Chick-fil-A Meets a First Amendment Buzzsaw in Chicago

[babylonsister]

Chick-fil-A Meets a First Amendment Buzzsaw in Chicago
By Michael Scherer



Dan Cathy, the CEO of Chick-fil-A, is a self-described Christian businessman, who proudly runs his fast-food chain according to his own vision of Christian principles. His stores close on Sundays, for instance, and the company gives money to nonprofits that support limiting marriage to unions between a man and a woman. A couple of weeks ago, Cathy explained this in an interview with the Baptist Press. “We are very much supportive of the family — the biblical definition of the family unit,” he said. “We are a family-owned business, a family-led business, and we are married to our first wives. We give God thanks for that.”

For this reason, Boston Mayor Thomas Menino has urged Chick-fil-A to “back out” of its “plans to locate in Boston.” And Chicago Mayor Rahm Emanuel says Chick-fil-A has no place in the city of Chicago.

“Chick-fil-A’s values are not Chicago values. They’re not respectful of our residents, our neighbors and our family members. And if you’re gonna be part of the Chicago community, you should reflect Chicago values,” Emanuel said, according to the Chicago Sun-Times. Alderman Joe Moreno says he will seek to block a permit for Chick-fil-A in Chicago’s Logan Square neighborhood. “Same-sex marriage, same-sex couples — that’s the civil rights fight of our time. To have those discriminatory policies from the top down is just not something that we’re open to,” Moreno said.

No evidence has been presented to suggest that Chick-fil-A discriminates against gay or lesbian customers or employees. There is nothing to suggest that the company has broken the law in any way. In his comments to the Baptist Press, Cathy did not even mention same-sex marriage. He simply said that he and his company supported traditional marriage. The only issues at play are the personal view of the owner of the restaurant chain and the philanthropic efforts of the private company.

That puts the political leaders of Boston and Chicago in tricky legal waters. Generally speaking, governments have a responsibility to not discriminate against businesses on the basis of personal beliefs, just as restaurant chains cannot discriminate against employees on the basis of personal beliefs (or sexual orientation). “It’s very problematic,” explains Alan Weinstein, a law professor at Cleveland State University who studies municipal zoning. “The political, ideological and theological views of a person seeking the land-use permit are entirely irrelevant.” Mayors are free to speak their minds, and city councils can pass resolutions expressing their views, but a judge would almost certainly toss out any punitive action taken against the restaurant chain on such grounds, Weinstein says.

more...

http://swampland.time.com/2012/07/26/chick-fil-a-meets-a-first-amendment-buzzsaw-in-chicago/

[Not Me]

1. I don't live in Chicago, but from what I understand

an Alderman has the final say in his/her ward, and doesn't even have to give a reason. Correct me if I am wrong on this.

Of course, Chick Fil A can dump a ton of cash into his/her opponent's campaign coffers next election cycle...

[Drale]

2. I don't know about that but

If the Mayor and the City Council don't want something in the city, they have ways of keeping them out. Look at Walmart.

[-..__...]

3. Not the same thing...

City government can keep places like WalMart from locating in their communities by citing the negative/detrimental effects certain business's would have on the local economy and quality of life.

Not the case with Chic-Fil-A as certain politicians are seeking to block them/deny them permits based on the owners personal beliefs.

In Chic-Fil-A's situation, that would be very easy to prove to a judge.

[slampoet]

4. Interesting article but Chick-fil-a HAS been sued at least 12 times for discrimination

according to Forbes Magazine in 2007. This article mistakenly says there is no evidence which is not true. Chick-fil-a just has a habit of settling out of court so there is no litigation.


"Chick-fil-A, the corporate parent, has been sued at least 12 times since 1988 on charges of employment discrimination, according to records in U.S. District Courts. Aziz Latif, a former Chick-fil-A restaurant manager in Houston, sued the company in 2002 after Latif, a Muslim, says he was fired a day after he didn't participate in a group prayer to Jesus Christ at a company training program in 2000. The suit was settled on undisclosed terms.

The company might face more suits if it didn't screen potential hires and operators so carefully. Many Chick-fil-A job candidates must endure a yearlong vetting process that includes dozens of interviews. Ty Yokum, the training manager for the chain, sat through 7 interviews and didn't get the job. He reapplied in 1991 and was subjected to another 17 interviews--the final one lasted five hours--and was hired. Bureon Ledbetter, Chick-fil-A's general counsel, says the company works hard to select people like Yokum, who "fit." "We want operators who support the values here," Ledbetter says."





http://www.forbes.com/forbes/2007/0723/080.html

[Erose999]

5. Rahm is trying to make us look bad, is what it boils down to.

[Son of Gob]

6. Who's us? Do you work for Chick-fil-A?

[UnrepentantLiberal]

7. How is he making "us" look bad?

[ProdigalJunkMail]

8. Here's the rub :

<snip>
Mayors are free to speak their minds, and city councils can pass resolutions expressing their views, but a judge would almost certainly toss out any punitive action taken against the restaurant chain on such grounds, Weinstein says.
</snip>

The big problem here is that, while they can speak their minds as citizens, they cannot have any official action that stops or even slows the progress of a business based on speech. The Mayor of Boston, in writing on official city letterhead and AS Mayor of Boston, really screwed the pooch. IF there is ANY hiccup now in the development of that Chick-fil-A, all Chick-fil-A has to do is hold up that letter and BAM...major lawsuit.

sP