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Thread: Coeur d'Alene Says Hitching Post Is Exempt From Gay Rights Law

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    Re: Coeur d'Alene Says Hitching Post Is Exempt From Gay Rights Law

    Quote Originally Posted by shrubnose View Post
    Down with all brownshirts, leftists,rightists and middle-of-the-roadists.
    What's wrong with UPS workers?

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    Re: Coeur d'Alene Says Hitching Post Is Exempt From Gay Rights Law

    Quote Originally Posted by matchlight View Post
    All right, assume the city did not threaten the Knapps. I don't care if they did or not, nor am I interested in the sequence of events. I asked you to explain why some open threat by the city was needed before the Knapps could file a suit challenging the ordinance. You still have not done that. Tell me what you know that the constitutional lawyers in the public law firm that is working with the Knapps did not know. Why are they such fools as to have filed a federal suit no court could recognize?

    Well, I know that the city didn't need to "threaten" (open or not) anything for the ADF to be able to file a law suit. Anyone and their brother can file a lawsuit. Now whether that lawsuit has any merit and will continue past the filing is a whole different kettle of fish.


    Whether the court will "recognize" it or not is unknown at this time. All we know is that the ADF lawyers filed the suit, the city wrote them a letter on the 20th or 23th (IIRC) noting that there was no basis in the suit as The Hitching Post would not subject to the law.

    Whether the ADF will withdraw the suit and if not what the cities response will be is unknown. Once those two conditions are met, then it will be up to a Judge. It can be expected that the city will ask for a summary dismissal since the law (in the cities view) doesn't apply to The Hitching Post since they are now a religious organization. If that logic holds then the law doesn't apply to them and the Judge dismisses the case for lack of standing. (The law has to apply to you and you have to show the potential for indivdiual injury to have standing.)


    >>>>

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    Re: Coeur d'Alene Says Hitching Post Is Exempt From Gay Rights Law

    Quote Originally Posted by WorldWatcher View Post
    Well, I know that the city didn't need to "threaten" (open or not) anything for the ADF to be able to file a law suit. Anyone and their brother can file a lawsuit. Now whether that lawsuit has any merit and will continue past the filing is a whole different kettle of fish.


    Whether the court will "recognize" it or not is unknown at this time. All we know is that the ADF lawyers filed the suit, the city wrote them a letter on the 20th or 23th (IIRC) noting that there was no basis in the suit as The Hitching Post would not subject to the law.

    Whether the ADF will withdraw the suit and if not what the cities response will be is unknown. Once those two conditions are met, then it will be up to a Judge. It can be expected that the city will ask for a summary dismissal since the law (in the cities view) doesn't apply to The Hitching Post since they are now a religious organization. If that logic holds then the law doesn't apply to them and the Judge dismisses the case for lack of standing. (The law has to apply to you and you have to show the potential for indivdiual injury to have standing.)


    >>>>

    I don't care if the Knapps or the ADF lawyers press the suit. Even if nothing comes of it, at some point the city will try to enforce this ordinance against someone who will challenge its constitutionality. There are plenty of groups like the ADF that would be happy to do just that, and the fact the ACLU made clear it doesn't want to defend the ordinance is telling. I agree with Professor Volokh of UCLA Law School that the foundation for it is pretty shaky. I've already explained in detail in earlier posts the reasons why this and similar laws are constitutionally objectionable. I'll just touch on them here.

    In general, these state public accommodation laws that make sexual orientation a prohibited basis for discrimination raise serious First Amendment issues, both of freedom of expressive association and of freedom of speech. They also may violate the general freedom of personal privacy the Court has found the Constitution to imply. And as applied to some public accommodations, they may violate Religious Freedom Restoration in states that have them, as Idaho does. Boy Scouts of America v. Dale, in particular, tends to support freedom of association challenges to state public accommodation laws like these.
    Last edited by matchlight; 11-01-14 at 10:42 PM.

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    Re: Coeur d'Alene Says Hitching Post Is Exempt From Gay Rights Law

    Quote Originally Posted by matchlight View Post
    the fact the ACLU made clear it doesn't want to defend the ordinance is telling.
    That is not a fact. It is a lie
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

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    Re: Coeur d'Alene Says Hitching Post Is Exempt From Gay Rights Law

    Quote Originally Posted by Hard Truth View Post
    What's wrong with UPS workers?


    I don't have a problem with UPS workers (Except for those who throw expensive packages over fences.).

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    Re: Coeur d'Alene Says Hitching Post Is Exempt From Gay Rights Law

    Quote Originally Posted by matchlight View Post
    Can you explain why it was necessary for the city to have threatened them for them to challenge the ordinance in court?
    I am just confronting the lie that the city threatened them. They can confront whatever ordinance they want in court.

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    Re: Coeur d'Alene Says Hitching Post Is Exempt From Gay Rights Law

    Quote Originally Posted by matchlight View Post
    To hell with Google. If you've got something to say to me, then say it.
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