"Christian" Skating Time

[Steven Jamar]

Well, the bookstore would be a public accommodation at least under  
some state's laws.
But there is a difference between a themed-bookstore being open to  
everyone and a general skating rink being closed to some on a  
prohibited basis.

Since the rink is open to everyone during the Christian-themed  
period, I suspect that under at least some state laws the rink would  
be ok.  But this does not mean that the NY interpretation of its law  
is wrong or unconstitutional.


On Jul 3, 2006, at 12:10 PM, Paul Finkelman wrote:

> 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.

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar at gmail.com
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

"I do not at all resent criticism, even when, for the sake of  
emphasis, it for a time parts company with reality."

Winston Churchill, speech to the House of Commons, 1941