Bookstore would not be a "public accommodation" the way a skating rink
might be; in addition, isn't there a context issue here; might be
factual matter for a judge or jury to determine. But, living surrounded
by many people who in fact use "Christian" to exclude others and who are
openly hostile to those of us who are not Christian, I have a sense that
Christian skate time migth be very different than Polish Sausage night
at the ball park. Again, I do no imagine anyone trying to convert you to
be Polish; since I live in a world where I regularly face unwanted and
offensive intrusions on my life by people who want to convert me, I
perhaps see the Christian skate night as far less innocuous than Polish
night.
The other difference, of course, is that one IS religious and the other
is not. It was not "Catholic night" at the ball park and I bet there
were few priests bringing their sunday school class in for "Polish
Catholic" night.
Steve Sanders wrote:
Quoting Paul Finkelman <[EMAIL PROTECTED]>:
Isn't there a difference between holding an "ethnic theme" -- food,
music, etc.at the ball park -- and having an event that implies
people of only one religion are welcome? Hard to imagine what the
food and music would be of a Christian Theme night at the ball park
or the skating rink?
Amy Grant and tuna casserole, perhaps?
Seriously, Paul, I'm not sure I really see the difference. Both are
designed to celebrate the identities and cultures of particular
groups. If someone not in that group wants to feel it excludes them,
it's hard to know what to do, assuming that there is no actual effort
by the private entity to exclude in violation of the civil rights law.
While I suspect that the Christian Skating Time crowd would not be my
idea of a fun time, I'm hard pressed to understand why the rink
management isn't within its rights to offer it -- again, providing
they are not actually excluding non-Christians. I wouldn't feel
particularly welcome shopping Hollister, Victoria's Secret, or Hip Hop
Closet, but that standing alone doesn't mean I could accuse them of
age, gender, or race discrimination.
It doesn't take much of an imagination to understand that the ball
park "theme" is about celebrating and ethnic culture, and the
"Christian skate" is about creating a climate of exclusivity based on
belief.
By this logic, wouldn't it be illegal to run a Christian book store?
I doubt anyone at Comisky Park was asked about their "Polish beliefs"
or anyone tried to convert them to "become Polish."
True, the worst they would have faced was being accosted by drunks
wearing "Kiss Me, I'm Polish" t-shirts.
Steve Sanders
7th Circuit US Court of Appeals
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Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK 74105
918-631-3706 (voice)
918-631-2194 (fax)
[EMAIL PROTECTED]
After July 21, 2006 my address will be
Paul Finkelman
President William McKinley Distinguished Professor of Law
Albany Law School
80 New Scotland Avenue
Albany, New York 12208
518-445-3386 (office)
518-605-0296 (cell)
[EMAIL PROTECTED]
_______________________________________________
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