The main reason I am not a customer of the Chick-Fil-A fast
food franchise is that the food is not kosher.
Nevertheless, I support the enterprise rights of Chick-Fil-A as I do any
other legitimate business.
But recently, a controversy has developed. It seems that Chick-Fil-A's President, Dan
Cathy, has made public statements against same-gender marriage, and made
disbursements from his personal fortune towards the expression of his sentiments. [Quite frankly, though I personally agree with his
sentiments, the issue is not of sufficient priority for me to be as vocal or as
financially munificent in the expression of such personal views.]
There is but a single Chick-Fil-A franchise business in New
York City, a concession at New York University's food court.
So Christine Quinn, the New York City Council Speaker, wrote
a letter to John Sexton, the President of NYU.
Ms. Quinn stated in her letter that "I write as the Speaker of the
NYC Council" and "Let me be clear ‐‐ I do not want establishments in
my city that hold such discriminatory views." The letter, which was written on official New
York City stationery, further stated, " I urge you to sever your
relationship with the Chick‐fil‐A establishment that exists on
your campus." It is a matter of
public record, and of unabashed public statements by Ms. Quinn, that she
herself is party to a duly solemnized same gender "marriage"
relationship.
Firstly, it must be noted that there is no evidence that
Chick-Fil-A discriminates against employees or customers based upon sexual
preferences. Moreover, it must be
remembered that the Chick-Fil-A establishment at NYU, like most if not all
other Chick-Fil-A establishments, is a franchise. This means that it is independently owned and
operated by some entrepreneur or group of entrepreneur who has invested their
own money in the business, and pays hefty fees to Chick-Fil-A for the use of
its name and logo.
Well now, it seems that Christine is backpedalling. Notwithstanding the official letterhead, and
the rank-pulling statements in the letter, she now says, through a
spokesperson, that she was expressing
her personal views as a concerned citizen, and that Chick-Fil-A has the
same right to do business in New York City as any other law-abiding
entrepreneur.
Even the New York Times carried a piece
critical of Quinn.
I note that 42 U.S.C. § 1981 protects
contract rights from "impairment under color of State law," and that 42 U.S.C. § 1983
gives those whose rights are so impaired the right to sue those persons
responsible. These, and other provisions
of the Civil Rights Act, would be powerful artillery for any lawyer taking up
the case to sue Christine Quinn.
0 Comments:
Post a Comment
<< Home