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cthulu2016

(10,960 posts)
Sat Jul 28, 2012, 04:05 PM Jul 2012

ACLU: 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?


Although the ACLU strongly supports same-sex marriage, a senior attorney for the American Civil Liberties Union of Illinois warned that if Chicago bans Chick-fil-A over the religious views of its management, it will be engaging in "viewpoint discrimination," Fox News reported Thursday.

“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.
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ACLU: Blocking Chick-fil-A unconstitutional Viewpoint Discrimination (Original Post) cthulu2016 Jul 2012 OP
I have been uncomfortable with this since the beginning. TalkingDog Jul 2012 #1
A few updates: ProSense Jul 2012 #2
Will they hire gays? vanlassie Jul 2012 #3
I would expect the scrutiny to be high, in this case. cthulu2016 Jul 2012 #8
Yes, "they" do. WillowTree Jul 2012 #12
This is very inaccuate information. Chick fil A Corporation retains ownership of all locations Bluenorthwest Jul 2012 #143
Hmmmm. Good point. I suppose that's true. nt Honeycombe8 Jul 2012 #4
Good point. Damned good point. Zalatix Jul 2012 #5
When you're hating on people for their genetic differences... Comrade_McKenzie Jul 2012 #6
The government can ban discriminatory hiring cthulu2016 Jul 2012 #7
Right. Let them come, then force them vanlassie Jul 2012 #9
That is where ProSense Jul 2012 #21
The first three points are not matters of fact, they are simply not true in most States Bluenorthwest Jul 2012 #132
But in a majority of States it is legal to discriminate against gay people in employment and Bluenorthwest Jul 2012 #131
The ACLU has to be like that. Dash87 Jul 2012 #128
A little creativity could go a LONG way here. annabanana Jul 2012 #10
True! There's one down the street from where I work NashvilleLefty Jul 2012 #11
Brilliant!! WillowTree Jul 2012 #14
What? Are you totally unfamiliar with their company? boppers Jul 2012 #112
Heaven forbid that people should have one day a week... WillowTree Jul 2012 #115
Is there anything you will criticize Chick-fil-A for? Bolo Boffin Jul 2012 #124
The point is that the franchisee knew going in that CfA was religiously oriented.. Fumesucker Jul 2012 #127
Franchisees of Chick fil A are not owners, they are operators with zero equity share. Bluenorthwest Jul 2012 #145
In Chicago, Chick-fil-A cannot get a zoning variance because Bolo Boffin Jul 2012 #13
Not sure where you're getting your information. There's already at least one Chick-fil-a in Chicago WillowTree Jul 2012 #16
They want a zoning variance to build a parking lot next door to a second, but won't sign Bolo Boffin Jul 2012 #38
There is nothing at your link supporting what you posted. former9thward Jul 2012 #66
Bullshit. Read what I posted again. n/t Bolo Boffin Jul 2012 #80
Bullshit back at you. former9thward Jul 2012 #85
Me: "They also lied to Moreno's face for nine months about their discriminatory practices" Bolo Boffin Jul 2012 #93
You are the only one misrepresenting things here. former9thward Jul 2012 #151
Damn, I showed you the quote that backed up what I said and you're still insisting I'm wrong. Bolo Boffin Jul 2012 #156
I am not letting you change the goalposts. former9thward Jul 2012 #160
You are the one changing the goalposts, pardner. Bolo Boffin Jul 2012 #161
Bullshit yourself! WillowTree Jul 2012 #89
Their lawyers lied to Alderman Moreno's face for nine months. Bolo Boffin Jul 2012 #94
Oh details, details!! WillowTree Jul 2012 #81
I've shown former9thward misrepresented me. I'll take your apology, too. Bolo Boffin Jul 2012 #98
No such apology is forthcoming, but nice try. WillowTree Jul 2012 #101
Typical. n/t Bolo Boffin Jul 2012 #103
What standard form. There is nothing about that in the article. Luminous Animal Jul 2012 #87
I question the validity of the case... DearAbby Jul 2012 #15
But the franchise owners do have constitutional rights. WillowTree Jul 2012 #17
They have the rights we the people granted them DearAbby Jul 2012 #18
That's a straw man comparison. WillowTree Jul 2012 #22
Discriminatory to whom? DearAbby Jul 2012 #23
But they can't zone against one fast food establishment when they allow others. WillowTree Jul 2012 #24
Why not? What if the council decide 3 chicken joints DearAbby Jul 2012 #26
You're really making this up as you go along, aren't you? WillowTree Jul 2012 #28
Ah, that is not exactly true.... Bluenorthwest Jul 2012 #133
Then, do you support those who objected to the building of the Mosque in NYC? sabrina 1 Jul 2012 #30
Freedom of Religion is a different issue DearAbby Jul 2012 #32
The question is how much should Government interfere in private matters, business or otherwise. sabrina 1 Jul 2012 #36
People have the right to be private... DearAbby Jul 2012 #47
I don't think anyone is disputing any of that. sabrina 1 Jul 2012 #62
How's that project coming btw? Funding in place? aquart Jul 2012 #111
Seems to be coming along fine. They opened for business in September of last year sabrina 1 Jul 2012 #116
The problem is ProSense Jul 2012 #19
I agree with your last sentence and raised that question in the case of the Church that refused sabrina 1 Jul 2012 #31
So if the Government shut down DemocraticUnderground LLC for no reason, Nye Bevan Jul 2012 #123
I agree. Beacool Jul 2012 #20
No one is denied freedom of speech DearAbby Jul 2012 #25
So far no one's succeeded in denying you the right to respond. WillowTree Jul 2012 #27
True. DearAbby Jul 2012 #33
Reading comprehension issues, I see. WillowTree Jul 2012 #34
Back at cha DearAbby Jul 2012 #41
It certainly does matter... meaculpa2011 Jul 2012 #117
Take Chicago. Bolo Boffin Jul 2012 #120
it might seem a fine point, but... MNBrewer Jul 2012 #39
McCarthy was human...He denied Human beings their constitutional right DearAbby Jul 2012 #42
Is Planned Parenthood a person? cthulu2016 Jul 2012 #114
So answer the question.. Missycim Jul 2012 #162
He is the president of the company. Beacool Jul 2012 #69
If it was his 'beliefs' we'd not even know them. It is about his public statements and press Bluenorthwest Jul 2012 #134
Public statements are speech cthulu2016 Jul 2012 #144
Yep and he is free to it. The other poster claimed it was his 'belifes' not his speech that Bluenorthwest Jul 2012 #146
I disagree with you in one regard. Beacool Jul 2012 #149
The same ACLU that defended Citizens United. Odin2005 Jul 2012 #29
Exactly...re-enforce it with DearAbby Jul 2012 #35
This is not about blocking a business from entering the marketplace based on zoning, environmental, Luminous Animal Jul 2012 #43
"because of the personal view points of the owner." When that owner's lawyers had lied Bolo Boffin Jul 2012 #46
Does Chick-fil-a discriminate in its hiring and serving practices? Luminous Animal Jul 2012 #48
Why, as a matter of fact, yes. Bolo Boffin Jul 2012 #52
Funny that Morena, Rahm, et. al., forgot to mention that they intended to block Luminous Animal Jul 2012 #58
That's Moreno's point, Luminous. He brought up their bigotry again and again. Bolo Boffin Jul 2012 #61
I haven't read anything from Greenwald about this case. Discrimination is a legitimate reason to Luminous Animal Jul 2012 #65
And both Moreno and Rahm Emmanuel have backed-off their objections. WillowTree Jul 2012 #72
You asked for ONE, JUST ONE discrimination case. And I gave you one. Bolo Boffin Jul 2012 #78
What was the lie again? WillowTree Jul 2012 #91
"And please don't bring up the case in Georgia again." Bolo Boffin Jul 2012 #95
Would you ban Starbuck's? meaculpa2011 Jul 2012 #118
Starbuck's doesn't have the record of supporting anti-human rights organizations Bolo Boffin Jul 2012 #119
In what way is Chick-fil-a a discriminatory organization? WillowTree Jul 2012 #51
$5 million to anti-gay groups like Exodus International Bolo Boffin Jul 2012 #53
Sorry, no. WillowTree Jul 2012 #57
I cited you a gender discrimination case against Chick-fil-A Bolo Boffin Jul 2012 #59
I'll grant you your example of ONE franchisee being sued for apparent gender discrimination. WillowTree Jul 2012 #64
BEEEP BEEEP BEEEP Goalposts coming through. Bolo Boffin Jul 2012 #77
WillowTree is not defending Chick-fil-a. Willow tree is defending the First Amendment. Luminous Animal Jul 2012 #83
Yeah? DearAbby Jul 2012 #56
Retaliation for speech is a violation of a person's Constitutional rights. Luminous Animal Jul 2012 #82
Your reiterated assertion that a business is not a person is wrong, both legally and as bad policy. Jim Lane Jul 2012 #88
So, you'd support the decision of a locality to withhold permits because the owner TheKentuckian Jul 2012 #129
Hopefully you will never be the unpopular guy Nye Bevan Jul 2012 #125
The Constitution promies equal protection under the law and yet millions of us are not allowed Bluenorthwest Jul 2012 #136
The ACLU was acting within their narrow mission and focus, Odin. TheKentuckian Jul 2012 #130
So strip clubs and sex shops can be placed wherever because to disallow it is MNBrewer Jul 2012 #37
So, you are saying that this talk of blocking Chick-fil-a is just a misunderstanding Luminous Animal Jul 2012 #40
If zoning is = viewpoint discrimination MNBrewer Jul 2012 #44
So looking forward to you supporting a business being banned by a right-wing mayor for Luminous Animal Jul 2012 #45
I'm not saying it's A O K... MNBrewer Jul 2012 #49
Actually, zoning laws apply to manufacturing, restaurants, liquor stores, churches, etc. Luminous Animal Jul 2012 #63
I think the distinction is without a difference. MNBrewer Jul 2012 #68
A business DearAbby Jul 2012 #50
This issue is not about business practices but about the personal speech. Luminous Animal Jul 2012 #54
Your patronizing KFC instead of Chick-fil-a does not prevent Chick-fil-a from doing business. WillowTree Jul 2012 #67
We are not obligated to grant a license to any DearAbby Jul 2012 #70
Huh? That is simply not true. A city cannot block the license of a corner grocer who is Muslim then Luminous Animal Jul 2012 #73
Ahem. The corporation's lawyers LIED TO MORENO'S FACE. FOR NINE MONTHS. Bolo Boffin Jul 2012 #79
Even Moreno doesn't make that claim. He claims that they were making progress until Cathy's Luminous Animal Jul 2012 #86
Bullshit. The nine months of supposed progress was shown to be a lie by Cathy. Bolo Boffin Jul 2012 #96
Nonsense. WillowTree Jul 2012 #90
I got $5 million of ways they discriminate against the LGBT community with corporate money. Bolo Boffin Jul 2012 #97
Yeah, well that $5M is what's called protected political speech. WillowTree Jul 2012 #100
Forbes Magazine, July 2007: Chick-fil-A has been sued 12 times since 1988. Bolo Boffin Jul 2012 #102
You get to speak, I get to speak. Funny how that works. WillowTree Jul 2012 #104
LOL. I just proved your posts full of the most incredible wankery. Bolo Boffin Jul 2012 #105
"They can be denied for whatever reason." WillowTree Jul 2012 #76
That analogy is Flawed cthulu2016 Jul 2012 #108
This message was self-deleted by its author bupkus Jul 2012 #55
Libertarians are people, too. Bolo Boffin Jul 2012 #60
This message was self-deleted by its author bupkus Jul 2012 #74
I am so looking forward to you defending any rightwing mayor that suggests Luminous Animal Jul 2012 #75
This is a red meat issue for RWers. I don't know why the left is walking into the trap. Monk06 Jul 2012 #71
Good point. emilyg Jul 2012 #84
The ACLU is correct. nt Skip Intro Jul 2012 #92
Good. Once open, let the people decide if they want to eat there. appleannie1 Jul 2012 #99
This message was self-deleted by its author bupkus Jul 2012 #157
Here's how you get 'em--you persuade a bunch of gay or gay-friendly or non-religious people MADem Jul 2012 #106
In 2007, the application process was a year long. Bolo Boffin Jul 2012 #107
They need to find applicants who have the best qualifications in terms of MADem Jul 2012 #109
A couple of married lesbian owner/operators would be nice, too. Bolo Boffin Jul 2012 #110
Sounds good to me! MADem Jul 2012 #113
Franchisees of Chick fil A are not owners, they are operators with zero equity share. Bluenorthwest Jul 2012 #148
Yeah, I shouldn't have said owner. Bolo Boffin Jul 2012 #158
Sue them for what? In most States, it is perfectly legal to discriminate against gay people Bluenorthwest Jul 2012 #138
Everyone loves the ACLU until they defend the rights of unpopular people (nt) Nye Bevan Jul 2012 #121
Hard for me to buy that a very wealthy CEO with full rights is 'unpopular' while the minority group Bluenorthwest Jul 2012 #137
Can Non-Christians have a different day off? HockeyMom Jul 2012 #122
CEOs are public figures of a sort, aren't they? randome Jul 2012 #126
The public doesn't have to and shouldn't. The law is a different matter. TheKentuckian Jul 2012 #135
Exactly right. Curtland1015 Jul 2012 #139
".......nary a one will even answer the opposite scenario......." Exactly! WillowTree Jul 2012 #140
And how easy it is to clearly state that what the government is not allowed to do is not the Bluenorthwest Jul 2012 #141
I see a difference. randome Jul 2012 #142
that is the very definition of viewpoint discrimination dsc Jul 2012 #147
I understand your point but I don't agree. randome Jul 2012 #150
But again, Chick-Fil-A isn't excluding gays. Curtland1015 Jul 2012 #154
Privileged perspective is a logical fallacy TheKentuckian Jul 2012 #155
Nicely written cthulu2016 Jul 2012 #159
Tell this to the abortion providers in red states. Sirveri Jul 2012 #152
Incoherent. cthulu2016 Jul 2012 #153

TalkingDog

(9,001 posts)
1. I have been uncomfortable with this since the beginning.
Sat Jul 28, 2012, 04:09 PM
Jul 2012

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)
2. A few updates:
Sat Jul 28, 2012, 04:21 PM
Jul 2012
Rahm Clarifies Chick-fil-A Stance

<...>

Gay couples are our neighbors, our families, members of our own families, they’re our residents- those are our values," Emanuel said. "And we don’t want to have any policy that discriminates against people that are essential members and members who contribute to the value of our city. That’s 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



Menino says he can’t actively block Chick-fil-A

Boston Mayor Thomas M. Menino repeated today that he doesn’t 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 can’t do that. That would be interference to his rights to go there,” Menino said, referring to company president Dan Cathy, who drew the mayor’s 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/


cthulu2016

(10,960 posts)
8. I would expect the scrutiny to be high, in this case.
Sat Jul 28, 2012, 04:45 PM
Jul 2012

A lot of people will be paying attention to their hiring practices.

WillowTree

(5,325 posts)
12. Yes, "they" do.
Sat Jul 28, 2012, 08:17 PM
Jul 2012

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)
143. This is very inaccuate information. Chick fil A Corporation retains ownership of all locations
Sun Jul 29, 2012, 12:31 PM
Jul 2012

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

 

Comrade_McKenzie

(2,526 posts)
6. When you're hating on people for their genetic differences...
Sat Jul 28, 2012, 04:24 PM
Jul 2012

You deserve whatever comes your way. The ACLU is way too black and white on issues.

cthulu2016

(10,960 posts)
7. The government can ban discriminatory hiring
Sat Jul 28, 2012, 04:33 PM
Jul 2012

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)
9. Right. Let them come, then force them
Sat Jul 28, 2012, 07:00 PM
Jul 2012

To behave appropriately regardless of their stupid beliefs. It should make them think twice about coming

ProSense

(116,464 posts)
21. That is where
Sat Jul 28, 2012, 09:07 PM
Jul 2012
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.

...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)
132. The first three points are not matters of fact, they are simply not true in most States
Sun Jul 29, 2012, 11:00 AM
Jul 2012

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)
131. But in a majority of States it is legal to discriminate against gay people in employment and
Sun Jul 29, 2012, 10:56 AM
Jul 2012

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)
128. The ACLU has to be like that.
Sun Jul 29, 2012, 09:41 AM
Jul 2012

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)
10. A little creativity could go a LONG way here.
Sat Jul 28, 2012, 07:06 PM
Jul 2012

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)
11. True! There's one down the street from where I work
Sat Jul 28, 2012, 07:28 PM
Jul 2012

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)
14. Brilliant!!
Sat Jul 28, 2012, 08:24 PM
Jul 2012

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)
112. What? Are you totally unfamiliar with their company?
Sun Jul 29, 2012, 02:52 AM
Jul 2012

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)
115. Heaven forbid that people should have one day a week...
Sun Jul 29, 2012, 03:23 AM
Jul 2012

....that they can always count on not having to work. Such abuse!!

Bolo Boffin

(23,796 posts)
124. Is there anything you will criticize Chick-fil-A for?
Sun Jul 29, 2012, 09:14 AM
Jul 2012

Is there anything at all you will not defend for this corporation?

Fumesucker

(45,851 posts)
127. The point is that the franchisee knew going in that CfA was religiously oriented..
Sun Jul 29, 2012, 09:28 AM
Jul 2012

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)
145. Franchisees of Chick fil A are not owners, they are operators with zero equity share.
Sun Jul 29, 2012, 12:37 PM
Jul 2012

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)
13. In Chicago, Chick-fil-A cannot get a zoning variance because
Sat Jul 28, 2012, 08:21 PM
Jul 2012

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.

Bolo Boffin

(23,796 posts)
38. They want a zoning variance to build a parking lot next door to a second, but won't sign
Sat Jul 28, 2012, 10:24 PM
Jul 2012

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)
66. There is nothing at your link supporting what you posted.
Sat Jul 28, 2012, 11:18 PM
Jul 2012

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.

former9thward

(32,097 posts)
85. Bullshit back at you.
Sun Jul 29, 2012, 12:15 AM
Jul 2012

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)
93. Me: "They also lied to Moreno's face for nine months about their discriminatory practices"
Sun Jul 29, 2012, 01:15 AM
Jul 2012

From the article I linked:

I've been in discussions with the company for the past nine months. Every time we met, I brought up my concerns that the company supported a homophobic agenda. My concerns were based on financial contributions made by WinShape Foundation, Chick-fil-A's charitable endeavor, to anti-gay groups. I was repeatedly told by company officials that "we (Chick-fil-A) are not political" and that the company "had no political agenda." Just recently, an attorney for the chain tried to convince me of Chick-fil-A's benevolence. During each meeting, I challenged the company to change its ways. Although I thought we had made some progress, Cathy's anti-gay comments made it abundantly clear what the company's true stance is toward equal rights.

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)
151. You are the only one misrepresenting things here.
Sun Jul 29, 2012, 02:20 PM
Jul 2012

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)
156. Damn, I showed you the quote that backed up what I said and you're still insisting I'm wrong.
Sun Jul 29, 2012, 03:46 PM
Jul 2012

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)
160. I am not letting you change the goalposts.
Sun Jul 29, 2012, 05:29 PM
Jul 2012

You stated they violated the law. I called you on it. Your link does not support you. What law?

Bolo Boffin

(23,796 posts)
161. You are the one changing the goalposts, pardner.
Sun Jul 29, 2012, 05:49 PM
Jul 2012

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.

Bolo Boffin

(23,796 posts)
94. Their lawyers lied to Alderman Moreno's face for nine months.
Sun Jul 29, 2012, 01:16 AM
Jul 2012

Take that back to Corporate and cry to Jesus about it.

Bolo Boffin

(23,796 posts)
98. I've shown former9thward misrepresented me. I'll take your apology, too.
Sun Jul 29, 2012, 01:32 AM
Jul 2012

Right now, if you don't mind. I don't have time to play your little foolish games.

DearAbby

(12,461 posts)
15. I question the validity of the case...
Sat Jul 28, 2012, 08:26 PM
Jul 2012

hear me out.

WHY IS THE ACLU DEFENDING A BUSINESS? It has no constitutional rights. It's just a business.

I rest my case.

DearAbby

(12,461 posts)
18. They have the rights we the people granted them
Sat Jul 28, 2012, 08:35 PM
Jul 2012

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)
22. That's a straw man comparison.
Sat Jul 28, 2012, 09:09 PM
Jul 2012

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)
23. Discriminatory to whom?
Sat Jul 28, 2012, 09:22 PM
Jul 2012

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)
24. But they can't zone against one fast food establishment when they allow others.
Sat Jul 28, 2012, 09:26 PM
Jul 2012

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)
26. Why not? What if the council decide 3 chicken joints
Sat Jul 28, 2012, 09:31 PM
Jul 2012

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)
28. You're really making this up as you go along, aren't you?
Sat Jul 28, 2012, 09:41 PM
Jul 2012

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.

sabrina 1

(62,325 posts)
30. Then, do you support those who objected to the building of the Mosque in NYC?
Sat Jul 28, 2012, 09:50 PM
Jul 2012

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)
32. Freedom of Religion is a different issue
Sat Jul 28, 2012, 10:00 PM
Jul 2012

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)
36. The question is how much should Government interfere in private matters, business or otherwise.
Sat Jul 28, 2012, 10:19 PM
Jul 2012

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)
47. People have the right to be private...
Sat Jul 28, 2012, 10:40 PM
Jul 2012

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)
62. I don't think anyone is disputing any of that.
Sat Jul 28, 2012, 11:04 PM
Jul 2012

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.

sabrina 1

(62,325 posts)
116. Seems to be coming along fine. They opened for business in September of last year
Sun Jul 29, 2012, 03:28 AM
Jul 2012
http://nymag.com/daily/intel/2011/09/ground_zero_mosque_furor_a_fai.html

Ground Zero Mosque’ Furor a Faint Memory at Park51 Opening

No one I talked to wanted to discuss the outrageous events of the past year. In fact, neither Pamela Gellar or Robert Spencer — the firebrand bloggers who concocted the bulk of the anti-mosque talking points — even mentioned the Park51 opening on their sites. Then again, they may still by lying low in the wake of the disclosure that their views were widely quoted in the papers of Norwegian gunman Anders Behring Breivik.


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 year’s 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)
19. The problem is
Sat Jul 28, 2012, 08:59 PM
Jul 2012

"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:

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."


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&quot , then the government could also sanction discrimination ("exclude a business for being in support of same-sex marriage&quot .

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":

In a Metro Weekly exclusive published on Thursday afternoon, Chris Geidner writes that President Obama, as a candidate for the office in 2008, specifically endorsed an executive order to ensure that federal contractors do not discriminate against applicants and employees based on their sexual orientation or gender identity.

<...>

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)
31. I agree with your last sentence and raised that question in the case of the Church that refused
Sat Jul 28, 2012, 09:56 PM
Jul 2012

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)
123. So if the Government shut down DemocraticUnderground LLC for no reason,
Sun Jul 29, 2012, 09:12 AM
Jul 2012

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)
20. I agree.
Sat Jul 28, 2012, 09:06 PM
Jul 2012

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)
25. No one is denied freedom of speech
Sat Jul 28, 2012, 09:27 PM
Jul 2012

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)
27. So far no one's succeeded in denying you the right to respond.
Sat Jul 28, 2012, 09:35 PM
Jul 2012

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)
33. True.
Sat Jul 28, 2012, 10:02 PM
Jul 2012

A business can not be discriminated against, it is not a human being. Helloooo...is this thing on?

WillowTree

(5,325 posts)
34. Reading comprehension issues, I see.
Sat Jul 28, 2012, 10:14 PM
Jul 2012

I just said you cannot deny a person (a.k.a. "human being&quot 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)
41. Back at cha
Sat Jul 28, 2012, 10:27 PM
Jul 2012

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)
117. It certainly does matter...
Sun Jul 29, 2012, 04:42 AM
Jul 2012

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)
120. Take Chicago.
Sun Jul 29, 2012, 05:54 AM
Jul 2012

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)
39. it might seem a fine point, but...
Sat Jul 28, 2012, 10:24 PM
Jul 2012

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)
42. McCarthy was human...He denied Human beings their constitutional right
Sat Jul 28, 2012, 10:29 PM
Jul 2012

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)
114. Is Planned Parenthood a person?
Sun Jul 29, 2012, 03:08 AM
Jul 2012

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)
162. So answer the question..
Mon Jul 30, 2012, 01:09 PM
Jul 2012

Can PP be discriminated against if the mayor was a fundie? You would be ok with this?

Beacool

(30,253 posts)
69. He is the president of the company.
Sat Jul 28, 2012, 11:27 PM
Jul 2012

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)
134. If it was his 'beliefs' we'd not even know them. It is about his public statements and press
Sun Jul 29, 2012, 11:10 AM
Jul 2012

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.

 

Bluenorthwest

(45,319 posts)
146. Yep and he is free to it. The other poster claimed it was his 'belifes' not his speech that
Sun Jul 29, 2012, 12:45 PM
Jul 2012

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)
149. I disagree with you in one regard.
Sun Jul 29, 2012, 01:19 PM
Jul 2012

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?

DearAbby

(12,461 posts)
35. Exactly...re-enforce it with
Sat Jul 28, 2012, 10:16 PM
Jul 2012

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)
43. This is not about blocking a business from entering the marketplace based on zoning, environmental,
Sat Jul 28, 2012, 10:33 PM
Jul 2012

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)
46. "because of the personal view points of the owner." When that owner's lawyers had lied
Sat Jul 28, 2012, 10:38 PM
Jul 2012

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)
58. Funny that Morena, Rahm, et. al., forgot to mention that they intended to block
Sat Jul 28, 2012, 10:58 PM
Jul 2012

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)
61. That's Moreno's point, Luminous. He brought up their bigotry again and again.
Sat Jul 28, 2012, 11:02 PM
Jul 2012

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)
65. I haven't read anything from Greenwald about this case. Discrimination is a legitimate reason to
Sat Jul 28, 2012, 11:15 PM
Jul 2012

block a business a license but Moreno clearly admitted that he made the ultimate decision based soley on the speech Dan Cathy

Initially, I had some traffic concerns with their plan. But then I heard the bigoted, homophobic comments by Chick-fil-A President Dan Cathy, who recently came out against same-sex marriage.

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)
72. And both Moreno and Rahm Emmanuel have backed-off their objections.
Sat Jul 28, 2012, 11:39 PM
Jul 2012

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)
78. You asked for ONE, JUST ONE discrimination case. And I gave you one.
Sat Jul 28, 2012, 11:56 PM
Jul 2012

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)
91. What was the lie again?
Sun Jul 29, 2012, 12:42 AM
Jul 2012

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)
95. "And please don't bring up the case in Georgia again."
Sun Jul 29, 2012, 01:17 AM
Jul 2012

Because it shows what a goalpost-moving poster you are. Sorry, you asked, I provided, you got to sputtering.

meaculpa2011

(918 posts)
118. Would you ban Starbuck's?
Sun Jul 29, 2012, 04:48 AM
Jul 2012

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)
119. Starbuck's doesn't have the record of supporting anti-human rights organizations
Sun Jul 29, 2012, 05:20 AM
Jul 2012

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)
51. In what way is Chick-fil-a a discriminatory organization?
Sat Jul 28, 2012, 10:48 PM
Jul 2012

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)
53. $5 million to anti-gay groups like Exodus International
Sat Jul 28, 2012, 10:50 PM
Jul 2012

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)
57. Sorry, no.
Sat Jul 28, 2012, 10:58 PM
Jul 2012

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.

WillowTree

(5,325 posts)
64. I'll grant you your example of ONE franchisee being sued for apparent gender discrimination.
Sat Jul 28, 2012, 11:12 PM
Jul 2012

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)
77. BEEEP BEEEP BEEEP Goalposts coming through.
Sat Jul 28, 2012, 11:53 PM
Jul 2012

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)
83. WillowTree is not defending Chick-fil-a. Willow tree is defending the First Amendment.
Sun Jul 29, 2012, 12:07 AM
Jul 2012

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)
56. Yeah?
Sat Jul 28, 2012, 10:54 PM
Jul 2012

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)
82. Retaliation for speech is a violation of a person's Constitutional rights.
Sun Jul 29, 2012, 12:02 AM
Jul 2012

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)
88. Your reiterated assertion that a business is not a person is wrong, both legally and as bad policy.
Sun Jul 29, 2012, 12:21 AM
Jul 2012

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&quot .

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)
129. So, you'd support the decision of a locality to withhold permits because the owner
Sun Jul 29, 2012, 10:20 AM
Jul 2012

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.

 

Bluenorthwest

(45,319 posts)
136. The Constitution promies equal protection under the law and yet millions of us are not allowed
Sun Jul 29, 2012, 11:20 AM
Jul 2012

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)
130. The ACLU was acting within their narrow mission and focus, Odin.
Sun Jul 29, 2012, 10:40 AM
Jul 2012

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)
37. So strip clubs and sex shops can be placed wherever because to disallow it is
Sat Jul 28, 2012, 10:22 PM
Jul 2012

"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)
40. So, you are saying that this talk of blocking Chick-fil-a is just a misunderstanding
Sat Jul 28, 2012, 10:26 PM
Jul 2012

over zoning regulations?

MNBrewer

(8,462 posts)
44. If zoning is = viewpoint discrimination
Sat Jul 28, 2012, 10:34 PM
Jul 2012

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)
45. So looking forward to you supporting a business being banned by a right-wing mayor for
Sat Jul 28, 2012, 10:37 PM
Jul 2012

the political viewpoints of it's liberal CEO.

MNBrewer

(8,462 posts)
49. I'm not saying it's A O K...
Sat Jul 28, 2012, 10:41 PM
Jul 2012

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)
63. Actually, zoning laws apply to manufacturing, restaurants, liquor stores, churches, etc.
Sat Jul 28, 2012, 11:05 PM
Jul 2012

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.

DearAbby

(12,461 posts)
50. A business
Sat Jul 28, 2012, 10:45 PM
Jul 2012

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)
54. This issue is not about business practices but about the personal speech.
Sat Jul 28, 2012, 10:52 PM
Jul 2012

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)
67. Your patronizing KFC instead of Chick-fil-a does not prevent Chick-fil-a from doing business.
Sat Jul 28, 2012, 11:21 PM
Jul 2012

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)
70. We are not obligated to grant a license to any
Sat Jul 28, 2012, 11:32 PM
Jul 2012

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)
73. Huh? That is simply not true. A city cannot block the license of a corner grocer who is Muslim then
Sat Jul 28, 2012, 11:40 PM
Jul 2012

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.

Luminous Animal

(27,310 posts)
86. Even Moreno doesn't make that claim. He claims that they were making progress until Cathy's
Sun Jul 29, 2012, 12:15 AM
Jul 2012

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)
96. Bullshit. The nine months of supposed progress was shown to be a lie by Cathy.
Sun Jul 29, 2012, 01:18 AM
Jul 2012

Take your Whole Foods straw man and dispose of it in the proper receptacle.

WillowTree

(5,325 posts)
90. Nonsense.
Sun Jul 29, 2012, 12:35 AM
Jul 2012

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)
97. I got $5 million of ways they discriminate against the LGBT community with corporate money.
Sun Jul 29, 2012, 01:19 AM
Jul 2012

You really must get a new act.

WillowTree

(5,325 posts)
100. Yeah, well that $5M is what's called protected political speech.
Sun Jul 29, 2012, 01:55 AM
Jul 2012

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)
102. Forbes Magazine, July 2007: Chick-fil-A has been sued 12 times since 1988.
Sun Jul 29, 2012, 02:02 AM
Jul 2012
http://www.forbes.com/forbes/2007/0723/080.html

Chick-fil-A, the corporate parent, has been sued at least 12 times since 1988 on charges of employment discrimination, according to records in U.S. District Courts. Aziz Latif, a former Chick-fil-A restaurant manager in Houston, sued the company in 2002 after Latif, a Muslim, says he was fired a day after he didn't participate in a group prayer to Jesus Christ at a company training program in 2000. The suit was settled on undisclosed terms.


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!

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.


Sounds to me like rank hypocrisy. Chick-fil-A wants what it will not give. Fuck 'em.

WillowTree

(5,325 posts)
104. You get to speak, I get to speak. Funny how that works.
Sun Jul 29, 2012, 02:05 AM
Jul 2012

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)
105. LOL. I just proved your posts full of the most incredible wankery.
Sun Jul 29, 2012, 02:08 AM
Jul 2012

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)
76. "They can be denied for whatever reason."
Sat Jul 28, 2012, 11:44 PM
Jul 2012

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)
108. That analogy is Flawed
Sun Jul 29, 2012, 02:28 AM
Jul 2012

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 standard—probably "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)

Bolo Boffin

(23,796 posts)
60. Libertarians are people, too.
Sat Jul 28, 2012, 11:00 PM
Jul 2012

Not really Democrats in any way, shape, or form, though.

And a hearty Fuck Ron Paul!

Response to Bolo Boffin (Reply #60)

Luminous Animal

(27,310 posts)
75. I am so looking forward to you defending any rightwing mayor that suggests
Sat Jul 28, 2012, 11:44 PM
Jul 2012

blocking an Olive Garden solely because they donate to Planned Parenthood.

Monk06

(7,675 posts)
71. This is a red meat issue for RWers. I don't know why the left is walking into the trap.
Sat Jul 28, 2012, 11:35 PM
Jul 2012

I'm not American but I'm pretty sure this is First Amendment protected speech.

Everyone has the right to talk like an asshole.

Response to appleannie1 (Reply #99)

MADem

(135,425 posts)
106. Here's how you get 'em--you persuade a bunch of gay or gay-friendly or non-religious people
Sun Jul 29, 2012, 02:20 AM
Jul 2012

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)
107. In 2007, the application process was a year long.
Sun Jul 29, 2012, 02:23 AM
Jul 2012
http://www.forbes.com/forbes/2007/0723/080.html

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)
109. They need to find applicants who have the best qualifications in terms of
Sun Jul 29, 2012, 02:43 AM
Jul 2012

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)
110. A couple of married lesbian owner/operators would be nice, too.
Sun Jul 29, 2012, 02:45 AM
Jul 2012

All on their first wives, naturally.

MADem

(135,425 posts)
113. Sounds good to me!
Sun Jul 29, 2012, 03:00 AM
Jul 2012

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)
148. Franchisees of Chick fil A are not owners, they are operators with zero equity share.
Sun Jul 29, 2012, 12:57 PM
Jul 2012

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)
158. Yeah, I shouldn't have said owner.
Sun Jul 29, 2012, 03:48 PM
Jul 2012

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)
138. Sue them for what? In most States, it is perfectly legal to discriminate against gay people
Sun Jul 29, 2012, 11:33 AM
Jul 2012

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.

 

Bluenorthwest

(45,319 posts)
137. Hard for me to buy that a very wealthy CEO with full rights is 'unpopular' while the minority group
Sun Jul 29, 2012, 11:25 AM
Jul 2012

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)
122. Can Non-Christians have a different day off?
Sun Jul 29, 2012, 08:59 AM
Jul 2012

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)
126. CEOs are public figures of a sort, aren't they?
Sun Jul 29, 2012, 09:20 AM
Jul 2012

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)
135. The public doesn't have to and shouldn't. The law is a different matter.
Sun Jul 29, 2012, 11:20 AM
Jul 2012

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)
139. Exactly right.
Sun Jul 29, 2012, 11:37 AM
Jul 2012

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.

 

Bluenorthwest

(45,319 posts)
141. And how easy it is to clearly state that what the government is not allowed to do is not the
Sun Jul 29, 2012, 12:16 PM
Jul 2012

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)
142. I see a difference.
Sun Jul 29, 2012, 12:16 PM
Jul 2012

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)
147. that is the very definition of viewpoint discrimination
Sun Jul 29, 2012, 12:55 PM
Jul 2012

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)
150. I understand your point but I don't agree.
Sun Jul 29, 2012, 01:39 PM
Jul 2012

Inclusion is an American value. Exclusion is not.

Curtland1015

(4,404 posts)
154. But again, Chick-Fil-A isn't excluding gays.
Sun Jul 29, 2012, 02:36 PM
Jul 2012

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)
155. Privileged perspective is a logical fallacy
Sun Jul 29, 2012, 03:27 PM
Jul 2012

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.

Sirveri

(4,517 posts)
152. Tell this to the abortion providers in red states.
Sun Jul 29, 2012, 02:22 PM
Jul 2012

Maybe they should start there rather than whining about this inconsequential non-sense.

cthulu2016

(10,960 posts)
153. Incoherent.
Sun Jul 29, 2012, 02:30 PM
Jul 2012

You seem to think that the ACLU does not protect abortion clinics from viewpoint discrimination. That is wrong, of course.

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