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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"? | |||||||||||||||||||||||||||||||||||||||
ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined: |
NoNukes writes:
If you tell him you don't know how to do it properly and he elects to proceed at his own risk there is no discrimination. If you refuse to serve him because you don't feel confident of the outcome, you would be considered guilty of discrimination.
A black man with fairly close cropped hair badly in need a trim comes into my barber shop and asks for a haircut. I tell him I don't know how to cut his hair. He asks for a beard trim and I tell him the same thing. Discrimination or not? NoNukes writes:
You can't refuse service based on what somebody might do. If he does hit on your wife in your presence you can accidentally on purpose clip his ear off. Or my wife tells me that the last time you came into my shop you hit on her. You come into my shop two weeks later asking for a haircut, and despite the fact that my wife is not there this time, I still throw your lame butt out of the shop. Discrimination or not. Thus sayeth Judge Ringo.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined: |
NoNukes writes:
Maybe I should have said you "could" be considered guilty of discrimination. The thing is, people can never tell how sincere you are. In North America at the present time the complainant would likely be given the benefit of the doubt, not you, so you "would" be considered guilty.
As I see it, the problem is that we cannot tell if I'm being sincere about my lack of ability when I refuse to a black persons hair. NoNukes writes:
By that logic you could refuse service to ex-convicts - or anybody who has ever done anything questionable. Nobody would have a right to service.
I would be refusing service based on what he has already done.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined: |
Faith writes:
You can conscientiously object to an action which is imposed on you, such as military service. (Several of my uncles were conscientious objectors during World War Two because they were Mennonites. They were still obligated to do their part but they worked in lumber camps instead of in a combatant role.) ... except in the case of a conscientious objection.... You can not conscientiously object to providing a service which you voluntarily provide. Objecting to a certain segment of society, as "contientious" as you might think it is, is discrimination.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined:
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Faith writes:
The business voluntarily provides wedding cakes, period. Its license doesn't include a list of people it can discriminate against.
The business does not "voluntarily provide" wedding cakes for gay weddings.... Faith writes:
No. Our society is telling you that if you want to sell wedding cakes you have to sell them to everybody equally - including blacks, Mormons, Catholics, etc. If you don't want to live by society's rules you are free to tell your customers, "I'm sorry, we don't make wedding cakes."
But since you all insist on the rules of the hostile pagan society trumping anything Christians try to do.... Faith writes:
No. We're defending a form of government which prevents your minority from tyranizing other minorities.
... you are defending a tyrannical fascist form of government that deprives Christians of our rights while selectively defending the rights of a tiny minority against us.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined: |
Faith writes:
We're "tyranizing" Christians in the same way that we're tyranizing the Ku Klux Klan by refusing to allow the lynching of black people. But you are deluding yourselves because all you will accomplish is tyrannizing Christians. If you can not in good conscience stop at red lights, society does not allow you to drive a car. If you can not in good conscience serve black people in your restaurant, society does not licence your restaurant. It is, in a sense, a tyrany of the majority but it's in favour of equal treatment for all minorities.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined:
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Faith writes:
Get a grip on reality. I'm talking about, at worst, revoking the license of a business owner who persistently discriminates against minorities.
That's fine, you're just going to need a lot more prison space than is currently available.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined: |
NoNukes writes:
You said in Message 21, "I would be refusing service based on what he has already done." Neither the time frame nor the nature of the victim's previous action are pertinent. If we allow you to refuse service on the basis of previous action A, then we can not prevent you from refusing service on the basis of previous action B.
In the case I described I have not forgiven a man for a personal affront that was committed only two weeks ago.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined:
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Faith writes:
I'm not advocating any law at all. I'm advocating licensing standards. What you are doing is advocating a law that discriminates against Bible believers, but that doesn't bother you. Buddhists are not licensed to have cockroaches running free in their restaurants and Christians are not licensed to persecute people. That's equality.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined: |
AZPaul3 writes:
The customer hit on the barber's wife. Maybe she had cause to take offense, maybe not.The barber did take offense but I don't know if any court would recognize that. Ownership of wives has slipped out of fashion. Since the wife isn't even present at the hypothetical present time, I'd say the barber has even less legal standing to take offense again.
No, because the con did not give deliberate offence to you personally inside your business. In NoNukes case the sob did just that. AZPaul3 writes:
I'm not talking about keeping a child molester away from children. I'm talking about refusing a haircut to a reformed safecracker. The opposite is the very reason your ex-con friend is required to stay more than 500 feet away from any schoolyard. Edited by ringo, : pelling.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined: |
AZPaul3 writes:
The issue isn't whether or not the barber can take offense; it's whether or not he can legitimately refuse service based on that offense. Can he refuse sevice to a racist? Can he refuse service to somebody who tells bad jokes? If "I take offense" is an excuse, there's really nobody you can't refuse service to.
I think, based on this special relationship (the same, btw between parent/child), the courts would recognize that such an offense against the one is an offense against the other.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined: |
NoNukes writes:
Who's behaving badly? You're talking about throwing somebody out for having behaved badly in the past - and there was nothing about his "bad behaviour" that was legally actionable either.
What law prevents me from kicking people out of my shop after they behave badly? NoNukes writes:
The way I see it, it suggests that you don't think much of your wife. Who defends her when you're not around?
So if I kick someone out of the shop for hitting on my wife, that suggests ownership? I don't see it that way. NoNukes writes:
You could charge him with theft but you couldn't legitimately refuse service to a thief.
... let's suggest instead that Jody took my favorite copy of Wrestling World Magazine the last time he was here. NoNukes 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. Or pretend he used the "J" word at a Japanese customer. Edited by ringo, : Acidentally omitted myself.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined: |
Faith writes:
What if the wedding dress was a cotton-polyester blend? What if they were serving shrimp cocktail at the reception? Would you be able to "validate" that wedding?
However the Bible does require that I refuse to do anything to acknowledge or validate a gay wedding....
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined:
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Catholic Scientist writes:
The thread is abould what should be, not what you can get away with.
You can easily get away with it.... Catholic Scientist writes:
You're talking about the letter of the law. Homosexuals are only just becoming a protected class. Black people have only been a protected class for a generation or so. Women have only ben a protected class for a few generations. The problem arises when you refuse to perform your service based on discrimination against a protected class of people. "Human rights" suggests to me that humans should be a protected class.
Catholic Scientist writes:
Can you refuse them medical treatment? Can you refuse to sell them food? Can you refuse to educate their children? "Racists" is not a protected class of people. You can refuse service to them. I hope not.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined:
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Catholic Scientist writes:
You can't just decide to not show up for work. That's grounds for dismissal. Firing an employee who doesn't meet the standard is equivalent to revoking the license of a business that doesn't meet the standard.
You should be able to not work when you don't want to. Catholic Scientist writes:
We're not forcing him to be a barber at all but if he wants to be a licensed barber he has to meet the licensing standards.
The barber is a human too. If he doesn't fell like cutting hair at the moment, then we shouldn't force him to.
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ringo Member (Idle past 434 days) Posts: 20940 From: frozen wasteland Joined: |
Catholic Scientist writes:
Health codes. Human rights codes.
What standards?
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