Restaurant Owner Wants The Right To Refuse Service

[Spiderman]

Which businesses are you talking about, specifically. Or is this something you read on Stormfront?

I don't know what storm front is and if you mention it in a post you can be sure I won't waste my time finding out.

It's a website where you'd be right at home.

But duly noted that you couldn't name this mythical business that is only hiring blacks.

You're a moron if you think they don't exist but then again you're a moron period.

 

[Tank]

Women can play in the NBA, but men can't play in the WNBA

 

[Asclepias]

But now it's not AND there is a Miss Black America Pageant is there not?

If there cannot be a white only pageant there cannot be a black only pageant.

or do you disagree?

In 1968 Miss Black America pageant was started to allow black women to participate in a beauty contest, because the Miss America did not permit black applicants. The Miss America pageant didn't have to call itself Miss White America, because it was a known fact that only white women could apply. Miss Black America probably hung around after black women were allowed to be part of Miss America because it was a long time before a black woman ever won the title. The chances of a black woman winning Miss America are probably very small, why they still have Miss Black America.

That was then this is now.

I really don't care what happened then. The laws were changed that is the now.

So tell me why is it allowable for some groups to discriminate and break the law while others are not?

You must be slow. No one is discriminating. its the name of the pageant dumbass. BET does not restrict its viewership to Black people. Any white person can watch the channel. Same with the pageant. Any white person can compete.

 

[Tank]

Whites aren't allowed in the Miss black America pageant, the same way men aren't allowed in the WNBA.

It wouldn't be fair

 

[SwimExpert]

I'm not as familar with business laws as I am criminal, but I'd think you can do this by making your business a private club. Like making wait-staff look a certain way by redefining their job titles to models and the like. So instead of having a restaurant, have a private club where admittance is ultimately up to you. Might be wrong, not my area of interest stupid people.

Not quite. The private club would still be subject to anti-discrimination laws. Country clubs are private clubs. However, it would be illegal to reject a member based on race, gender, etc.

The example about hooters girls being "models" instead of servers does bring up a good point. Redefining a job description for the purpose of permitting or preserving a discriminatory practice is a tenuous solution. While Hooters has gotten away with it, I don't think they've really had to defend the practice in court. In the past, Hooters has been found liable for discrimination based on the fact that anti-discrimination laws prevent an employer from attaching non material attributes to a job's requirements and/or description. This is consistent with cases from the 1970s where airlines attempted to limit their staff of flight attendants to attractive, thin, females based on the argument that service by attractive females was part of the company's branding. The courts rejected the airlines claims, and they rejected Hooters claims. Hooters' subsequent adaptation to redefine their servers as models probably does not satisfy legal requirements any better than their old policies. Because the fundamental work these individuals are doing is that of serving food and drink. In a nutshell, the de facto work to be done by an employee is the controlling factor to determine how anti-discrimination laws apply. Not the branding an employer uses to define a job.

I would suspect that essentially the same criteria would apply to private clubs. You can have a private club that limits its membership to Christian clergy if doing so is materially related to the de facto business of the club. However, the YMCA cannot limit its membership to either Christians or men, because the de facto business of the organization is essentially that of a health spa.

 

[Delta4Embassy]

"The Federal Civil Rights Act guarantees all people the right to "full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, or national origin."

The right of public accommodation is also guaranteed to disabled citizens under the Americans with Disabilities Act, which precludes discrimination by businesses on the basis of disability."
The Right to Refuse Service: Can a Business Refuse Service to Someone Because of Appearance, Odor, or Attire? | LegalZoom

My thinking is if a business defines itself as 'private' then it might not fall under 'public accomodation' definitions. They could refuse you membership to 'members only' things, but not keep you out of a public restaurant on the premises like.

 

[BillyZane]

Are you like, retarded, Comic Book Guy?

Becuase, honestly, I think that you just come on here to be a troll.

So it's not OK for some businesses to hire only blacks or only women?

Which businesses are you talking about, specifically. Or is this something you read on Stormfront?

what about black colleges which cater to black students exclusively?

 

[SwimExpert]

The better question to ask is WHY would blacks, hispanics, gays and the disabled want to patronize his business?

I think the best solution would be for the man to put a big sign in his window that reads like this:

I don't want to serve blacks, gays, the disabled, Jews, Hispanics, liberals, Japs, badgers, midgets, or freckle faces.

However, I cannot legally discriminate, so if you still want to come in I cannot stop you.

 

[Delta4Embassy]

The reason I think it might be legal is in how clubs like Studio 54 way back excluding many standing in line based on appearence. I'd assume laws have changed quite a bit in the meantime, but at the same time assume private clubs for the rich elite types discriminate to this day.

 

[Asclepias]

So it's not OK for some businesses to hire only blacks or only women?

Which businesses are you talking about, specifically. Or is this something you read on Stormfront?

what about black colleges which cater to black students exclusively?

Which one would that be?

http://www.huffingtonpost.com/marybeth-gasman/being-white-at-a-black-college_b_1713729.html

 

[Desperado]

So why can they refuse the shirtless and the shoeless?

"No Shirt, No Shoes, No Service"

Barefoot and Grounded: The Origin of "No Shirt, No Shoes, No Service" Policies

 

[Asclepias]

So why can they refuse the shirtless and the shoeless?

"No Shirt, No Shoes, No Service"

Barefoot and Grounded: The Origin of "No Shirt, No Shoes, No Service" Policies

Because it applies to anyone fitting those conditions not a ethnicity?

 

[BillyZane]

Which businesses are you talking about, specifically. Or is this something you read on Stormfront?

what about black colleges which cater to black students exclusively?

Which one would that be?

Marybeth Gasman: Being White at a Black College: An Interview

I don't play word games

Historically Black Colleges and Universities Ranking | Rankings | US News

The mere fact that there is no such thing as a historically white college tells honest people something.

Ever heard of a White Coaches Association? Me either.How about a National Association for the Advancement of White People? How many Congressmen are in the White Caucus?

Less than 1% of the Students at Howard University are white

Historically black colleges are seeing an increase in white students - The Root DC Live - The Washington Post

Making them the token honkies

 

[Delta4Embassy]

Here's an incident where the 'private club' thing got used:
?I Have the Right to Refuse Service?: Restaurant Owner Turns Away Group After He Learns What They Advocate | Video | TheBlaze.com

Doesn't say what the legal verdict if any was alas.

Ah here we go, this is dead-on:

"What are public accommodations?

A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities including, but not limited to: restaurants; public transportation; taxicabs; hotels/motels; theaters; doctors’ offices; gas stations; pharmacies; retail stores; museums; libraries; schools; day care centers; parks; arenas; any public facility owned, operated, or managed by or on behalf of the State; or any agency or municipality supported in whole or part by public funds. Private clubs and religious organizations are exempt from the requirements for public accommodations."
Frequently asked questions about the Americans with Disabilities Act (ADA)

So instead of opening a "restaurant," open a "private club" that serves food.

 

[Asclepias]

what about black colleges which cater to black students exclusively?

Which one would that be?

Marybeth Gasman: Being White at a Black College: An Interview

I don't play word games

Historically Black Colleges and Universities Ranking | Rankings | US News

The mere fact that there is no such thing as a historically white college tells honest people something.

Ever heard of a White Coaches Association? Me either.How about a National Association for the Advancement of White People? How many Congressmen are in the White Caucus?

Less than 1% of the Students at Howard University are white

Historically black colleges are seeing an increase in white students - The Root DC Live - The Washington Post

Making them the token honkies

You keep changing your point. Do you even know what it is? You cannot discriminate. Period. No matter who you are. You dont like it then thats too bad. The reason there are no historically white colleges is because at one point all colleges were white only. You cant be this ignorant and breath at the same time can you?

 

[Katzndogz]

But now it's not AND there is a Miss Black America Pageant is there not?

If there cannot be a white only pageant there cannot be a black only pageant.

or do you disagree?

In 1968 Miss Black America pageant was started to allow black women to participate in a beauty contest, because the Miss America did not permit black applicants. The Miss America pageant didn't have to call itself Miss White America, because it was a known fact that only white women could apply. Miss Black America probably hung around after black women were allowed to be part of Miss America because it was a long time before a black woman ever won the title. The chances of a black woman winning Miss America are probably very small, why they still have Miss Black America.

Since 1984, 7 black women have held the title. It isn't such an unusual thing any longer.

It isn't unusual, it is still racist because white women are able to enter the Miss America contest and may still compete.

 

[High_Gravity]

I don't support any business that would just cater to one race of people black or white, I thought we were past this kind of antique thinking.

 

[Delta4Embassy]

In 1968 Miss Black America pageant was started to allow black women to participate in a beauty contest, because the Miss America did not permit black applicants. The Miss America pageant didn't have to call itself Miss White America, because it was a known fact that only white women could apply. Miss Black America probably hung around after black women were allowed to be part of Miss America because it was a long time before a black woman ever won the title. The chances of a black woman winning Miss America are probably very small, why they still have Miss Black America.

Since 1984, 7 black women have held the title. It isn't such an unusual thing any longer.

It isn't unusual, it is still racist because white women are able to enter the Miss America contest and may still compete.

Exemptions exist like the Boy/Girl Scouts being private organizations and are thus able to exclude based on sex which would be sexual discrimination if otherwise tried as at a community rec center or the like.

Kinda academic the whole thing. If someone wants to exclude me that's cool. Don't want you touching my food anyway

 

[Asclepias]

If the guy wants all his customers to be white then he should name his restaurant "White People Only". Pretty sure that would cut down on traffic from other ethnicities.

 

[High_Gravity]

This is 2014 and people in this country are still talking about white only businesses smmfh.