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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: 03-23-2005


Message 20 of 928 (728683)
06-01-2014 3:04 PM
Reply to: Message 14 by NoNukes
06-01-2014 12:14 PM


Re: When it endangers others.
NoNukes writes:
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?
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.
NoNukes writes:
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.
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.
Thus sayeth Judge Ringo.

This message is a reply to:
 Message 14 by NoNukes, posted 06-01-2014 12:14 PM NoNukes has replied

Replies to this message:
 Message 21 by NoNukes, posted 06-01-2014 5:55 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 30 of 928 (728715)
06-02-2014 11:42 AM
Reply to: Message 21 by NoNukes
06-01-2014 5:55 PM


Re: When it endangers others.
NoNukes writes:
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.
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.
NoNukes writes:
I would be refusing service based on what he has already done.
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.

This message is a reply to:
 Message 21 by NoNukes, posted 06-01-2014 5:55 PM NoNukes has replied

Replies to this message:
 Message 39 by NoNukes, posted 06-02-2014 1:39 PM ringo has replied
 Message 46 by AZPaul3, posted 06-02-2014 3:36 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 31 of 928 (728717)
06-02-2014 11:51 AM
Reply to: Message 23 by Faith
06-01-2014 8:40 PM


Re: gay marriage objection
Faith writes:
... except in the case of a conscientious objection....
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.)
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.

This message is a reply to:
 Message 23 by Faith, posted 06-01-2014 8:40 PM Faith has replied

Replies to this message:
 Message 32 by Faith, posted 06-02-2014 12:00 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


(2)
Message 33 of 928 (728721)
06-02-2014 12:13 PM
Reply to: Message 32 by Faith
06-02-2014 12:00 PM


Re: gay marriage objection
Faith writes:
The business does not "voluntarily provide" wedding cakes for gay weddings....
The business voluntarily provides wedding cakes, period. Its license doesn't include a list of people it can discriminate against.
Faith writes:
But since you all insist on the rules of the hostile pagan society trumping anything Christians try to do....
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."
Faith writes:
... 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.
No. We're defending a form of government which prevents your minority from tyranizing other minorities.

This message is a reply to:
 Message 32 by Faith, posted 06-02-2014 12:00 PM Faith has replied

Replies to this message:
 Message 34 by Faith, posted 06-02-2014 12:17 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 35 of 928 (728725)
06-02-2014 12:37 PM
Reply to: Message 34 by Faith
06-02-2014 12:17 PM


Re: gay marriage objection
Faith writes:
But you are deluding yourselves because all you will accomplish is tyrannizing Christians.
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.
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.

This message is a reply to:
 Message 34 by Faith, posted 06-02-2014 12:17 PM Faith has replied

Replies to this message:
 Message 36 by Faith, posted 06-02-2014 12:39 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


(1)
Message 37 of 928 (728728)
06-02-2014 12:49 PM
Reply to: Message 36 by Faith
06-02-2014 12:39 PM


Re: gay marriage objection
Faith writes:
That's fine, you're just going to need a lot more prison space than is currently available.
Get a grip on reality. I'm talking about, at worst, revoking the license of a business owner who persistently discriminates against minorities.

This message is a reply to:
 Message 36 by Faith, posted 06-02-2014 12:39 PM Faith has replied

Replies to this message:
 Message 44 by Faith, posted 06-02-2014 3:14 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 80 of 928 (728821)
06-03-2014 11:44 AM
Reply to: Message 39 by NoNukes
06-02-2014 1:39 PM


Re: When it endangers others.
NoNukes writes:
In the case I described I have not forgiven a man for a personal affront that was committed only two weeks ago.
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.

This message is a reply to:
 Message 39 by NoNukes, posted 06-02-2014 1:39 PM NoNukes has replied

Replies to this message:
 Message 89 by NoNukes, posted 06-03-2014 8:31 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


(1)
Message 81 of 928 (728822)
06-03-2014 11:49 AM
Reply to: Message 44 by Faith
06-02-2014 3:14 PM


Re: gay marriage objection
Faith writes:
What you are doing is advocating a law that discriminates against Bible believers, but that doesn't bother you.
I'm not advocating any law at all. I'm advocating licensing standards.
Buddhists are not licensed to have cockroaches running free in their restaurants and Christians are not licensed to persecute people. That's equality.

This message is a reply to:
 Message 44 by Faith, posted 06-02-2014 3:14 PM Faith has not replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 82 of 928 (728823)
06-03-2014 12:00 PM
Reply to: Message 46 by AZPaul3
06-02-2014 3:36 PM


Re: An Established History
AZPaul3 writes:
No, because the con did not give deliberate offence to you personally inside your business. In NoNukes case the sob did just that.
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.
AZPaul3 writes:
The opposite is the very reason your ex-con friend is required to stay more than 500 feet away from any schoolyard.
I'm not talking about keeping a child molester away from children. I'm talking about refusing a haircut to a reformed safecracker.
Edited by ringo, : pelling.

This message is a reply to:
 Message 46 by AZPaul3, posted 06-02-2014 3:36 PM AZPaul3 has replied

Replies to this message:
 Message 84 by AZPaul3, posted 06-03-2014 1:50 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 101 of 928 (728914)
06-04-2014 11:50 AM
Reply to: Message 84 by AZPaul3
06-03-2014 1:50 PM


Re: An Established History
AZPaul3 writes:
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.
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.

This message is a reply to:
 Message 84 by AZPaul3, posted 06-03-2014 1:50 PM AZPaul3 has replied

Replies to this message:
 Message 105 by New Cat's Eye, posted 06-04-2014 12:21 PM ringo has replied
 Message 141 by AZPaul3, posted 06-04-2014 9:59 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 102 of 928 (728915)
06-04-2014 12:02 PM
Reply to: Message 89 by NoNukes
06-03-2014 8:31 PM


Re: When it endangers others.
NoNukes writes:
What law prevents me from kicking people out of my shop after they behave badly?
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.
NoNukes writes:
So if I kick someone out of the shop for hitting on my wife, that suggests ownership? I don't see it that way.
The way I see it, it suggests that you don't think much of your wife. Who defends her when you're not around?
NoNukes writes:
... let's suggest instead that Jody took my favorite copy of Wrestling World Magazine the last time he was here.
You could charge him with theft but you couldn't legitimately refuse service to a thief.
NoNukes writes:
Or pretend he 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.
Edited by ringo, : Acidentally omitted myself.

This message is a reply to:
 Message 89 by NoNukes, posted 06-03-2014 8:31 PM NoNukes has not replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 103 of 928 (728916)
06-04-2014 12:14 PM
Reply to: Message 99 by Faith
06-04-2014 2:09 AM


Re: Denial of service and not the person?
Faith writes:
However the Bible does require that I refuse to do anything to acknowledge or validate a gay wedding....
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?

This message is a reply to:
 Message 99 by Faith, posted 06-04-2014 2:09 AM Faith has not replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


(1)
Message 106 of 928 (728921)
06-04-2014 12:36 PM
Reply to: Message 105 by New Cat's Eye
06-04-2014 12:21 PM


Re: An Established History
Catholic Scientist writes:
You can easily get away with it....
The thread is abould what should be, not what you can get away with.
Catholic Scientist writes:
The problem arises when you refuse to perform your service based on discrimination against a protected class of people.
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.
"Human rights" suggests to me that humans should be a protected class.
Catholic Scientist writes:
"Racists" is not a protected class of people. You can refuse service to them.
Can you refuse them medical treatment? Can you refuse to sell them food? Can you refuse to educate their children?
I hope not.

This message is a reply to:
 Message 105 by New Cat's Eye, posted 06-04-2014 12:21 PM New Cat's Eye has replied

Replies to this message:
 Message 107 by New Cat's Eye, posted 06-04-2014 1:04 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


(1)
Message 108 of 928 (728924)
06-04-2014 1:18 PM
Reply to: Message 107 by New Cat's Eye
06-04-2014 1:04 PM


Re: An Established History
Catholic Scientist writes:
You should be able to not work when you don't want to.
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.
Catholic Scientist writes:
The barber is a human too. If he doesn't fell like cutting hair at the moment, then we shouldn't force him to.
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.

This message is a reply to:
 Message 107 by New Cat's Eye, posted 06-04-2014 1:04 PM New Cat's Eye has replied

Replies to this message:
 Message 109 by New Cat's Eye, posted 06-04-2014 1:27 PM ringo has replied

  
ringo
Member (Idle past 434 days)
Posts: 20940
From: frozen wasteland
Joined: 03-23-2005


Message 110 of 928 (728928)
06-04-2014 1:59 PM
Reply to: Message 109 by New Cat's Eye
06-04-2014 1:27 PM


Re: An Established History
Catholic Scientist writes:
What standards?
Health codes. Human rights codes.

This message is a reply to:
 Message 109 by New Cat's Eye, posted 06-04-2014 1:27 PM New Cat's Eye has replied

Replies to this message:
 Message 111 by New Cat's Eye, posted 06-04-2014 2:08 PM ringo has replied

  
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