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Member Posts: 3945 From: Duluth, Minnesota, U.S. (West end of Lake Superior) Joined: Member Rating: 10.0 |
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Author | Topic: Where should there be "The right to refuse service"? | |||||||||||||||||||||||||||||||||||||||
New Cat's Eye Inactive Member |
NoNukes writes:
What stores can get away with does not imply legitimacy. They used to get away with segregating black people until the illegitimacy became official. Except that stores do bar known shoplifters from their stores. So yes it can legitimately be used for exactly that. ... As long as your business is licensed by the community it is the community, not you, that determines whom you can bar and on what grounds. Why doesn't the community allowing you to get away with it determine its legitimacy? If the community does allow stores to bar shoplifters, then how is it illegitimate?
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NoNukes Inactive Member |
If your business was your own private fiefdom you'd have the ability, if not the "right", to ravage the young maidens or whatever you chose. But it isn't. As long as your business is licensed by the community it is the community, not you, that determines whom you can bar and on what grounds. I'm following the rules of my community. The rules I described are the one's the community uses. What you are saying should be the rules are not used by the community. So it is not that I am treating my business as a fiefdom. I am instead not allowing ringo's silly ideas to run my business. I think we've confirmed our point of disagreement at this point.Je Suis Charlie Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
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NoNukes Inactive Member |
Did the Boy Scouts do anything illegal? That's the question dwise is asking you.
I don't think the public should be able to hold a private business responsible for following its own rules, no. The question is instead whether a member can use the court system to hold a private business to follow its own rules. You can certainly use the court system to force at least some rules, like how much a private business you did work for ought to pay you. Dwise1 mentioned members of the organization who were kicked out without regard for the business's rules. If kicking you out just makes you a member of the public with no say at all, couldn't a private company just fire an employee and then change the rules so that he is not owed any pay? Do you want to rethink your answer? Edited by NoNukes, : No reason given.Je Suis Charlie Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
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NoNukes Inactive Member
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If a public business wants to discriminate against a protected class, then they can say that they just don't want to do it, and then keep the reason why to themselves. Like, keep it private. Why do you keep saying this? You cannot keep this up on a routine basis. If you continually turn some protected group's business down you are going to get nailed for it. What you are describing won't work as a policy. It may work to get one gay or Hispanic couple out of your shop on a Thursday, and it might not.
The answer is that the muslims always just said that they just didn't want to do it and that was it. The christians came right out and said that they didn't want to do it because the customer was gay. There is no reason to conclude that the Muslim's approach makes any legal difference. It's pretty obvious what the reason for refusal is and that the reason is no different from those given by Christians. One possible difference is that the Muslim approach is not as in your face as telling people that you hate gay people. The simple change in being polite versus confrontational might be enough to avoid a law suit unless you are the only bakery in town. Edited by NoNukes, : No reason given.Je Suis Charlie Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
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New Cat's Eye Inactive Member |
couldn't a private company just fire an employee and then change the rules so that he is not owed any pay? I don't think so because they'd be breaking laws that fall outside of their own rules.
Do you want to rethink your answer? Not really.
If a public business wants to discriminate against a protected class, then they can say that they just don't want to do it, and then keep the reason why to themselves. Like, keep it private.
Why do you keep saying this? Me saying that you can get away with it is not me saying that it is legal.
You cannot keep this up on a routine basis. If you continually turn some protected group's business down you are going to get nailed for it. What you are describing won't work as a policy. It may work to get one gay or Hispanic couple out of your shop on a Thursday, and it might not. I think you could get away with it because it would be too hard to prove that you were discrimiating against a protected class. You may have to go to court but I doubt you'd get convincted.
There is no reason to conclude that the Muslim's approach makes any legal difference. Its the lack of good evidence that they were actually discriminating that makes the legal difference.
It's pretty obvious what the reason for refusal is and that the reason is no different from those given by Christians. I think its different. They didn't have a problem making a cake for a gay wedding, they just didn't want to put particular things on the cake. They weren't "standing up against redefining a sin", they just didn't want to write or draw stuff that said it was gay. I wouldn't hold it against them for refusing to write "Jesus is the Son of God" on a cake either. The Christians, on the other hand, came right out and said that they couldn't make a particular cake because it was for a gay wedding. They admitted discrimination so that does make the case a bit different.
One possible difference is that the Muslim approach is not as in your face as telling people that you hate gay people. The simple change in being polite versus confrontational might be enough to avoid a law suit unless you are the only bakery in town. Sure. And its more polite to just keep it to yourself. Keep it private.
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NoNukes Inactive Member |
I think its different. They didn't have a problem making a cake for a gay wedding, they just didn't want to put particular things on the cake. That is quite a substantial difference, and might well be a difference that matters. Lots of people would not view the refusal as discrimination at all, although I'm sure some people would. On the other hand, if you turn down even baking a cake for every gay person that enters your shop, your specific reasons for so doing is going to be irrelevant. You are practicing discrimination. We don't need use telepaths to probe your mindset to infer your intent. Edited by NoNukes, : No reason given.Je Suis Charlie Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
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NoNukes Inactive Member |
Hello ringo:
ringo writes: Again, nobody here has argued, as far as I recall, against refusing service to somebody who behaves badly toward your staff or toward other customers. I'd like you to meet ringo.
NoNukes writes:
... used the "J" word at a Japanese customer. The customer could make a complaint to whomever handles such complaints in your jurisdiction. You could act as a witness in his behalf but you couldn't refuse service to a racist.
So yes you did take exactly that position. Edited by NoNukes, : No reason given.Je Suis Charlie Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
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ringo Member (Idle past 441 days) Posts: 20940 From: frozen wasteland Joined: |
Cat's Eye writes:
What the community enforces tends to lag behind the community standard. Legitimacy is based on what the community thinks, not what it enforces.
Why doesn't the community allowing you to get away with it determine its legitimacy?
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ringo Member (Idle past 441 days) Posts: 20940 From: frozen wasteland Joined: |
NoNukes writes:
You're getting away with it. That's not the same as actually conforming to the community standard. There was a transition period during which community standards prohibited segregation but bigots still got away with segregation, claiming they were "within the rules". Eventually, the community finds a way to enforce its rules.
I'm following the rules of my community. The rules I described are the one's the community uses.
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ringo Member (Idle past 441 days) Posts: 20940 From: frozen wasteland Joined: |
ringo writes: Again, nobody here has argued, as far as I recall, against refusing service to somebody who behaves badly toward your staff or toward other customers. ringo writes: The customer could make a complaint to whomever handles such complaints in your jurisdiction. You could act as a witness in his behalf but you couldn't refuse service to a racist. NoNukes writes:
Huh?
So yes you did take exactly that position.
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New Cat's Eye Inactive Member |
Geez, its like you keep your goalposts on roller boards.
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NoNukes Inactive Member |
Eventually, the community finds a way to enforce its rule You have yet to show that the rules you espouse are the community rules. Right now they are just ringo's rules.Je Suis Charlie Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
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ringo Member (Idle past 441 days) Posts: 20940 From: frozen wasteland Joined: |
Cat's Eye writes:
Feel free to back up your empty accusations.
Geez, its like you keep your goalposts on roller boards.
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ringo Member (Idle past 441 days) Posts: 20940 From: frozen wasteland Joined: |
NoNukes writes:
I have not espoused any rules. I have pointed out how the community operates, with reference to the specific case of segregation. If you want to claim that the community will change its modus operandi in the future, fire at will.
You have yet to show that the rules you espouse are the community rules.
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NoNukes Inactive Member |
I have not espoused any rules. I have pointed out how the community operates, with reference to the specific case of segregation. You have espoused rules on situations that have absolutely nothing to do with discrimination. And in that regard you claim to be pointing out what the community is thinking rather than how they are operating. Those rules have no basis in reality. They are what ringo thinks the rules should be.Je Suis Charlie Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
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