Stealthy Ninja wrote:
Tamgerine wrote:
garyrhook wrote: Except that I, as a photographer, am not operating a public accommodation. I provide a service, but I don't fit into the above categories if I don't have an office or studio that the public could walk into. So I wonder if I'm subject to that requirement? I think not...
Actually, you are. If you offer a service to the public, it falls under those laws and regulations regardless of whether you own a studio or stand alone building. If you're in business, you operate somewhere, right? Unless you don't have a legal business license or pay your taxes, in which case you don't really count as you're part of the shadow economy at that point.
This would also include for example makeup artists or hairstylists who perform on location, or caterers who work out of their home kitchens. Or dog groomers, or nannies. Are you saying that because these legal businesses don't have a physical retail space they are not subject to the Civil Rights Act? Because they are.
Generally speaking, it may help to think of public accommodations as most (but not all) businesses or buildings that are open to (or offer services to) the general public. More specifically, the definition of a "public accommodation" can be broken down into two types of businesses / facilities:
Government-owned/operated facilities, services, and buildings
Privately-owned/operated businesses, services, and buildingsPrivately-owned/operated businesses and buildings. Privately-owned businesses and facilities that offer certain goods or services to the public -- including food, lodging, gasoline, and entertainment -- are considered public accommodations for purposes of federal and state anti-discrimination laws. For purposes of disability discrimination, the definition of a "public accommodation" is even more broad, encompassing most businesses that are open to the public (regardless of type).
civilrights.findlaw.com/enforcing-your-c...-accommodations.html
Generally, places of public accommodation are businesses or buildings that are open or offer services to the general public. These facilities can be publicly or privately owned and operated. Federal, state and local governments own and operate facilities such as courthouses, jails, hospitals, parks, and other places. They also provide services, programs, or activities including transportation systems and welfare programs. Privately-owned businesses and facilities offer certain goods or services to the public.
civilrights.uslegal.com/discrimination-i...ublic-accommodation/
And of course the section itself: www.citizensource.com/History/20thCen/CRA1964/CRA2.htm
You're certainly correct that there are ways to deny business, there always are. However, as a business if you choose to violate the laws and regulations you have to operate by, you leave yourself open to consequences. Anyone can sue anyone for anything they want, whether they win is a different matter. In this case the photographers did not win.
As mentioned before, state laws can vary and ultimately it is up to a judge to implement the law. There are times when the law can be less than black and white. They may appeal and get a reversal, who knows. But I doubt it.
Well as far as this case goes the court has to decide. But here is the real deal do you want someone who hates your lifestyle actually shooting your even, or providing services for your event. Oh! Also from a gay forum discussing this, it seems those who are reasonable agree with peoples right to refuse service. Found it on Google and it will surprise you at the Poll Result butchfemmeplanet.com/forum/showthread.php?t=2966
It seems that most on that forums people argue their reasoning my like mine, they are against forcing people to go against their beliefs. While these are people I would never associate with, I do respect that they hold each individuals freedoms higher than unjust laws.
Also let me put a strictly hypothetical out to you.
Lets say you have an older man/woman contract you for their Engagement session. They are in the 50+ range, and their soon to be mate is 15 years old, the parents approved of this, so that is not an issue. You shoot the session, and you are not yet contracted for the Wedding, will you shoot it?
It seems this couple wishes to force themselves over anothers beliefs. This is where you get division and hatred BTW is in forcing, or quite hypocritically I might add, not allowing for others beliefs to dictate what they do. It seems that those crying for their rights demand the trampling of others rights.
Also you will note that the term accommodations applies to services with in buildings. A photography business can be in a building, in which case this applies. But it can also not have a building or structure, then it does not apply.
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