"Christian" Skating Time

[Will Esser]

The language of the actual statute is below.  And it looks like the ACLJ has taken this case on (http://www.aclj.org/trialnotebook/read.aspx?id=375).  Maybe they can provide us with a copy of the letter.
   
  http://www.nysdhr.com/hrlaw.html#296
   
  2. (a) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, creed, color, national origin, sexual orientation, military status, sex, or disability or marital status of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed, color, national origin, sexual orientation, military status, sex, or disability or marital status, or that the patronage or
 custom thereat of any person of or purporting to be of any particular race, creed, color, national origin, sexual orientation, military status, sex or marital status, or having a disability is unwelcome, objectionable or not acceptable, desired or solicited. 
(b) Nothing in this subdivision shall be construed to prevent the barring of any person, because of the sex of such person, from places of public accommodation, resort or amusement if the division grants an exemption based on bona fide considerations of public policy; nor shall this subdivision apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one sex. 
   
   
   
  

"Volokh, Eugene" <VOLOKH at law.ucla.edu> wrote:
  By the way, is there a copy of the letter from the New York
agency somewhere around? I'd like to see exactly what they're alleging
is the violation. Thanks,

Eugene

> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu 
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of 
> Scarberry, Mark
> Sent: Monday, July 03, 2006 10:45 AM
> To: Law & Religion issues for Law Academics
> Subject: RE: "Christian" Skating Time
> 
> 
> 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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Will Esser  --- Ad Majorem Dei Gloriam
Charlotte, North Carolina

********************
We can easily forgive a child who is afraid of the dark;
the real tragedy is when men are afraid of the light.
Plato (428-345 B.C.)
********************
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