Originally Posted by Lursa
Originally Posted by joG
Maybe something along these lines:
1. Current Public Accommodation laws are repealed and replaced with - ah - let's call it a "True In Commerce Act" requirement.
2. At the time that a business license is issued or renewed the business is required to file a legally binding "Truth In Commerce" statement. At such time a business verify that they will not discriminate based on conditions determined by the State legislator - those condition being the same ones used currently under Public Accommodation laws: i.e. race, religion, sex, sexual orientation, national origin, marital status (some states), parental status (some states), veterans status, (some states), etc. Business who certify they would not discriminate based on any of the listed criteria would be required to inform the public of such legally binding commitment. On the other hand businesses could reserve the right to discriminate based on any one (or more) of the selected criteria and maintain that certification on file with the business licensing bureau.
3. As a legally binding commitment, such a document would remain on file with the businesses license with the licensing bureau and open for public inspection.
4. The business could also be required to maintain such a statement of intent prominently in a location where the public is aware of the businesses legal practices. Such as at each checkout register, at the entrance to the business used by the general public, as part of any website or online advertising, included with any email solicitations, a statement included in any broadcast advertising (similar to a political candidates "I approve of this message" requirement), and required on billing statements.
5. A business is then required to operate under the model thay select with failure to do so resulting in fines for fraudulant operations (same as they are now for Public Accommodation law violations).
6. A business could update or append their Truth in Commerce statement on file with the business licensing bureau and updated their "signage" only on or after the date of their filing, they would be reponsible for any prior transaction (or discriminatory practices) prior to that date under whatever rules they'd established for that time period.
7. As long as a business operated in either a non-discriminatory model or in a discriminatory model they had registered, they would be free to refuse service based on those conditions without action.
On other words, a business would be free to discriminate - they would just have to inform the public ahead of time of what their plans were.