Not really sure why this is even an issue, but apparently a sign was hung by the owner of a Wisconsin area Dairy Queen warning incoming customers that the restaurant is “politically incorrect.”
The offending sign cleverly reads: “This restaurant is politically incorrect. We have been known to say ‘Merry Christmas,’ ‘Happy Easter,’ ‘God Bless America,’ ‘We salute and honor the flag,’ Give thanks to our troops, police officers and firefighters,’ ‘Give thanks for the USA’ and ‘Give free sundaes to Veterans on Veterans Day.'” It’s genius if you ask me!
The sign was originally posted on the storefront after a customer was triggered when he heard Christian music playing inside the restaurant, and when, in a separate incident, a different customer was upset at the offer of free ice cream for our veterans.
The owner, Kevin Scheunemann, has said he understands the sign might offend some people but that he is open to talking with anyone who may have concerns in order to make accommodations and arrange a designated “snowflake safe space,” if requested a minimum of 24 hours in advance, of course.
American Dairy Queen Corporation stated that it does not encourage their independently-owned and operated franchisees to post non-business related messages in their locations. And went on to make very clear that these views represented this independent owner only and do not speak for corporate or any of their other independent franchise owners. The followed this statement by adding that they expect their franchisees and employees to treat each person who walks through their doors with the utmost dignity and respect.
When is refusing service legal and when is it discrimination?
Many retail businesses in Arizona have a small paper sign hanging on the wall, usually near the cash register that says something like “We reserve the right to refuse service to anyone.”
The trouble is, that’s not necessarily true.
During the fury over SB 1062 two weeks ago, news accounts, press releases and especially social media were full of assertions that in America, a business owner doesn’t have to do business with anyone he or she doesn’t want to.
Defenders of SB 1062, most notably the Alliance Defending Freedom, a Christian legal defense organization, described hypothetical scenarios in which two groups historically at odds or in conflict might be forced to do business with each other if SB 1062 wasn’t passed.
For example, in an editorial sent to state media outlets, the alliance wrote, “Do you believe a photographer who identifies as homosexual should be punished for refusing to photograph an event celebrating the Westboro Baptist Church’s hateful ideas?”
The alliance asserts that without SB 1062, the photographer would be required to shoot the celebration.
Perhaps not. Depending on the state the photographer was in and the reasons the photographer refused to photograph it, the denial of service may be perfectly legal and not a violation of members of Westboro Church’s rights.
At issue in SB 1062 and in other states considering similar laws are the little understood laws governing public accommodation, which allow for people who believe a denial of service was discriminatory to sue the business for violating their civil rights.
The fact is, according to civil rights and business law experts, when business owners hang up open signs, whether literally or figuratively, they have a responsibility to treat all customers equally under the law.
State and federal civil rights laws prohibit employment discrimination and discrimination in places of public accommodation for reasons of race, color, national origin/ancestry, sex/gender, religion/creed and disability (physical and mental).
Some of the outrage over SB 1062 was that it allowed for protection from government enforcement of civil rights laws if the violation of the law was found to have been based on a “sincerely held religious belief.” SB 1062 opponents argued that would have given religious business owners the right to discriminate against gays and lesbians and possibly others.
But Eunice Rho, advocacy and policy counsel for the ACLU’s national office in Washington D.C., says business owners already can refuse to do business with gays and lesbians in Arizona, except in Phoenix, Tucson and Flagstaff, which are charter cities that have enacted city ordinances adding gays and lesbians to the protected class.
But, she said, when it comes to signs asserting the right to refuse service, those signs are meaningless.
“I want to make it clear that those kinds of signs are a bit of a fiction. You do not have the right to refuse service to anybody…there are protected classes. There are state laws, federal laws and in Arizona’s case, local laws that provide protection against discrimination. So that business owner does not have an overriding right to trump those laws,” Rho said.
Cassandra Meynard, a Tucson litigation attorney with Mesch Clark and Rothschild, said business owners can refuse to serve customers, but must be careful that the denial of service is based on customer behavior, decorum or the health and safety of patrons and employees.
“Normally, (refusal of service) would only be warranted where the customer’s presence would somehow be distracting to the wellbeing, to the safety, to the welfare of the other people in the business and the business itself. They can’t arbitrarily refuse service to some because they don’t like the way that they look,” Meynard said.
A few Tucson business owners contacted about how they handle refusing service to customers said the parade of horribles brought up by both SB 1062 opponents and proponents rarely, if ever happen.
Ali Bagheri, owner of World Wide Wrappers, a wraps and juice bar on Fourth Avenue, said in 15 years of business, said he’s rarely had to ask someone to leave and it was usually because they were “really drunk or unhygienic or had an attitude.”
Tom Alfonso, owner of Alfonso Gourmet Olive Oil & Balsamics, in the Foothills and Oro Valley, said conflicts sometimes occur for personality reasons between customers and employees, but in those instances, he has another employee serve the customer.
He said he’s never had an instance where he had to refuse service, though he has had customers walk out for unknown reasons, including one customer who walked out because he was serving a customer who was transgender.
“So it works both ways, customers can refuse” to do business with him, too, he said.
Complaints about discrimination can be complicated. Depending on the allegation, they can be filed with the city, the state or the any of several dozen federal agencies, and each level of government has different rules about when and how to file.
Tucson Attorney Mike Rankin said Tucson added sexual orientation as a class to its antidiscrimination law in 2007. He said violations of the law are a civil offense and carry a $300 fine. However, he said no one has ever filed a complaint since the law was enacted.
Training for businesses about rules of public accommodation and when refusal of service is or isn’t appropriate is sparse. No information about public accommodation training could be found on any of the Tucson area chamber’s websites, SCORE, statewide tourist and lodging associations or hospitality industry associations.
Neither Rho nor Meynard said they were aware of any such training.
Jerry Bustamante, Arizona Small Business Association vice president for public policy and Southern Arizona, said training on public accommodation rules was a good idea and he would suggest it to his organization’s board.
Bustamante said ASBA opposed SB 1062 for many of the same reasons all the other state and local business organizations did, but also because of the law of unintended consequences.
“ASBA concluded that 1062 would have unintentionally exposed private sector businesses and its owners to liability by allowing an employee to exercise their own religious beliefs at the expense of the business. SB 1062 would have shifted the balance of control from the business owner to employees, who could decide to refuse someone’s business based on their own personal religious beliefs and not that of a business owner. As a result, the business and its owner(s) would be held liable for an employee’s actions while exercising their religious convictions,” Bustamante said.
Rho and Meynard agreed that was a likely consequence of the bill if it had been signed.
“The way this law was written would have allowed employees to defy their employers. Even if you had a restaurant in (Tucson) you may want to not discriminate against your customers but your employee could now have a right to do so,” Rho said.
Even so, Meynard said despite the bill being vetoed, business owners still have to be careful when it comes to the religious beliefs of their employees. Just as business owners can’t discriminate against patrons for reasons of religion, they can’t discriminate against employees for religious reasons either.
But that doesn’t mean an employee gets to dictate the terms of employment, Meynard said. While business owners have to make a reasonable accommodation when an employee asserts a religious belief that conflicts with a duty of employment, employers can’t be compelled to unreasonably alter their business.
Why is this even an issue? Anyone who owns a business should be allowed to do whatever they want on their own property just as long as it doesn’t harm anyone. If you don’t like the music they play, it’s simple, don’t go there. If you don’t like the sign they put up, it’s simple, don’t go there. If you don’t like the fact that they are pro-veteran, don’t go there. It’s called freedom of choice. And it works!
Please share if you agree businesses should be allowed to serve whomever they want to serve and play whatever music they want to play…..
Join the conversation
War Hero Confined To Wheelchair Hears National Anthem- He INSTANTLY Makes EVERYONE Cry Tears Of Joy!
LOVE LOVE LOVE THIS!!!
He’s 94-years-old and confined to a wheelchair. He fought in WWII and is an all-American hero that just did something that set every American into a frenzy. If you missed it, then you missed something huge. It was a grand finale of epic proportions and an excellent way for any American to start or end their busy day. His name is Bob Dole, and he sent a harrowing message to the entitlement campers of the NFL when he stood for the National Anthem.
Dole was honored by receiving a Congressional Gold Medal while in front of President Trump and Vice President Mike Pence. The World War II veteran may have needed a few helping hands to stand, but that would not stop him from honoring this great country filled with amazing people. Bob Dole showed the NFL what it meant to have class and appreciate the things and opportunities that we’re lucky to have. We may have been honoring Bob Dole today, but he was honoring all of us. It was a fantastic moment that many may not ever forget. Watching Bob Dole in action brought a tear to many eyes and proved that people, no matter their age or background, appreciate our country and everything it stands for.
Daily Caller reports:
“Bob Dole was honored at the US Capitol today, and he sent the NFL a message.
The World War II veteran, Senator and former presidential candidate received the Congressional Gold Medal in a ceremony that included Republican and Democrat leadership, the President and the Vice President.
The former Kansas Senator was honored for being particularly instrumental in the commissioning of the World War II Veterans Memorial.
Dole, who is 94 years old, can no longer walk and remained in his wheelchair for the majority of the ceremony. However, when the color guard walked in carrying the American flag and the flags of the Armed Forces, Dole can be seen on camera waving for an aide. A young man jumped up and helped pull Dole upright, so that he could be standing during the honoring of the American flag. “
This could be one of the greatest moments in Congressional Gold Medal history! It’s spectacular that someone his age and condition still prefers to be upright at all costs to honor the American flag during the National Anthem. After 90+ years, he’s still a respectful WWII veteran who risked his life for the flag. It is fantastic to see him willing to stand. Nothing can hold Bob Dole down! He’s an all American patriot!
Here is the video provided by a Twitter user. You may need a tissue because this video is purely inspiring, respectful, and amazing.
A great American. RT @RealSaavedra: 94-year-old Bob Dole, who is confined to a wheelchair, put the @NFL to shame today when he stood for the national anthem. #CongressionalGoldMedal pic.twitter.com/O4bvQHaFGL
— Patricia G Boig (@pboig) January 18, 2018
The Twitter user posts the incredible video of WWII hero Bob Dole standing at the White House to pay respects to the American flag during the national anthem, but then they bring up something that’s been a mega-story in the media for the last few months. They mention the NFL that reminds us of the shameful and entitled athletes disrespecting the flag before their football games.
Protesting is fine, but they should do it on their own time. NFL players who protest during, before, or after a game (while at the game) are being disrespectful to the game, the country, and the fans. American football fans wish to eliminate all politics from their favorite sport. They would rather watch a field of painted grass dry before they admire any football players who take a knee and ruin the enjoyment with their petty protest. Taking a knee during the National Anthem is disrespectful to the people who fought for the freedom for the athletes to become millionaires.
If the football players want to protest on their own time, then so be it. Any protest on their own time is acceptable because it’s not interference with something that paying customers wish to see. Football is entertainment and those who pay to watch it deserve to have their show uninterrupted by childish whining.
Bob Dole wouldn’t be caught taking a knee. He’s a hardened WWII veteran and you’d have to take the knee from him before he ever disrespected the flag.
Watching 94-year-old Bob Dole wish to stand is the most American thing you’ll see this week. Share it with your fellow patriots who love our great country.
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BREAKING NEWS!!! HE’S FINALLY DEAD!!! FATHER Of GLOBALISM!
SEE YA, SUCKER!!!
One of the biggest threats to America as we know it has come down to one man, who sought out to destroy all that this country holds dear and is true to our constitution. With globalism as the goal, he brought hell into this country with his sinister, divisive, plans, that nearly brought the U.S. down. However, death beat him to that end-goal in what’s likely the perfect twist of fate, before more people lost their own lives to what he had put into motion. This man was not only America’s worst enemy to freedom, he also posed the same threat to other nations who suffered worse under his self-imposed power.
The man behind mass migration and multiculturalism that has completely changed the look of Europe for the worse, which was on track to repeat that process here in America has died. The “ultimate equalizer” does not discriminate based on any amount of money or power, as has now been proven with this sudden fatality. You could call his passing karma or perfect timing as he died before he could destroy the free world like he managed to do in Europe.
Breitbart reports of the shocking, sudden news that has the whole world cheering:
Peter Sutherland, the notorious mass migration and multiculturalism campaigner dubbed the ‘father of globalization’, has died.
Sutherland, 71, was a key player on a host of globalist bodies and multinational corporations, including the European Commission, the World Trade Organization (WTO), and Goldman Sachs International, throughout his life.
As the United Nations Special Representative for Migration and non-executive chairman of Goldman Sachs International in 2012, he infamously remarked that the European Union should “be doing its best to undermine” the sense of national “homogeneity” in Britain and Europe, in order to pave the way for multicultural societies.
“The United States, or Australia and New Zealand, are migrant societies and therefore they accommodate more readily those from other backgrounds than we do ourselves, who still nurse a sense of our homogeneity and difference from others,” he told the House of Lords.
“And that’s precisely what the European Union, in my view, should be doing its best to undermine.”
The Ireland-born globalist argued that the supposed threat of an aging population was the “key argument … for the development of multicultural states”, and that the EU should push mass migration “however difficult it may be to explain this to the citizens”.
Sutherland had previously served on the bloc’s unelected executive as European Commissioner for Competition from 1985 to 1989.
This comes just a week after Sutherland’s globalist, crooked counterpart, George Soros reportedly had a heart attack. While many of us conservative Americans wanted to believe this was the case, there was nothing to confirm he suffered that condition, but there’s also nothing out confirming that he’s in good health. It’s now ironic that that was reported only for Sutherland’s very real and unexpected death to come almost exactly a week later.
Sutherland is a celebrated figure among neoliberals and hardline free traders for his work presiding over the Uruguay Round negotiations of the General Agreement on Tariffs and Trade (GATT), the predecessor to the WTO.
This saw tariffs on agriculture, textiles, services, and so on reduced, and new rules on international arbitration and intellectual property introduced.
Corporates and idealistic free marketeers were overjoyed, with figures like the pioneering Brexit campaigner Sir James Goldsmith serving as lonely voices for economic nationalism.
The GATT did increase economic activity worldwide, and the European Commission took the unusual step of personally rebuking Sir James, asserting that “all economic activity is productive” — regardless of the harm caused by the mass outsourcing of industry and manufacturing to sweatshop economies.
The entrepreneur disagreed, complaining that the “politicians and technocrats who govern us … concentrate their political, economic and social programs on initiatives whose principal purpose is to make GNP grow quantitatively, without regard to its impact on society”, and observed that they seemed unable “to distinguish between a nation and a commercial enterprise.”
Soros may have outlived his globalist counterpart as they are literally one in the same when it comes to seriously evil intentions. However, his time is coming too which could be before his globalist dreams of multiculturalism and foreign migration come to fruition. It’s not what’s good for America, and like Sutherland, Soros doesn’t care. Both had other stakes in that destructive game. As long as it benefits them, they don’t care how many countries it destroys. For that reason, karma certainly caught up to Sutherland and will soon be the same for Soros. No money or power can buy his way out of the fate the Grim Reaper is about to bring him.
BREAKING!! ALL CHARGES DROPPED! This Is HUGE!
STUNNING SUDDEN TURN OF EVENTS!
In a shocking, sudden turn of events, one of the country’s most controversial cases that went to court over a year ago has just ended with all charges dropped against this person. Three others involved in this massive news piece have also been exonerated. While there will be much excitement over this stunning decision, there are likely to be riots as well from the opposition. Was justice effective served? It depends on where you stand on the issue of what this “crime” was.
Barack Hussein Obama was this patriot’s biggest nemesis whose orders led to a deadly standoff. With a new president in charge, things have changed dramatically on one of the country’s biggest cases that would have gone much differently had President Donald Trump not been in office.
Fox News reports:
A federal judge dismissed all charged against rancher Cliven Bundy and three others
U.S. District Judge Gloria Navarro cited “flagrant prosecutorial misconduct” in her decision to dismiss all charges against rancher Cliven Bundy, two of his sons and another person.
This comes after a standoff two years ago that ended in a court battle that began in October of 2017.
Fox explains the unprecedented move made today that was not expected:
The embarrassment a federal judge dealt to government prosecutors last month in the Cliven Bundy case could be set to resume Monday, at a hearing to determine whether the cattle rancher who became a folk hero long before he beat the feds can be retried.
U.S. District Judge Gloria Navarro on Dec. 20 declared a mistrial in the high-profile case. It was only the latest, stunning development in the saga of the Nevada rancher, and served as a repudiation of the federal government. Navarro accused prosecutors of willfully withholding evidence from Bundy’s lawyers, in violation of the federal Brady rule.
The Brady rule, named after the landmark 1963 Supreme Court case known as Brady v. Maryland, holds that failure to disclose such evidence violates a defendant’s right to due process.
“In this case the failures to comply with Brady were exquisite, extraordinary,” said Fox News legal analyst Judge Andrew Napolitano. “The judge exercised tremendous patience.”
The 71-year-old Bundy’s battle with the federal government eventually led to what became known as the Bundy standoff of 2014. But it began long before that.
In the early 1990s, the U.S. government limited grazing rights on federal lands in order to protect the desert tortoise habitat. In 1993, Bundy, in protest, refused to renew his permit for cattle grazing, and continued grazing his livestock on these public lands. He didn’t recognize the authority of the Bureau of Land Management (BLM) over the sovereign state of Nevada.
The federal courts sided with the BLM, and Bundy didn’t seem to have a legal leg to stand on. Nevertheless, the rancher and the government continued this dispute for 20 years, and Bundy ended up owing over $1 million in fees and fines.
Things came to a head in 2014, when officials planned to capture and impound cattle trespassing on government land. Protesters, many armed, tried to block the authorities, which led to a standoff. For a time, they even shut down a portion of I-15, the main interstate highway running through Southern Nevada.
Tensions escalated until officials, fearing for the general safety, announced they would return Bundy’s cattle and suspend the roundup.
Afterward, Bundy continued to graze his cattle and not pay fees. He and his fellow protesters were heroes to some, but criminals to the federal government. Bundy, along with others seen as leaders of the standoff, including sons Ammon and Ryan, were charged with numerous felonies, including conspiracy, assault on a federal officer and using a firearm in a violent crime. They faced many years in prison.
The Bundy case finally began in late October, 2017. But just two months later, it ended with Navarro angry, the feds humiliated and Bundy – at least to his supporters – vindicated.
In fact, Navarro had suspended the trial earlier and warned of a mistrial when prosecutors released information after a discovery deadline. Overall, the government was late in handing over more than 3,300 pages of documents. Further, some defense requests for information that ultimately came to light had been ridiculed by prosecutors as “fantastical” and a “fishing expedition.”
“Either the government lied or [it’s actions were] so grossly negligent as to be tantamount to lying,” Napolitano said. “This happened over and over again.”
Navarro offered a handful of examples of the prosecution’s failure to disclose. One had to do with a video showing government surveillance of the Bundy ranch, as well as government snipers, before the standoff.
“Timing is everything when it comes to these documents,” said Napolitano. “The tapes show that the defendants were telling the truth when they said they brought a militia to the property to protect them from snipers, rather than the government’s version, which is that the snipers came to protect the government agents from the militia.”
Other instances of the government holding back included the failure to produce an internal affairs report on BLM misconduct, which the defense requested and the government denied existed, and threat assessments by federal agents declaring the Bundys were not likely to use violence.
“The court does regrettably believe a mistrial in this case is the most suitable and only remedy,” Navarro said in declaring a mistrial.
Ammon and Ryan Bundy were arrested. LaVoy Finicum was dead. The standoff in Oregon between ranchers and the federal government seemed to be at an end as the leaders of the revolt had either been killed, or were in custody. Four holdouts remained at Malheur National Wildlife Refuge in eastern Oregon, though. Negotiations were underway for their surrender.
The son of famed preacher Billy Graham, Franklin Graham, said he would meet with the four holdouts at the national refuge, presumably to bring the revolt which has captivated Americans nationwide to a peaceful resolution.
Elected officials joined in the fray, telling the holdouts to “stay alive” so their story could be told. While this was happening, Cliven Bundy announced he would come to Oregon to bolster the holdouts stand against the federal government. As the holdouts somehow managed to break an FBI “block” of internet and cell communications, and stream audio, and video of what was happening, Cliven Bundy landed at Portland International Airport, and was immediately surrounded by SWAT teams.
USA Today reports that the elderly rancher was arrested, and booked into Multnomah County Jail.
Nevada rancher Cliven Bundy has been arrested after flying into Portland International Airport. The father of Ammon Bundy, the leader of the occupation at an Oregon wildlife refuge, was detained by the FBI and booked into Multnomah County Jail on Wednesday night, the prison’s records show.
A post on Bundy Ranch’s Facebook page said: “Cliven Bundy just landed in Portland; we are being told by eyes on ground that he was surrounded by SWAT and DETAINED.”
The 74-year-old, who intended to travel to Burns, close to the wildlife refuge, faces federal charges related to a standoff at his ranch in 2014, The Oregonian reported. The newspaper said he faces a charge of conspiracy to interfere with a federal officer and weapons charges.
The elderly Bundy was good friends with Arizona rancher LaVoy Finicum, who was killed by authorities during the Oregon standoff. During the standoff, Finicum told reporters that he just wanted to go home. Finicum was a foster parent to 4, and hosted 50 foster children at his ranch in Arizona.
Finicum explained in a video why he disliked the federal government so much. The Bureau of Land Management stole his water.
The “Oregon Standoff” began because Amanda Marshall, an Obama appointee for U.S. attorney for Oregon, recommended that the government sentence Oregon rancher Dwight Hammond and his son, Steven Hammond as terrorists for a controlled burn on their land which reached federal land.
BREAKING News!! They JUST BANNED All Muslim Refugees… THIS IS HUGE!!
THEY HAD ENOUGH!!!
BREAKING!! TRUMP PISSED! Gowdy Just Exposed ‘Secret Society’ Plotting Trump Assassination
IT KEEPS GETTING WORSE!!!
HILLARY And OBAMA Go Into HIDING After SHOCKING TOPICS Of MEMO Released! HOLY CRAP THIS IS HUGE!!
THIS IS BLOWING UP!!
BREAKING NOW: Karma Just Stormed Chuck Schumer’s House! He’s Afraid For His LIFE!
HE'S GETTING A TASTE OF HIS OWN MEDICINE!
BREAKING! After The NFL Trashed Veterans 2 Executives were Just FIRED For SICKENING Thing!!!
ROT IN PRISON!
BREAKING NEWS!! Hell Yeah!!! TRUMP Might FIRE HIM!!! Do You AGREE!?
DRAIN THE SWAMP!! GO TRUMP!
BREAKING NEWS!! FBI Agents Threatened To Harm Trump In “Frightening” MISSING TEXT MESSAGES!
The ongoing investigation into possible corruption at the FBI has led us to some startling revelations. Our once trusting view...
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