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-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene
Sent: Monday, July 03, 2006 12:52 PM
To: Law & Religion issues for La
mp; Religion issues for Law Academics; Volokh, Eugene
Cc: Law & Religion issues for Law Academics
Subject: RE: "Christian" Skating Time
This isn't an area of my speciality, but it seems to me that, simply as
a matter
of positive law, the relevant decided cases -- that is, the decid
black racist), anti-gay music,
> > anti-fundamentalist-Christian music, anti-Catholic music,
> or whatever
> > else should be entirely constitutionally protected, at least under
> > current Supreme Court precedents?
> >
> > > -Original Message-----
> >
006 11:37 AM
> > To: Law & Religion issues for Law Academics; Scarberry, Mark
> > Cc: Law & Religion issues for Law Academics
> > Subject: RE: "Christian" Skating Time
> >
> > Let me express my doubts about this assertion -- "No one
> > would
e-
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] On Behalf Of Mark Tushnet
> Sent: Monday, July 03, 2006 11:37 AM
> To: Law & Religion issues for Law Academics; Scarberry, Mark
> Cc: Law & Religion issues for Law Academics
> Subject: RE: "Christian"
Well, the bookstore would be a public accommodation at least under
some state's laws.
But there is a difference between a themed-bookstore being open to
everyone and a general skating rink being closed to some on a
prohibited basis.
Since the rink is open to everyone during the Christian-th
Monday, July 03, 2006 6:02 PM
To: Law & Religion issues for Law Academics
Subject: RE: Re: "Christian" Skating Time
Would a special "Christmas Skate" or an "Easter Skate" sponsored by the
skating rink be permissible under the NY Human Rights Law (or similar
laws), i
Would a special "Christmas Skate" or an "Easter Skate" sponsored by the
skating rink be permissible under the NY Human Rights Law (or similar
laws), if the interpretation of the statute by the NY Div. of Human
Rights in the Skate Time 209 situation is correct?
Could the skating rink be named "Ho
Wouldn't it be ok to have a Christian-themed music period, rather than
a "Christian Skating Time". A fine line to be sure, but surely one
that would be a lawful regulation of a place of public accommodation.
Also, could the skating rink set aside certain times for certain
groups that otherwise m
Presumably, Mark, a "global warming night" is not a message that people
of a certain religion or ethnic group are unwelcome. As far as I know,
global warming will harm (or not harm) Jews, Christians, Moslems,
Satanists, Hindus, etc. without regard to their belief.
Paul
Scarberry, Mark wrote:
OTECTED]>
To: "Law & Religion issues for Law Academics" ;
"Scarberry, Mark" <[EMAIL PROTECTED]>
Cc: "Law & Religion issues for Law Academics"
Sent: Monday, July 03, 2006 1:37 PM
Subject: RE: "Christian" Skating Time
Let me express my doubts
hey're allegingis the violation. Thanks,Eugene> -Original Message-> From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf Of > Scarberry, Mark> Sent: Monday, July 03, 2006 10:45 AM> To: Law & Religion issues for Law Academics> Subject: RE: "Christian&qu
Let me express my doubts about this assertion -- "No one would doubt that a
Christian music concert could be held (and advertised)" -- where the presenter
is a for-profit business. (A genuine question: How do for-profit concert
promoters advertise concerts by Christian rock groups?)
--
Mark Tush
alf Of
> Scarberry, Mark
> Sent: Monday, July 03, 2006 10:45 AM
> To: Law & Religion issues for Law Academics
> Subject: RE: "Christian" Skating Time
>
>
> The music is a substantial part of the skating experience. No
> one would doubt that a Christian
The music is a substantial part of the skating experience. No one would
doubt that a Christian music concert could be held (and advertised).
Does the combination of a physical activity (skating) with the playing
of music deprive the business owner of the free speech rights that a
concert promoter w
23 AM
> To: Law & Religion issues for Law Academics; David Cruz
> Cc: Law & Religion issues for Law Academics
> Subject: Re: "Christian" Skating Time
>
>
> This is a puzzlement about the whole thread, not David's
> posting. How -- legally -- is the ska
This is a puzzlement about the whole thread, not David's posting. How --
legally -- is the skating rink's position different from one that featured a
"Celebrate Being White" night (or, to give a precise parallel in advertising, a
"White Night at the Rink"), advertising that there'd be music from i
On Mon, 3 Jul 2006, Paul Finkelman wrote:
> [snip]
> The other difference, of course, is that one IS religious and the other
> is not. It was not "Catholic night" at the ball park and I bet there
> were few priests bringing their sunday school class in for "Polish
> Catholic" night.
If Paul's p
rom: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] On Behalf Of Paul
> Finkelman
> Sent: Monday, July 03, 2006 9:10 AM
> To: Law & Religion issues for Law Academics
> Subject: Re: "Christian" Skating Time
>
>
> Bookstore would not be a "public accomm
I think that Alan is exactly right -- what "Christian" means in this context is likely a reference to the music that is going to be played. This is a common advertising theme in Texas, which has little to do with religion and more to do with community standards. No one is excluded from coming, bu
I don't think that's right, under New York law. McKinney's Civil
Rights Law § 40A states that "place of public accommodation, resort or
amusement ... shall be deemed to include ... retail stores and establishments,"
among a very long list of other places. And the same would likely be t
I'm not sure about this for several reasons. First, at least as of 20
years ago, a good deal of the music played in the typical Israel dance
was religious. Dodi Li is both a dance and a Hebrew prayer. Second, I
think it is going to be very hard to draw a very sharp line between
Israel national
Mark: An Israeli folk dance is the folk dance of a national culture.
It is not a religious dance. That is the whole point!
Mark Graber wrote:
May I suggest that this thread might benefit from Gary Jacobsohn's
wonderful analysis of Hindutva in his THE WHEEL OF THE LAW: INDIA'S
SECULARISM IN
Bookstore would not be a "public accommodation" the way a skating rink
might be; in addition, isn't there a context issue here; might be
factual matter for a judge or jury to determine. But, living surrounded
by many people who in fact use "Christian" to exclude others and who are
openly host
May I suggest that this thread might benefit from Gary Jacobsohn's
wonderful analysis of Hindutva in his THE WHEEL OF THE LAW: INDIA'S
SECULARISM IN COMPARATIVE CONSTITUTIONAL CONTEXT. As Professor
Jacobsohn notes, Hindutva can be understood both as a culture and a
religion, there not being a very
Quoting Paul Finkelman <[EMAIL PROTECTED]>:
Isn't there a difference between holding an "ethnic theme" -- food,
music, etc.at the ball park -- and having an event that implies
people of only one religion are welcome? Hard to imagine what the
food and music would be of a Christian Theme night
Isn't there a difference between holding an "ethnic theme" -- food,
music, etc.at the ball park -- and having an event that implies people
of only one religion are welcome? Hard to imagine what the food and
music would be of a Christian Theme night at the ball park or the
skating rink? It do
>From what I have read, it seems that this guy is just going to play music by
"Christian" bands and singers at certain times.
It would be like Veeck having nights were he played Polkas or Italian operas
as a background to the game.
I do not see the problem AND the language should be better than r
Had the NY Human Rights Division been in charge in Chicago during the
1970s, would it have meant that Bill Veeck's Comiskey Park (see
http://whitesoxinteractive.com/History&Glory/FalstaffHarry.htm)
couldn't have hosted "Polish Night," "Italian Night," etc., for fear
that persons of other nation
That looks like the case. A further internet search revealed the following story. The TVC letter to Governor Pataki is interesting: Skate Rink Warned Against Christian Skate TimeJune 22, 2006 A skating rink in Accord, New York has been warned by the State of New Yorks Division of Human R
On Mon, 3 Jul 2006, Douglas Laycock wrote:
> Does New York maybe prohibit religious discrimination in places of
> public accommodation?
>
> Douglas Laycock
> Alice McKean Young Regents Chair in Law
> The University of Texas at Austin
And aren't public accommodations perhaps so designated based
Does New York maybe prohibit
religious discrimination in places of public accommodation?
Douglas Laycock
Alice McKean Young Regents Chair in
Law
The University of Texas at Austin
Mailing Address:
Prof. Douglas Laycock
University of Michigan Law School
625 S. State St.
Ann Arbor, MI 4810
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