6 ms·

That's interesting. Do you feel the same way about a company refusing to serve Jews or Blacks? Is it their right?

jude- 6y ago
Under the current anti-discrimination laws, political affiliation is not a protected class. Religion, race, sexuality, etc., however, are.
- SpaceRaccoon 6y ago
  So as we soon as we pass law making it a protected class, that argument will be null and void, correct? Great, I cannot wait!
  - jude- 6y ago
    I wouldn't hold your breath.
    - SpaceRaccoon 6y ago
      That's alright, I'm sure you would have said the same to civil rights advocates in the '60s, too.
      - jude- 6y ago
        Except, the civil rights advocates in the 1960's would have agreed with me. Denying business to racist institutions, starting with the Montgomery bus system, is how they got started.
  - dragonwriter 6y ago
    > So as we soon as we pass law making it a protected class, that argument will be null and void, correct? For business discrimination in general, maybe. For specifically constraining the expressive freedom of media (including social media) businesses, quite plausibly not, because a statute designating a protected class can't negate other people’s First Amendment rights, since the Constitution is superior to statute law.
- lenkite 6y ago
  Interesting, I didn't know that. So a business can actually deny a service depending on political affiliation. Of-course this can be challenged in the courts. Well, unless, it's protected by 230.
  - mbreese 6y ago
    Anything can be challenged in the courts. And I believe there are some (limited, mainly religious based) exceptions that are pretty recent. But there is nothing that protects the political beliefs of a person as this isn’t a protected class. Protected classes protect things people are, not what they think. Trying to conflate 230 here is disingenuous and has no role in a strictly business decision about whether of not a business has to accept a customer.
  - tjalfi 6y ago
    The answer depends on what state and city the business is located in. Political affiliation is a protected class in some states[0]. California[1], for example, also prohibits discrimination on gender identity, ancestry, sexual orientation, AIDS/HIV status, medical condition, political activities or affiliation, veteran status, or status as a stalking victim. [0] https://www.ncsl.org/research/labor-and-employment/discrimination-employment.aspx https://www.ncsl.org/research/labor-and-employment/discrimin... [1] https://www.nolo.com/legal-encyclopedia/california-employment-discrimination-31690.html https://www.nolo.com/legal-encyclopedia/california-employmen...
    - jude- 6y ago
      Neither of those linked sets if laws apply to customers. Only to employees.
- MrRiddle 6y ago
  Meaning I can post a sign "No Trump Voters Allowed" on my restaurant?
  - jude- 6y ago
    Sure thing. Right next to the commonplace "no shirt, no shoes, no service" and "we reserve the right to refuse service to anyone" signs.
  - tjalfi 6y ago
    Political affiliation is a protected class in California[0] but this may be legal in some states. [0] https://www.nolo.com/legal-encyclopedia/california-employment-discrimination-31690.html https://www.nolo.com/legal-encyclopedia/california-employmen...
    - jude- 6y ago
      That's only for employers discriminating against employees. It doesn't apply to customers -- a business can almost always refuse to do business with you, for almost any reason. Example: you can get thrown out of a restaurant for not adhering to a dress code.
      - tjalfi 6y ago
        Good catch! I'm not sure what I was thinking. I did some further searches; Madison, Wisconsin[0] and DC[1] forbid discrimination on political affiliation in public accommodations. [0] https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIVCH32--45_CH39DECIRI_39.03EQOPOR https://library.municode.com/wi/madison/codes/code_of_ordina... [1] https://ohr.dc.gov/protectedtraits https://ohr.dc.gov/protectedtraits

Under the current anti-discrimination laws, political affiliation is not a protected class. Religion, race, sexuality, etc., however, are.

SpaceRaccoon 6y ago
So as we soon as we pass law making it a protected class, that argument will be null and void, correct? Great, I cannot wait!
- jude- 6y ago
  I wouldn't hold your breath.
  - SpaceRaccoon 6y ago
    That's alright, I'm sure you would have said the same to civil rights advocates in the '60s, too.
    - jude- 6y ago
      Except, the civil rights advocates in the 1960's would have agreed with me. Denying business to racist institutions, starting with the Montgomery bus system, is how they got started.
- dragonwriter 6y ago
  > So as we soon as we pass law making it a protected class, that argument will be null and void, correct? For business discrimination in general, maybe. For specifically constraining the expressive freedom of media (including social media) businesses, quite plausibly not, because a statute designating a protected class can't negate other people’s First Amendment rights, since the Constitution is superior to statute law.
lenkite 6y ago
Interesting, I didn't know that. So a business can actually deny a service depending on political affiliation. Of-course this can be challenged in the courts. Well, unless, it's protected by 230.
- mbreese 6y ago
  Anything can be challenged in the courts. And I believe there are some (limited, mainly religious based) exceptions that are pretty recent. But there is nothing that protects the political beliefs of a person as this isn’t a protected class. Protected classes protect things people are, not what they think. Trying to conflate 230 here is disingenuous and has no role in a strictly business decision about whether of not a business has to accept a customer.
- tjalfi 6y ago
  The answer depends on what state and city the business is located in. Political affiliation is a protected class in some states[0]. California[1], for example, also prohibits discrimination on gender identity, ancestry, sexual orientation, AIDS/HIV status, medical condition, political activities or affiliation, veteran status, or status as a stalking victim. [0] https://www.ncsl.org/research/labor-and-employment/discrimination-employment.aspx https://www.ncsl.org/research/labor-and-employment/discrimin... [1] https://www.nolo.com/legal-encyclopedia/california-employment-discrimination-31690.html https://www.nolo.com/legal-encyclopedia/california-employmen...
  - jude- 6y ago
    Neither of those linked sets if laws apply to customers. Only to employees.
MrRiddle 6y ago
Meaning I can post a sign "No Trump Voters Allowed" on my restaurant?
- jude- 6y ago
  Sure thing. Right next to the commonplace "no shirt, no shoes, no service" and "we reserve the right to refuse service to anyone" signs.
- tjalfi 6y ago
  Political affiliation is a protected class in California[0] but this may be legal in some states. [0] https://www.nolo.com/legal-encyclopedia/california-employment-discrimination-31690.html https://www.nolo.com/legal-encyclopedia/california-employmen...
  - jude- 6y ago
    That's only for employers discriminating against employees. It doesn't apply to customers -- a business can almost always refuse to do business with you, for almost any reason. Example: you can get thrown out of a restaurant for not adhering to a dress code.
    - tjalfi 6y ago
      Good catch! I'm not sure what I was thinking. I did some further searches; Madison, Wisconsin[0] and DC[1] forbid discrimination on political affiliation in public accommodations. [0] https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIVCH32--45_CH39DECIRI_39.03EQOPOR https://library.municode.com/wi/madison/codes/code_of_ordina... [1] https://ohr.dc.gov/protectedtraits https://ohr.dc.gov/protectedtraits