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This isn’t a new concept or area of the law: https://en.wikipedia.org/wiki/Public_accommodations_in_the_United_States https://en.wikipedia.org/wiki/Public_acco
by CPLX 4y ago
This isn’t a new concept or area of the law:
https://en.wikipedia.org/wiki/Public_accommodations_in_the_United_States https://en.wikipedia.org/wiki/Public_accommodations_in_the_U...
This isn’t a matter of private property rights. The owner of Madison Square Garden is free to sit inside it by himself and keep the world at bay.
But once he creates a business open to the public there are rules. There are rules about what hours he can be open and closed, rules about the number of fire exits, rules about the labels that have to be on any food that’s sold, rules about how loud sounds can be and how bright lights can be. If he sells someone real estate the contract must be in writing. If he sells someone a toaster there is a legally enforced warranty that it will be able to make toast.
This hypothetical idea that businesses have the right to sort of do whatever they want comes up a lot in arguments like this, but it has no real basis in law or tradition.
Businesses don’t now, and have never, had the right to do whatever they want. Their ability to even operate at all is a privilege that requires advance permission and registration.
The state regulates commerce that’s literally what it’s for. It enforces principals of fairness, honesty, enforcement of promises, and all sorts of other stuff.
If the state believes, correctly, that this kind of behavior is incompatible with the state granted privilege to operate as a business then it should prohibit it without hesitation.
- kmlx 4y agohttps://dukeundergraduatelawmagazine.org/2018/10/22/the-right-to-refuse-service-and-its-implications-on-society/ https://dukeundergraduatelawmagazine.org/2018/10/22/the-righ... > Summary: A business owner has the right to refuse service as long as he or she does not infringe upon federal or state discrimination laws.
- bombcar 4y agoAnd having another reason is the best defense against the discrimination suits.
- tsimionescu 4y agoI believe GP's point was that this is just the current law, not some profound legal principle like property rights. That is, the law already deeply limits property rights for businesses open to the public in various ways (e.g. by forcing them to abide by anti-discrimination laws, which private property owners have no obligation to). Making a new law that would limit public businesses' ability to ban people based on legal disputes would not constitute a difference in kind (only in degree) compared to current laws.