The music is a substantial part of the skating experience. No one would
doubt that a Christian music concert could be held (and advertised).
Does the combination of a physical activity (skating) with the playing
of music deprive the business owner of the free speech rights that a
concert promoter would have? 

Suppose the owner of the rink decided to have a "global warming" evening
featuring the audio from Vice President Gore's movie. Would that be
permitted, even though a lot of people would choose not to come to the
rink in order to avoid what they would perceive as propaganda? If it
would be permitted, then doesn't the NY law discriminate against
religious speech?

And if, as I think someone suggested, a "spiritual" evening would be
permitted, so long as it was inclusive by not focusing on any particular
religious tradition, then isn't this a matter of viewpoint
discrimination?

Mark S. Scarberry
Pepperdine University School of Law
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