View Poll Results: Sue or not?

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Thread: Suing for use of product at unapproved event?

  1. #11
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    Re: Suing for use of product at unapproved event?

    Quote Originally Posted by Sherman123 View Post
    Why would you want to do this?
    Because I believe in peoples right to association, right to free speech etc etc. All of which are seemingly being dismantled, or people are attempting to dismantle them, for owners of private businesses more and more.

    I know I know, a lot of people don't see my reasoning or simply don't like it. But that's the great thing about Rights. They're not meant to protect the majority. They're meant to protect the minority. Or more specifically, the individual.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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  2. #12
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    Re: Suing for use of product at unapproved event?

    Quote Originally Posted by Sherman123 View Post
    Why would you want to do this?
    Maybe he has a fear of success?

  3. #13
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    Re: Suing for use of product at unapproved event?

    Quote Originally Posted by BrewerBob View Post
    Maybe he has a fear of success?
    Hardly. Perhaps you should take a thorough look at my post history to see what my stance is on various things before making any assumptions OK?
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

  4. #14
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    Re: Suing for use of product at unapproved event?

    Quote Originally Posted by Kal'Stang View Post
    Hardly. Perhaps you should take a thorough look at my post history to see what my stance is on various things before making any assumptions OK?
    Uh, I thought we were talking about a hypothetical business owner. I didn't know the subject of the OP was actually you.

  5. #15
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    Re: Suing for use of product at unapproved event?

    Quote Originally Posted by BrewerBob View Post
    Uh, I thought we were talking about a hypothetical business owner. I didn't know the subject of the OP was actually you.
    Gee, I thought the same thing. Until you responded to a post that was asking me a direct question about myself with an assumption.

    Your presentation of an innocent face might be more believable if there were not horns holding up that halo.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

  6. #16
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    Re: Suing for use of product at unapproved event?

    Quote Originally Posted by Kal'Stang View Post
    Because I believe in peoples right to association, right to free speech etc etc. All of which are seemingly being dismantled, or people are attempting to dismantle them, for owners of private businesses more and more.
    Public accommodation laws date back hundreds of years, and the basis of modern anti-discrimination laws was passed in the late 1960s. These types of laws have been in effect for nearly 50 years now. There's nothing new here.

    E.g. it's well established that if you want to exercise your right to association in a discriminatory fashion, you need to do it in the context of a private club. Doing so in a public accommodation hasn't been legal for almost 50 years.

    The only thing that's new is that some states are extending anti-discrimination protections to homosexuals. It's mildly amusing to watch how thoroughly the opposition to homosexuality has collapsed in the past ~15 years, to the point where conservatives have to fight rear-guard actions over relatively trivial items like baking a cake for a wedding.

    I.e. there isn't some grand tide of new legislation which revokes rights to association or free speech. There's a moderate change in social attitudes, which resulted in an incremental change in laws.

  7. #17
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    Re: Suing for use of product at unapproved event?

    Quote Originally Posted by roguenuke View Post
    Okay, so arguing antidiscrimination laws made me think of this.

    If a business that unknowingly provides a product or service to someone they would otherwise deny that product or service to had they known about the purchaser's intended use, but they find out about it later, should they be able to sue the customer for use of their product at an event they would not have endorsed had they known?

    Examples (assumption is that each seller would have denied service had they known more about the future use of the item):

    KKK member purchases cake for KKK rally. Doesn't inform the baker (it isn't like they are all identifiable as KKK members and nothing was written on cake).
    KKK member purchases wood and/or gasoline or other supplies from hardware store. Definitely wouldn't say what it was used for.
    Gay gay orders cake for anniversary, at least one name is androgynous. Posts pictures after on face book celebrating event or baker finds out from someone else the guy is gay and married.
    Gay guy has sister order cake for his wedding, pretending to be the one getting married.
    Interracial couple order cake for their wedding via a parent, claiming the couple is going to be out of town til the wedding/live somewhere else, and that she is making all the arrangements because they suspect (and with this as part of my questioning, quite rightly) that the bakery is run by someone who disapproves morally of interracial marriage.
    Interracial couple really does live out of town and is having a parent take care of the arrangements and they simply didn't feel it was an important detail.

    So, should the provider of the goods or services listed above be able to sue based on defamation of their product or something to that affect, for someone using their product at an event they would not approve of had they known? Does type of deceit matter? Maybe whether they are protected explicitly or not by a law or doctrine of the state? What if there was no actual intended deceit, they simply didn't share information?
    No. Because once I buy your product it is mine.

    Same as you the manufacturer would (should) have no liability should someone purchase your product then use it in any way other than its intended use for illegal and harmful activity, i.e.: purchasing anti-freeze, which is made for your car, then using to kill your spouse.
    Oy vey!

  8. #18
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    Re: Suing for use of product at unapproved event?

    Quote Originally Posted by Kal'Stang View Post
    Gee, I thought the same thing. Until you responded to a post that was asking me a direct question about myself with an assumption.

    Your presentation of an innocent face might be more believable if there were not horns holding up that halo.
    I guess I didn't follow the flow of quotes closely enough. I wasn't referring to you specifically. I apologize.

  9. #19
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    Re: Suing for use of product at unapproved event?

    Quote Originally Posted by Visbek View Post
    Public accommodation laws date back hundreds of years, and the basis of modern anti-discrimination laws was passed in the late 1960s. These types of laws have been in effect for nearly 50 years now. There's nothing new here.

    E.g. it's well established that if you want to exercise your right to association in a discriminatory fashion, you need to do it in the context of a private club. Doing so in a public accommodation hasn't been legal for almost 50 years.

    The only thing that's new is that some states are extending anti-discrimination protections to homosexuals. It's mildly amusing to watch how thoroughly the opposition to homosexuality has collapsed in the past ~15 years, to the point where conservatives have to fight rear-guard actions over relatively trivial items like baking a cake for a wedding.

    I.e. there isn't some grand tide of new legislation which revokes rights to association or free speech. There's a moderate change in social attitudes, which resulted in an incremental change in laws.
    Bold: I'd like to see this history please.

    As for the rest, lots of things have been legal or illegal for 50+ years in the US and has/had SCOTUS backing. Doesn't mean that those cases/laws are in the right. So making an appeal to authority isn't a valid excuse.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

  10. #20
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    Re: Suing for use of product at unapproved event?

    Quote Originally Posted by BrewerBob View Post
    I guess I didn't follow the flow of quotes closely enough. I wasn't referring to you specifically. I apologize.
    Thank you.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

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