What's With The Big-City Mayors Who Haven't Heard Of The First Amendment?
If you put out anti-gay messages, and you're a business owner, you and my dollars will not meet. That said, I support fully your First Amendment right to speak your mind, and to not have a shred of rights denied you because of it.
Unfortunately, I'm just the unelected Advice Goddess. Chicago and Boston's elected top dudes -- Rahm Emanuel (in support of Alderman Joe Moreno) and Boston Mayor Thomas Menino -- want to block Chick-a-Fil from their cities over the owner's anti-gay attitudes.
Menino in the Boston Globe, in a story by Greg Turner, went all elected thug:
"If they need licenses in the city, it will be very difficult -- unless they open up their policies," he warned.
First Amendment scholar and UCLA law professor Eugene Volokh wrote on Volokh.com:
Denying a private business permits because of such speech by its owner is a blatant First Amendment violation. Even when it comes to government contracting -- where the government is choosing how to spend government money -- the government generally may not discriminate based on the contractor's speech, see Board of County Commissioners v. Umbehr (1996). It is even clearer that the government may not make decisions about how people will be allowed to use their own property based on the speaker's past speech.And this is so even if there is no statutory right to a particular kind of building permit (and I don't know what the rule is under Illinois law). Even if the government may deny permits to people based on various reasons, it may not deny permits to people based on their exercise of his First Amendment rights. It doesn't matter if the applicant expresses speech that doesn't share the government officials' values, or even the values of the majority of local citizens. It doesn't matter if the applicant's speech is seen as "disrespect[ful]" of certain groups. The First Amendment generally protects people's rights to express such views without worrying that the government will deny them business permits as a result. That's basic First Amendment law -- but Alderman Moreno, Mayor Menino, and, apparently, Mayor Emanuel (if his statement is quoted in context), seem to either not know or not care about the law.
As I wrote previously about Menino:
It is his right to organize pickets outside that restaurant. It is not his right to keep that restaurant out of his city.
Here's a Menino quote from the Boston Herald on 7/20: “It doesn’t send the right message to the country,” Menino said. “We’re a leader when it comes to social justice and opportunities for all.”
He should ammend that to "opportunities for all as long as you think the "right" way".
He pulled the same stuff when Wal Mart wanted to move into the city. He won that battle so I hope he loses this one.
JFP at July 26, 2012 3:38 AM
the worst part is that this is all disinformation... what "POLICIES" does chik-fil-a have that are bad? THEY also cannot discriminate for the most part. This is a lot about the owner's speech, and as such they'll have a hard time...
OTOH. If they REALLY didn't want this happeneing, they would'na said anything. The permits and stuff just would have been hard and gone nowhere, and such... eventually CFA would have decided it was too expensive to deal with.
But that's NOT political pandering, is it? This has a lot less to do with CFA and much more to do with Politicians trying to look good for a political constituency.
CFA would notice not at all if 1-2% of the population didn't shop with them, versus people who just dun like their food.
If you hate what their founder stands for, DON'T EAT THERE. But I'm sure the tax base wouldn't mind having his money. The Alderman is just plain stupid. First Ward doesn't seem to be the toniest, but it is also not on the south side, so I dunno what his problem is, politically.
SwissArmyD at July 26, 2012 10:14 AM
Well said Amy and Swiss
Jen at July 26, 2012 10:25 AM
Amy Alkon
http://www.advicegoddess.com/archives/2012/07/26/whats_with_the.html#comment-3281805">comment from JenThanks.
Amy Alkon
at July 26, 2012 10:51 AM
Amy Alkon
http://www.advicegoddess.com/archives/2012/07/26/whats_with_the.html#comment-3281868">comment from Amy AlkonPerfect tweet from @Iowahawk:
https://twitter.com/iowahawkblog/status/228549110695854080
Amy Alkon
at July 26, 2012 10:57 AM
There's some very selective outrage here. Louis Farrakhan has never been shy about his anti-gay attitude, yet no mayor ever says boo when the Nation of Islam wants to open a restaurant:
http://legalinsurrection.com/2012/07/nation-of-islam-can-open-a-restaurant-in-chicago-but-not-chick-fil-a/
More proof that these guys are not acting out of principle.
Martin at July 26, 2012 11:06 AM
DO gays in the Middle East pay taxes?
Crid [CridComment at gmail] at July 26, 2012 11:07 AM
Had Chickfila for lunch again today. Yum yum yum!
momof4 at July 26, 2012 5:06 PM
If Chick-fil-A is to be banned in Boston for any reason, it should be because of its dumb name, not for the un-Christ-like views of its president.
From this article...
At a downtown Atlanta Chick-fil-A on Thursday, customers were divided over the company's stance.
"If you're a Christian, you believe in the Bible. The Bible says homosexuality is wrong. (Cathy's) absolutely right," Marci Troutman said over her breakfast.
Ms. Troutman, the Bible doesn't just say homosexuality is wrong. It says that a man who lies with another man should be put to death so, if you're a good Bible-believing Christian, you should be calling for men (gay or bi) who have sex with other men to be executed. If you're not doing that, then you're wimping out on what God has commanded.
Likewise for Mr. Cathy. He said "I think we are inviting God's judgment on our nation when we shake our fist at him and say, 'We know better than you as to what constitutes a marriage.'", but I think that Mr. Cathy is inviting God's judgment by merely focusing on same-sex marriage, and not calling for the execution of any man who has sex with another man. God wouldn't have called for men who have sex with another man to be put to death if he (I mean He) didn't mean it.
JD at July 26, 2012 7:05 PM
I love it when people tell other people what their religions are supposed to mean to them. The results are always productive, with both parties moving towards a clearer understanding with a deeper respect.
PS- M4, don't start becoming likable. I'm still pissed at you for that thing last year. Y'know, that whatever. You were wrong about something.
Seriously, is Chick-Fil-A any good? I've never had any. People don't talk about it like they talk about that burrito place cant remember there;s one in westwood ah Chipotle.
Crid [CridComment at gmail] at July 26, 2012 9:04 PM
Chick-fil-A will change everything you thought you knew about chicken. And the need for condiments. It's not lifechanging, but it's the best fast food chicken. The waffle fries are pretty darn good too.
momof4 at July 27, 2012 8:23 AM
There's something fundamental being missed here.
It's the idea that if you own a big company, the First Amendment does not apply to you.
Squawk, squawk, cry, the chicken vendor's straight.
Radwaste at August 2, 2012 11:17 AM
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