Quote:
Originally Posted by drbrumley
Wizard, what is the legal definition of accommodation?
That word can mean different things, esp, in Bob accomadates his audience with a PUBLIC program. Maybe, hardly?
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It's actually defined in the bill......
24-34-601. Discrimination in places of public accommodation.
(1) As used in this part 6, "place of public accommodation" means any
place of business engaged in any sales to the public and any place offering
services, facilities, privileges, advantages, or accommodations to the public,
including but not limited to any business offering wholesale or retail sales
to the public; any place to eat, drink, sleep, or rest, or any combination
thereof; any sporting or recreational area and facility; any public
transportation facility; a barber shop, bathhouse, swimming pool, bath,
steam or massage parlor, gymnasium, or other establishment conducted to
serve the health, appearance, or physical condition of a person; a campsite
or trailer camp; a dispensary, clinic, hospital, convalescent home, or other
institution for the sick, ailing, aged, or infirm; a mortuary, undertaking
parlor, or cemetery; an educational institution; or any public building, park,
arena, theater, hall, auditorium, museum, library, exhibit, or public facility
of any kind whether indoor or outdoor. "PLACE OF PUBLIC
ACCOMMODATION" SHALL NOT INCLUDE A CHURCH, SYNAGOGUE, MOSQUE,
OR OTHER PLACE THAT IS PRINCIPALLY USED FOR RELIGIOUS PURPOSES.
I know the opening ""place of public accommodation" means any
place of business engaged in any sales to the public" may make some cringe but wouldn't BEL be protected by the also vague ""PLACE OF PUBLIC
ACCOMMODATION" SHALL NOT INCLUDE A CHURCH, SYNAGOGUE, MOSQUE,
OR OTHER PLACE THAT IS PRINCIPALLY USED FOR RELIGIOUS PURPOSES"?
Isn't Bob Enyart live a "place that is principally used for religious purposes"?
But, it gets a bit clearer in section 2
"It is a discriminatory practice and unlawful for a person, directly
or indirectly, to refuse, withhold from, or deny to an individual or a group,
because of disability, race, creed, color, sex, SEXUAL ORIENTATION, marital
status, national origin, or ancestry, the full and equal enjoyment of the
goods, services, facilities, privileges, advantages, or accommodations of a
place of public accommodation or, directly or indirectly, to publish,
circulate, issue, display, post, or mail any written, ELECTRONIC, or printed
communication, notice, or advertisement which THAT indicates that the full
and equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of a place of public accommodation will
be refused, withheld from, or denied an individual or that an individual's
patronage or presence at a place of public accommodation is unwelcome,
objectionable, unacceptable, or undesirable because of disability, race,
creed, color, sex, SEXUAL ORIENTATION, marital status, national origin, or
ancestry."
So, BEL cannot refuse to sell their flyer to someone because of their sexual orientation. Is BEL going to refuse sale to someone due to their sexual orientation?
The whole uproar is about Section 8. 24-34-701
Pay close attention to about halfway down the section (the section in bold) when it talks about these restrictions and what they apply to......
24-34-701. Publishing of discriminative matter forbidden. No
person, being the owner, lessee, proprietor, manager, superintendent, agent,
or employee of any place of public accommodation, resort, or amusement,
directly or indirectly, by himself or herself or through another person shall
publish, issue, circulate, send, distribute, give away, or display in any way,
manner, or shape or by any means or method, except as provided in this
section, any communication, paper, poster, folder, manuscript, book,
pamphlet, writing, print, letter, notice, or advertisement of any kind, nature,
or description which THAT is intended or calculated to discriminate or
actually discriminates against any disability, race, creed, color, sex, SEXUAL
ORIENTATION, marital status, national origin, or ancestry or against any of
the members thereof
in the matter of furnishing or neglecting or refusing to
furnish to them or any one of them any lodging, housing, schooling, or
tuition or any accommodation, right, privilege, advantage, or convenience
offered to or enjoyed by the general public or which states that any of the
accommodations, rights, privileges, advantages, or conveniences of any
such place of public accommodation, resort, or amusement shall or will be
refused, withheld from, or denied to any person or class of persons.......
Bob's right to free-speech on religious grounds will be protected. He can speak out all he wants to against homosexuals adopting. His flyer is not telling social workers to discriminate against homosexuals adopting. Most of the article is language intended to link homosexuals with pedophilia. He talks more about NAMBLA than he does adoption.
It's really moot because in Section 1 of the bill (and I have posted this in a different thread) it states
"SECTION 1. Legislative declaration. The general assembly
hereby finds, determines, and declares that nothing in this act is intended to
impede or otherwise limit the protections contained in
section 4 of article
II of the state constitution concerning the free exercise and enjoyment of
religious profession and worship."
So, just what does section 4 of article II of the CO state constitution say about the free exercise and enjoyment of religious
profession and worship?
section 4 article II of the CO state constitution
Section 4. Religious freedom. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever hereafter be guaranteed; and no person shall be denied any civil or political right, privilege or capacity,
on account of his opinions concerning religion; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness or justify practices inconsistent with the good order, peace or safety of the state. No person shall be required to attend or support any ministry or place of worship, religious sect or denomination against his consent. Nor shall any preference be given by law to any religious denomination or mode of worship.[/b]
Could the state prove that Bob's flyer is inconsistent with the good order, peace or safety of the state?
He's got nothing to worry about as long as he is not suggesting action inconsistent with the "good order, peace or safety of the state".
Will you answer a direct question drbrumley - do you think Bob's flyer is illegal in the state of CO?
Could Bob print a flyer stating that
he feels disabled people should not adopt? Would that flyer be illegal? Could he print a flyer stating that
he feels single women should not adopt? "Sexual orientation" is just another class added to already protected classes of individuals under the already existing anti-discrimination law. Bob has a right to personal opinion and has a right to state it out loud or even print it on a flyer.
It's a dumb and unnecessary law. But, it is not going to do all the things some people seem to think. At least that's my analysis.
I bet bibles are still being printed in CO.
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