A Hostile Play Environment

[Blumstein, James]

Doesn't the law require these establishments to accept (and not necessarily
welcome) business on a nondiscriminatory basis?  The civil rights law
regarding public accommodations governs conduct in this regard, but can't a
business owner subject to the law express a begrudging willingness to follow
the law (even if that begrudging or belittling attitude discourages
individuals to take advantage of the rights conferred under the law)?


James F. Blumstein
Centennial Professor of Law
Vanderbilt Law School
131 21st Avenue South
Nashville, TN 37203
Telephone : (615) 322-2613
Fax: (615) 322-6631



-----Original Message-----
From: Larry Sager [mailto:lgs at WORLD.STD.COM]
Sent: Thursday, March 16, 2000 11:23 AM
To: CONLAWPROF at listserv.ucla.edu
Subject: A Hostile Play Environment


Setting aside factual issues about the Massachusetts bar display, let's
assume that a bar or restaurant prominently displays an unequivocally nasty
message about African-Americans or, for that matter about Martin Luther
King.  State and federal law oblige this establishment (I've self-censored
various adjectives) to welcome the business of all persons, without regard
to race.  Surely there is some point at which the formal willingness of the
establishment to accommodate all is betrayed by the nasty message, and the
purpose of the law subverted.  The fact that the message might in other
contexts qualify for robust first amendment protection ought not permit this
subversion of the obligation of a public accommodation to accommodate.

--Larry Sager


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