansion no longer affordable. In fact, seeing closures would be great. Not one location is owned by a private operator. Not one.
Beacool
(30,253 posts)Closures would not be great. They employ thousands of people who would lose their jobs in this very bad economy. The guy may be a jerk, but why should his employees pay for it? I'm sure that he's wealthy enough to continue living well, but how about the people he employs?
Odin2005
(53,521 posts)Fuck them.
DearAbby
(12,461 posts)Businesses have the right to be anywhere they want to be. Cities would be obligated to grant them licenses to operate in their cities, Towns.
Walmarts can force their way in, claiming discrimination. Next we will have to grant preferential treatment due to this discrimination...lets see how far the rabbit hole we could go?
HOW IN THE HELL CAN A BUSINESS BE DISCRIMINATED AGAINST..it is not a HUMAN BEING, the constitution does not apply here.
Luminous Animal
(27,310 posts)etc., issues. This is about blocking a business because of the personal view points of the owner. Those personal views are protected speech and government retaliation taken to punish that speech is considered an Constitutional offense.
Would you defend the mayor of a town or city who sought to block CostCo solely because of the CEO's political views?
Bolo Boffin
(23,796 posts)to Moreno's face for nine months that they were not a discriminatory organization.
They lied to the alderman and he put the kibosh on them. Chick-fil-A should get a pass for lying about the nature of their business?
Luminous Animal
(27,310 posts)Bolo Boffin
(23,796 posts)Luminous Animal
(27,310 posts)Chick-fil-a because of their discriminatory business practices. Hopefully, they will take immediate action and oust every business in their cities that have been sued (and lost) for discrimination. I say they start with Walmart and then next Denny's and then MacDonalds.
Now that would be the kind of city I would like to live in!
Bolo Boffin
(23,796 posts)The lawyers assured him it wasn't the case, and then Cathy ran his mouth.
$5 million in corporate money to anti-gay "charities" from Chick-fil-A. Discrimination suits. On and on the list goes. Sorry, St. Greenwald didn't give you all the facts.
Luminous Animal
(27,310 posts)block a business a license but Moreno clearly admitted that he made the ultimate decision based soley on the speech Dan Cathy
There are consequences for one's actions, statements and beliefs. Because of this man's ignorance, I will deny Chick-fil-A a permit to open a restaurant in my ward.
If there were truly legal and regulatory justifications for blocking Chick-fil-a, then Moreno should have stuck with those. Bringing protected speech into the mix makes Moreno look like an idiot.
WillowTree
(5,325 posts)The case that was referred to was a case of a single franchisee in Georgia who is being sued for gender discrimination. There's no indication that the plaintiff in that case ever sought relief from CFA corporate or that they were ever even made aware of the situation prior to bringing the suit.
That's hardly a justification to deny a franchise to someone else in Chicago. Or Boston, for that matter. In the case of Chicago, it's a moot point now because both Alderman Moreno and Rahm Emmanuel have withdrawn their objections to awarding a business permit to the new franchisee seeking one.
Bolo Boffin
(23,796 posts)And now here you are still minimizing and defending this bullshit hate group-funding chicken joint.
They lied to Moreno's face. He's the alderman and he makes the call. Fuck Chick-fil-A.
WillowTree
(5,325 posts)Moreno was twisting the fact that CFA corporate has assured them that they do not discriminate in their business practices by refusing to hire or serve people based on sexual orientation is a lie because Mr. Cathy stated his personal opposition to gay marriage, which is not the same thing. And it's wrong. Unless they he can demonstrate discriminatory business practices, there is no legal basis to deny the business permit.
And please don't bring up the case in Georgia again. That was one franchisee who is, as yet, only accused of discrimination based on gender and without demonstrating a pattern of such behavior across many franchises, known by CFA corporate, would have no bearing on the eligibility of someone else in a different city to open a new franchise.
Bolo Boffin
(23,796 posts)Because it shows what a goalpost-moving poster you are. Sorry, you asked, I provided, you got to sputtering.
meaculpa2011
(918 posts)They have discrimination suits aganst them and have made out of court settlements. There isn't a business in the country that isn't subject to lawsuits.
Bolo Boffin
(23,796 posts)that Chick-fil-A does. That's what gives the bad faith to Chick-fil-A's claims to not discriminate as a company policy.
WillowTree
(5,325 posts)Can you cite one instance of that business discriminating against anyone anywhere?
And please do tell, in what way did Chick-fil-a lie about the nature of their business? Do you mean to say that they don't actually sell chicken sandwiches and waffle fries?
These are entirely new allegations.
Bolo Boffin
(23,796 posts)from the company's charitable arm.
I cannot believe I have people on DU denying the bigotry of Chick-fil-A and its hypocritical management.
Also:
http://www.dailykos.com/story/2012/07/27/1114244/-Another-Headache-for-Chick-fil-A-Sued-for-Gender-Discrimination
There's your one. You're going to stop defending this bunch of bastards, aren't you?
WillowTree
(5,325 posts)There is a huge difference between expressing views, either as an individual (in the case of Mr. Cathy's remarks), or as a corportion (in the case of charitible or political contributions) and discriminatory business practices. I'm amazed at how many people here are unable, or at least unwilling, to make that distinction.
By your line of logic, a business could also justifiably be denied a city business permit based solely on the basis of the fact that its corporate arm makes donations to Planned Parenthood if some right wing mayor or city council chose to. Works both ways, y'know.
Bolo Boffin
(23,796 posts)Try again.
WillowTree
(5,325 posts)There is no indication that I could see in the suit that any relief was sought from Chick-fil-a corporate or that Chick-fil-a corporate was ever made aware of that problem.
And that suit against ONE franchisee should prevent someone else halfway across the Country from opening a Chick-fil-a store? I find that a little difficult to swallow (no pun intended).
And I still haven't seen any indication that Chick-fil-a or any franchise thereof has ever "lied about the nature of their business". I noticed that you didn't address that.
Bolo Boffin
(23,796 posts)Your defense of a rancid hate chicken shack operation is duly noted. Be off with you now.
PS: Fuck Ron Paul!
Luminous Animal
(27,310 posts)The participatory process of a sustained people's action is hard work but, in our democracy, it is preferable to swift government retaliation.
DearAbby
(12,461 posts)The business isn't human, I didn't violate the owner's rights in anyway.
Like I said up thread, I would block the hell out of a KKK Motorcycle group from opening a Bar And Grill in the middle of town...not because I dislike Bars or grills, I dislike what the KKK stands for, same type of discrimination rhetoric. Gays are AMERICANS, they have violated NO LAW, just existing. This kind of speech should never be tolerated. They are free to be bigots, and I am free to lobby my city council to keep their filthy crusty chicken joint out of my town.
Luminous Animal
(27,310 posts)Whether it be firing them from their job or taking way their property or blocking them conducting business.
Yes, you are free to lobby them to keep them out of your town (the right wing is trying their best to get rid of the last Planned Parenthood in Tennessee or Louisiana - I forget which) but your government is obligated to use non-discriminatory reasons to block a permit. A KKK motorcycle group would present a few legitimate reasons. #1 - They would probably be unwilling to sign your city's non-discrimination regulations documents. #2 - they'd be unable to show that the business would have a benign impact on the neighborhood because of the protests and increased policing. #3 - they would be unable to show that their customers would have a benign impact on the neighborhood.
Jim Lane
(11,175 posts)Legally, American law has long (since long before Citizens United) treated a corporation as a person for some purposes, though not for others. See, for example, the Supreme Court's decision in City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 (1985). The city refused to grant the corporation a permit. The Court held that the refusal was discriminatory and was invalid under the Equal Protection Clause of the Fourteenth Amendment ("no state shall ... deny to any person within its jurisdiction the equal protection of the laws" .
The permit was for a group home for the mentally retarded. The motivation for the denial was prejudice against the retarded, but the entity that was discriminated against was the corporation that applied for the permit to build the group home. You can read more about the decision here: http://en.wikipedia.org/wiki/City_of_Cleburne_v._Cleburne_Living_Center,_Inc.
You're of course free to argue that the Cleburne Living Center decision (and a few hundred others like it) were wrong, and that a sensible legal system would never treat a corporation as a person. Would that be good policy? Well, consider this example:
As others have pointed out in this thread, if blue-state discrimination against businesses were legal, then so would be red-state discrimination. Suppose there's a corporation that grants family medical benefits to same-sex partners, or that donates outdoor equipment to the Sierra Club for a raffle to raise money to fight global warming, or whose CEO heads up Business Executives for Obama. Could a RW-dominated city or state government deny that business the right to operate in its jurisdiction? (Assume that the business complies with all applicable laws about zoning, etc., and the only basis for the exclusion is the progressive conduct described in this paragraph.) Under current law, that discrimination would be illegal. Your interpretation would appear to allow it.
Of course, if a locality has an ordinance that prohibits employment discrimination on the basis of sexual orientation, and a company doesn't abide by that ordinance, then the government can take appropriate steps, which might include denial of permission to open a new franchise. If the only basis is dislike for an opinion, however, then the ACLU is completely correct in opposing that government action.
TheKentuckian
(25,029 posts)say donated to Planned Parenthood or was a member of Sierra Club or even because they had donated to a Democrat?
What goes in Baltimore and Chicago goes in Mississippi and Texas. You are arguing for a precedent that allows the prevailing local political/religious doctrine in a locality to discriminate against businesses of the opposite persuasion.
I don't think you are being philosophically honest or consistent. I don't believe for a moment that you'd have the same message if an business was denied a permit because the president/owner/ceo was an outspoken supporter of gay rights or Costco being denied the ability to open a store because they might lean Democratic or whatever absurd notion some backward ass community fancies.
You can only act against actual discrimination legally, that doesn't mean that individuals cannot boycott or even protest or that other businesses can't promote that they act within the comfort of the community but you can't eliminate equal protection under the law. I certainly do not believe corporations are people but even legal constructs designed to limit individual liability need to be treated equally within the limits created by their charters or soon you will create a wild west situation where the actual people are being discriminated against and yes I think it is discrimination to withhold the right to earn a living to a gay man who wants to open a restaurant because the local yahoos think the gay is evil and can get a majority of yahoos to back them on it.
I bet you'd figure out quick that a black owned business can be discriminated against, person or not.
I think there is and must be some room between no rights and personhood or you'll soon see a nightmarish and sectarian wave flowing across this country and restore a lot of real deal discrimination against minorities and women that will break your heart because it won't be women, or muslims, or blacks being denied it will just be their rightless companies. Never mind that the owner is prevented from a legal and desirable enterprise because the community has spoken. The community doesn't like that you wrote that maximum contribution to Obama, no store for you.
Nye Bevan
(25,406 posts)whose constitutional rights are bring violated.
Bluenorthwest
(45,319 posts)to marry, and we are subjected to unfair and unequal taxation because of that. Part of why this issue is problematic for the 'pro Cathy' folks is that very basic rights are constantly denied to the very minority Cathy attacks in public, at press conferences. Every gay person in America is already that unpopular person having their rights denied and violated.
In most States it is legal to discriminate against gay people and there is no federal law to prevent it.
TheKentuckian
(25,029 posts)It is the court that dropped the ball by not balancing the greater societal good.
Within their mission, what other position was the organization really supposed to take?
I hate the ruling as much as you do but the argument is legitimate.
The problem is that charter law was allowed to go off the rails and the only obligations the legal constructs have is to profits and shareholders instead of also to the communities. Charters became open ended instead of granting specific rights, duties, and obligations within the narrow focus of why the charter is granted.
I think you are angry at the ACLU because they did their job the courts didn't do theirs. Its like "no way the courts do what they are supposed to so it is important that _____ doesn't also do theirs because a can of worms might be opened".
MNBrewer
(8,462 posts)"viewpoint discrimination"? Get real. Either governments CAN discriminate based on viewpoint or not. And,... it just so turns out, they can.
Luminous Animal
(27,310 posts)over zoning regulations?
MNBrewer
(8,462 posts)Then i'm fine with CFA being blocked.... And, I think zoning with respect to "adult" businesses IS viewpoint discrimination. Or more to the point, banning certain types of adult businesses. For example, a dildo store is not allowed to exist in the state of Alabama. I'm A.O.K. with Chick Fil AAAAASShole being banned. No problem whatsoever.
Luminous Animal
(27,310 posts)the political viewpoints of it's liberal CEO.
MNBrewer
(8,462 posts)I'm saying that viewpoint discrimination exists and is A O K if it involves dirty sexy.... why is it bad if it involves Fine Upstanding White Protestant Christians?
Luminous Animal
(27,310 posts)It's the nature of the enterprise and its impact on a street or community that is being restricted. The personal political viewpoint of any of the operators is immaterial. That is; ALL strip joints are banned not just the ones owned by commies. Or ALL churches are restricted in a suburban neighborhood not just the Christian ones.
MNBrewer
(8,462 posts)DearAbby
(12,461 posts)is not a human being, it can not be discriminated against...Would my patronizing KFC be considered a discriminatory act to Chick fil A?
It's another Citizen's united type case, granting businesses rights of a human being....be careful of the zeal to defend the constitution...I have never seen a business born with inalienable rights.
Luminous Animal
(27,310 posts)There has been no evidence presented that the business discriminates against employing gays, retaining gay employees, or denying service to gay patrons. This is about government blocking a lawful legitimate activity based solely on speech that the government doesn't like.
WillowTree
(5,325 posts)The government, at any level, denying Chick-fil-a a business license where they would grant one to KFC based solely on the stated views of the corporate CEO and/or what charities or political causes the corporation donates to would prevent them from doing business and would be discriminatory, your personal (and not necessarily accurate) definition of what discrimination is notwithstanding.
DearAbby
(12,461 posts)business who wishes to open a store. They can be denied for whatever reason. A business is not a human being, therefore can not be discriminated against. It's not human, Constitutional rights does not apply.
When you show me a bouncing baby business, born with inalienable rights, granted to them via their Creator. (wow a lot of Judgements there to rule a corporation or Business PERSONHOOD. Because that would be what was required for the constitution to apply.) Why is the ACLU defending a business as if it were a human being endowed with inalienable rights?
Luminous Animal
(27,310 posts)turn around a grant a license to a Christian grocer at the same location. Zoning laws are politically neutral.
The ACLU is not defending a business. They are defending the right to spout protected speech without fear of government retaliation.
Bolo Boffin
(23,796 posts)That's not protected speech.
Luminous Animal
(27,310 posts)interview. The (now ousted) CEO of Whole Foods is a huge libertarian asshole. In almost every way, most city officials are at odds with his personal political philosophy. Would that be a reason to block Whole Foods from the city?
Bolo Boffin
(23,796 posts)Take your Whole Foods straw man and dispose of it in the proper receptacle.
WillowTree
(5,325 posts)Neither you nor Alderman Moreno nor anyone else has presented one shred of evidence that CFA discriminates against the gay commuity in their business practices. Yes, their CEO has made his personal objection to same-sex marriage known. And yes, corporate donations have been made to organizations that also oppose same-sex marriage. Neither of those things violates any law or any Chicago ordinance. And no one has shown any indication that the business, let alone their franchisees, have practiced any kind of discrimination against the LGBT comunity. No one has demonstrated that they have ever refused to hire a gay person or refused to serve someone based on sexual orientation. Barring that, there is no legal basis to deny the business license.
Bolo Boffin
(23,796 posts)You really must get a new act.
WillowTree
(5,325 posts)You don't have to like it. I don't have to like it. But until something changes, that's the Law of the Land so we have to deal with it. It has nothing to do with their business practices and you (as well as Alderman Moreno) have not been able to demonstrate that CFA or their franchisees have any history of discriminating against gay people in their business practices, which is what the law will look at. If the proposed franchisee takes it to court, I'd be willing to bet money that s/he will win because there will be no evidence that s/he has engaged in any discriminitory practices whatsoever and, as already mentioned, there is already a Chick-fil-a in Chicago, so they would have difficulty explaining why it was OK for that one to open despite the CEO's beliefs and the corporation's donations and not for another.
By the way, you never did answer the question, though, as to if you think it would be OK for a RW mayor or city council to deny someone a business license because the parent company donated money to Planned Parenthood.
Bolo Boffin
(23,796 posts)WillowTree: "there will be no evidence that s/he has engaged in any discriminitory practices whatsoever."
Apologize to me now or STFU.
ETA: More fun from the Forbes article!
Sounds to me like rank hypocrisy. Chick-fil-A wants what it will not give. Fuck 'em.
WillowTree
(5,325 posts)Difference is, I have more manners than to try to tell someone else that they don't get to speak their piece, no matter how much I disagree with them.
Bolo Boffin
(23,796 posts)Where are the goalposts going to go now? Dazzle me. But be warned, I tried talking 9/11 Truthers out of their tree for nine years, so you have to really get creative to surprise me with your bullshit.
WillowTree
(5,325 posts)Like, because the owner is black, for instance?
Or because the owner is gay?
Or because the CEO of the parent company said out loud in public that she is in favor of abortion rights for all women?
Someone can be denied a business permit for any of those reasons? REALLY?
With all due respect, I'll take the opinion of the ACLU over yours as to whether or not a business has constitutional protections against discrimination.
cthulu2016
(10,960 posts)Last edited Sun Jul 29, 2012, 03:53 AM - Edit history (2)
When a stationary store is zoned as a strip club because the owner of the stationary store said in an interview that he likes naked women, then we would have an analogy.
Legally, strip clubs are zoned a certain way because of the nature of the business itself, not because of what the owner of the club said in an interview. I do consider most zoning laws regulating strip joints and sex shops to be unconstitutional, but my view on that is not shared by all and is certainly not the state of American law.
No matter how I feel about such classifications, it is a terrible analogy for this case. If a town banned (or imposed other burdens/limitations on) all fast food restaurants they could go to court and be faced with a fairly low standardprobably "rational basis."
If a town banned all fast food restaurant's whose operators had donated to Democratic candidates that would be voided by any court in the land. In fact, the court would grant an injunction barring enforcement even before the trial because there would be no chance of the city prevailing.
You cannot withhold business permits because of the political or religious views of the business owner.
What the Alderman said was nuts and there is a reason he backed off of it.
Response to cthulu2016 (Original post)
bupkus This message was self-deleted by its author.
Bolo Boffin
(23,796 posts)Not really Democrats in any way, shape, or form, though.
And a hearty Fuck Ron Paul!
Response to Bolo Boffin (Reply #60)
bupkus This message was self-deleted by its author.
Luminous Animal
(27,310 posts)blocking an Olive Garden solely because they donate to Planned Parenthood.
Monk06
(7,675 posts)I'm not American but I'm pretty sure this is First Amendment protected speech.
Everyone has the right to talk like an asshole.
emilyg
(22,742 posts)Skip Intro
(19,768 posts)appleannie1
(5,072 posts)Response to appleannie1 (Reply #99)
bupkus This message was self-deleted by its author.
MADem
(135,425 posts)to apply for jobs, and when they are turned down, you sue 'em.
Apparently they make people write an essay about themselves, to include their "religious" POV, before they are hired.
Bolo Boffin
(23,796 posts)The company might face more suits if it didn't screen potential hires and operators so carefully. Many Chick-fil-A job candidates must endure a yearlong vetting process that includes dozens of interviews. Ty Yokum, the training manager for the chain, sat through 7 interviews and didn't get the job. He reapplied in 1991 and was subjected to another 17 interviews--the final one lasted five hours--and was hired. Bureon Ledbetter, Chick-fil-A's general counsel, says the company works hard to select people like Yokum, who "fit." "We want operators who support the values here," Ledbetter says.
Those who do say they like the member-of-the-club feel that goes along with working with Chick-fil-A. "It is very difficult to get in, but once you're in, you're in for life," says Donald Elam, a Chick-fil-A franchisee in Superstition Springs, Ariz.: "I tell all my people, 'I'm not working for Chick-fil-A; I'm working for the Lord.'"
I'm guessing maybe the waffle-fry guy doesn't get a year-long process. But with these control freaks, anything is possible.
MADem
(135,425 posts)fast food experience and management, but who do not share those "values" of the owner.
It may take a few tries at the brass ring, but I do think that's the way to fix their little red wagon.
Bolo Boffin
(23,796 posts)All on their first wives, naturally.
MADem
(135,425 posts)I'd love it if a wealthy person bought a franchise, and then was able to sue based on "corporate" screwing with them.
Bluenorthwest
(45,319 posts)No such thing as an owner/operator with them. Another fast food franchise will cost millions because you do indeed own it and build it. A Chic fi A operator pays just $5,000 because they own no part of and no equity share in the store. Other franchises require money to buy in, this one requires applicants who pass their exams and training only. They personally select them.
Bolo Boffin
(23,796 posts)The Forbes article I've been quoting said what you said, and some were even considering the operators mere employees because of that. These Cathys are control freaks, and like control freaks, they can't stand for their own methods to come back at them.
Bluenorthwest
(45,319 posts)openly and without any mitigation. It is odd to me that so many think it is illegal across the US to discriminate in housing and employment due to a person's sexuality but it is legal in most States to say 'hey, I'm evicting you because you are a lesbian'.
So the plan is limited to States that are already less bigoted. These are the only States that make discrimination against gay people in employment illegal:
The states banning sexual orientation discrimination in employment are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
Note that the entire South allows open discrimination against gay people.
Nye Bevan
(25,406 posts)Bluenorthwest
(45,319 posts)he libels and attacks is denied actual basic rights by the heterosexual majority. ACLU is defending his right to attack my family's right to exist. I suggest that those denied actual rights while being trash talked by powerful men qualify as 'unpopular' when compared to a multi millionaire who is a leader of American business culture.
HockeyMom
(14,337 posts)If an employee had to take Sundays off "to worship", and not their religious day off, there might be a case on religious discrimination.
randome
(34,845 posts)When a CEO uses his public position to make a very public statement -not a private one- why should the public sit back and take it?
TheKentuckian
(25,029 posts)The public can boycott and protest all they want but the law cannot discriminate.
Would you be tolerant of a locality denying zoning or permits to chicken shack owner was publicly pro-gay? The backward ass people in such a community are not obligated to patronize the gay friendly chicken shack but I have no doubt that the fury of a thousand white hot suns would be on the council that did such a thing and some of those most supportive of discriminating based on an individual's stated beliefs would be crying for action on the highest level, including sending in the national guard or whatever it took to make it right.
People are making arguments in this thread they no way believe. They may think they do in the heat of passion but no way does anyone actually believe that a community should be able to withhold permits because the owner/CEO/president believes in say environmental protection in say a mining town, they are fiercely arguing such but the arguments are dishonest because nary a one will even answer the opposite scenario or even admit they think the environmentally conscience cafe owner should be restrained from operating in the mining town, they just argue to that effect because it suits this case.
No way in hell they say "the community has spoken and set their standards" and "a company can't be discriminated against" tripe in similar but kinda polar opposite cases. Just wait until some little lady who owns a store is shut down for her support of Planned Parenthood using their exact same logic and see where they really stand. You bet your ass that would be discrimination and a political test to boot in every community across the nation.
What a dangerous and thoughtless precedent some want.
Curtland1015
(4,404 posts)I don't like that this guy is against gay rights. Not one bit. I certainly don't like that he donates money to anti gay causes.
What can I do about that? Not go to his restaurant. Vote with my money.
But he has every right to believe what he believes, even if I totally disagree with it... and the city does not have the right to refuse to give him permits based on those beliefs.
Chick-Fil-A isn't refusing to serve gay customers. It isn't refusing to hire gay workers. It doesn't have a corporate stance against gay people. These are one man's personal feelings on a matter that, no matter how wrong we think he is, he is completely entitled to have.
He certainly has every right to open his business up, just as we have every right not to eat there.
WillowTree
(5,325 posts)Thank you.
Bluenorthwest
(45,319 posts)same thing as what citizens are not allowed to do or should not do. To use the ACLU's stance as reason to oppose a boycott by consumers is a misuse of the ACLU's work is you ask me, and many are doing just that.
randome
(34,845 posts)Exclusion versus inclusion.
When a CEO uses his or her public 'powers' to promote exclusion, I DO think other public officials have a right to use their 'powers', as well.
Otherwise, it is a very unbalanced arrangement. (Which, we all know, has always been unbalanced but still...)
dsc
(52,169 posts)I don't like Chik Filet. I won't eat at them. But I live in a part of the country where if governments had the right to shut down businesses based on their CEO's views it would be far more likely to be used against Amazon than Chik Filet.
randome
(34,845 posts)Inclusion is an American value. Exclusion is not.
Curtland1015
(4,404 posts)Not in any "official" type of corporate way. The founder is against gay equality. I hate it and you hate it.
But Chick-Fil-A as a company isn't stopping gay people from eating or working there. There is no solid legal reason to stop them from building a store wherever they want. I get not wanting them to do well, but that should be up to the customer to decide and not the government.
TheKentuckian
(25,029 posts)and certainly too subjective for law.
I'm not pro gun control but I have no desire for a pro gun community to deny operation to a bike shop owner who belonged to Brady or some such shit.
The view point is toxic and can only result in a political test for the availability of opportunity based on majority sentiment and focus on random issues unrelated to the functioning of the enterprise or they would be attacked on those much more solid grounds.
How about putting such standards into the hands of the "war on Christmas" loons?
You also surely accept that there is no such loophole in the law. The claim is existing laws can be utilized to ends that would mean some evil and nasty shit would be perfectly kosher and we all know it sure as shit wouldn't fly.
We've seen calls for use of community exclusive franchise bullshit which we all know would have meant they may have had to to tolerate the _____ at the lunch counter but swear to God the people of the fine community of Bigotsbourough will never be faced with sitting at ______ lunch counter.
No matter how it is sliced, the argument is for limiting opportunity based on political test by government and carried out in some extremes would just break down to whim and favor of whoever has a majority of the apparatus.
All that said, I'm perfectly fine with dictating by charter that companies comply with proper standards in operation. Make that old bigot welcome gay people to his "family", promote them, place them in positions of authority based on merit and he can seethe all he wants and write his checks to other bigots to the cows come to beg for us to eat more chicken.
cthulu2016
(10,960 posts)Sirveri
(4,517 posts)Maybe they should start there rather than whining about this inconsequential non-sense.
cthulu2016
(10,960 posts)You seem to think that the ACLU does not protect abortion clinics from viewpoint discrimination. That is wrong, of course.