RaleighDevil
Well-known member
http://www.chicagotribune.com/business/breaking/ct-met-chicago-chick-fil-a-20120725,0,929023.story
A Chicago alderman wants to kill Chick-fil-A's plans to build a restaurant in his increasingly trendy Northwest Side ward because the fast-food chain's top executive vocally opposes gay marriage.
Ald.Proco "Joe" Moreno announced this week that he will block Chick-fil-A's effort to build its second Chicago store, which would be in the Logan Square neighborhood, following company President Dan Cathy's remarks last week that he was "guilty as charged" for supporting the biblical definition of marriage as between a man and woman.
"If you are discriminating against a segment of the community, I don't want you in the 1st Ward," Moreno told the Tribune on Tuesday.
Moreno stated his position in strong terms, referring to Cathy's "bigoted, homophobic comments" in a proposed opinion page piece that an aide also sent to Tribune reporters. "Because of this man's ignorance, I will now be denying Chick-fil-A's permit to open a restaurant in the 1st Ward." ...
Rick Garcia, a longtime Illinois gay rights activist who is a policy adviser to The Civil Rights Agenda group that was working with Moreno and Chick-fil-A on LGBT issues, lauded Moreno's decision.
"I think it's important that the city sends a message that we want business here ... but what we can't have and don't want are businesses that have discriminatory roles," Garcia said, adding that he's a defender of free speech.
Moreno, meanwhile, said it will take "more than words" to get him to reverse course.
"They'd have to do a complete 180," the alderman said. "They'd have to work with LGBT groups in terms of hiring, and there would have to be a public apology from (Cathy)."
http://www.volokh.com/2012/07/25/no-building-permits-for-opponent-of-same-sex-marriage/
But 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.
A Chicago alderman wants to kill Chick-fil-A's plans to build a restaurant in his increasingly trendy Northwest Side ward because the fast-food chain's top executive vocally opposes gay marriage.
Ald.Proco "Joe" Moreno announced this week that he will block Chick-fil-A's effort to build its second Chicago store, which would be in the Logan Square neighborhood, following company President Dan Cathy's remarks last week that he was "guilty as charged" for supporting the biblical definition of marriage as between a man and woman.
"If you are discriminating against a segment of the community, I don't want you in the 1st Ward," Moreno told the Tribune on Tuesday.
Moreno stated his position in strong terms, referring to Cathy's "bigoted, homophobic comments" in a proposed opinion page piece that an aide also sent to Tribune reporters. "Because of this man's ignorance, I will now be denying Chick-fil-A's permit to open a restaurant in the 1st Ward." ...
Rick Garcia, a longtime Illinois gay rights activist who is a policy adviser to The Civil Rights Agenda group that was working with Moreno and Chick-fil-A on LGBT issues, lauded Moreno's decision.
"I think it's important that the city sends a message that we want business here ... but what we can't have and don't want are businesses that have discriminatory roles," Garcia said, adding that he's a defender of free speech.
Moreno, meanwhile, said it will take "more than words" to get him to reverse course.
"They'd have to do a complete 180," the alderman said. "They'd have to work with LGBT groups in terms of hiring, and there would have to be a public apology from (Cathy)."
http://www.volokh.com/2012/07/25/no-building-permits-for-opponent-of-same-sex-marriage/
But 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.