So Riddle Me This...

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GunSlingingPlatypus

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How can a bar legally turn away a patron for wearing a "Make America Great Again" hat but a bakery can't turn away a couple for wanting a cake for their gay wedding?

Judge rules New York City bar can refuse service to Trump supporter wearing MAGA hat
Published April 25, 2018

FoxNews.com

A Manhattan judge ruled Wednesday that kicking a Trump supporter out of a bar does not violate the law – because the law does not protect against political discrimination.

Greg Piatek of Philadelphia claims he was refused service and then eventually removed from a New York City bar in January 2017 for wearing a “Make American Great Again” hat, in a lawsuit against the establishment.

“Anyone who supports Trump — or believes in what you believe — is not welcome here! And you need to leave right now because we won’t serve you!” Piatek claims the staff of The Happiest Hour told him.

Piatek claimed the incident “offended his sense of being an American,” the New York Post reported.

Judge: Bars are allowed to throw out Trump supporters https://t.co/KtiX6AeFjo pic.twitter.com/o11SAZCI7N

— New York Post Metro (@nypmetro) April 25, 2018
The lawyer representing The Happiest Hour, Elizabeth Conway, argued that he was not discriminated against because only religious – not political – beliefs are protected under state and city discrimination law.

“Supporting Trump is not a religion,” Conway argued.

Piatek’s attorney Paul Liggieri responded in court, “The purpose of the hat is that he wore it because he was visiting the 9/11 Memorial.”

“He was paying spiritual tribute to the victims of 9/11. The Make American Great Again hat was part of his spiritual belief,” Liggieri claimed. "Rather than remove his hat, instead he held true to his spiritual belief and was forced from the bar,” Liggieri told Justice David Cohen, the New York Post reported.

The judge pressed Liggieri on the spiritual nature of his client's belief, saying the bar staff would not be aware of Piatek’s specific religious philosophies.

“How many members are in this spiritual program that your client is engaged in?” the judge asked.

“Your honor, we don’t allege the amount of individuals,” Liggieri said.

“So, it’s a creed of one?” the judge asked.

“Yes, your honor,” Liggieri replied, the New York Post reported.

The judge eventually made a ruling on the matter, saying the incident amount to nothing more than a “petty slight,” the New York Post reported.

“Plaintiff does not state any faith-based principle to which the hat relates,” Judge Cohen said. “Here the claim that plaintiff was not served and eventually escorted out of the bar because of his perceived support for President Trump is not outrageous conduct.”

Piatek was suing for unspecified emotional damage and will review with Liggieri to determine whether or not to appeal the verdict.

The Happiest Hour denied that Piatek had been removed in the first place, stating Piatek “was sufficiently pleased with his service at the bar [and] that he added” a $36 tip onto the $186 tab, according to the New York Post. The bar owners suggest Piatek’s lawsuit was a “publicity stunt.”
 

TwoForFlinching

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Businesses have a right to refuse service. Didn't agree with the bakery debacle, but do agree with this. The right of law isn't quid pro quo. One wrong decision doesn't justify another wrong decision. Doesn't seem any different than the local country dance club refusing to allow jerseys to be worn, which is their right.
 

GunSlingingPlatypus

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Businesses have a right to refuse service. Didn't agree with the bakery debacle, but do agree with this. The right of law isn't quid pro quo. One wrong decision doesn't justify another wrong decision. Doesn't seem any different than the local country dance club refusing to allow jerseys to be worn, which is their right.
So are we disregarding case law? Precedence?
 

caojyn

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political affiliation isn't a protected characteristic (class) in every state.

There are only three jurisdictions in the United States that explicitly bans political affiliation and activity discrimination, California, D.C., and New York. New York does not cover political affiliation discrimination, only political activity discrimination. Federal law discrimination law does not cover political affiliation or political activity.
 

mr ed

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Guarantee that if a bar across the street from Happiest Hour started throwing out Hillary supporters for wearing Hillary hats, that same judge would have them closed down immediately.
Businesses have a right to refuse service. Didn't agree with the bakery debacle, but do agree with this. The right of law isn't quid pro quo. One wrong decision doesn't justify another wrong decision. Doesn't seem any different than the local country dance club refusing to allow jerseys to be worn, which is their right.
 

TwoForFlinching

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Guarantee that if a bar across the street from Happiest Hour started throwing out Hillary supporters for wearing Hillary hats, that same judge would have them closed down immediately.

Would you rather see the courts force this bar owner into serving this particular patron?

You can't justify 'wrong' by siting other wrongs.
 

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