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(Politically correct tyranny) business denied building permit because of same sex marriage views
http://www.volokh.com/2012/07/25/no-building-permits-for-opponent-of-same-sex-marriage/ ^ | July 25, 2012 1:24 pm | Eugene Volokh

Posted on 07/25/2012 11:09:52 AM PDT by Cubs Fan

No Building Permits for Opponent of Same-Sex Marriage

The Chicago Tribune reports:

[Chicago Alderman] Proco “Joe” Moreno announced this week that he will block Chick-fil-A’s effort to build its second Chicago store … following company President Dan Cathy’s remarks last week that he was “guilty as charged” for supporting the biblical definition of marriage as between a man and woman….

The alderman has the ideological support of Mayor Rahm Emanuel.

“Chick-fil-A values are not Chicago values,” the mayor said in a statement when asked about Moreno’s decision. “They disrespect our fellow neighbors and residents. This would be a bad investment, since it would be empty.”

Moreno is relying on a rarely violated Chicago tradition known as aldermanic privilege, which dictates that City Council members defer to the opinion of the ward alderman on local issues. Last year Moreno wielded that weapon to block plans for a Wal-Mart in his ward, saying he had issues with the property owner and that Wal-Mart was not “a perfect fit for the area.” …

The alderman, serving his first full term, dismissed any First Amendment concerns.

“You have the right to say what you want to say, but zoning is not a right,” he said, adding that he also had concerns about traffic in the area….

In Boston, Mayor Thomas Menino reportedly took a similar view:

Mayor Thomas M. Menino is vowing to block Chick-fil-A from bringing its Southern-fried fast-food empire to Boston … after the family-owned firm’s president suggested gay marriage is “inviting God’s judgment on our nation.”

But denying a private business permits because of such speech by its owner is a blatant First Amendment violation. Even when it comes to government contracting — where the government is choosing how to spend government money — the government generally may not discriminate based on the contractor’s speech, see Board of County Commissioners v. Umbehr (1996). It is even clearer that the government may not make decisions about how people will be allowed to use their own property based on the speaker’s past speech.

And this is so even if there is no statutory right to a particular kind of building permit (and I don’t know what the rule is under Illinois law). Even if the government may deny permits to people based on various reasons, it may not deny permits to people based on their exercise of his First Amendment rights. It doesn’t matter if the applicant expresses speech that doesn’t share the government officials’ values, or even the values of the majority of local citizens. It doesn’t matter if the applicant’s speech is seen as “disrespect[ful]” of certain groups. The First Amendment generally protects people’s rights to express such views without worrying that the government will deny them business permits as a result. That’s basic First Amendment law — but Alderman Moreno, Mayor Menino, and, apparently, Mayor Emanuel (if his statement is quoted in context), seem to either not know or not care about the law.

Of course, if Chick-Fil-A actually discriminated in their serving or hiring decisions in Chicago in a way forbidden by Chicago or Illinois law, they could be punished for this violation, and possibly even denied future permits based on such illegal behavior. But the stories give no evidence of any such actions, and suggest that the city officials’ statements are based on the Chick-Fil-A president’s speech, not any illegal conduct on the company’s part. Finally, note that the government may generally insist that, when it hires people to communicate a government message, those people use that government money only for the government-selected speech (see Rust v. Sullivan (1991)); but that power of the government to control its own speech is far removed from the government’s attempt in this case to retaliate against businesses for their owners’ speech. Thanks to commenter CalderonX for the pointer.

UPDATE: Just to make clear, I think the government has even less power to control the speech of those it regulates than its (already heavily limited) power to control the speech of those to whom it awards government contracts. The Court, for instance, has repeatedly protected the rights of even heavily regulated businesses to speak; that the government may regulate the business in various ways, or even bar it from being in business, doesn’t mean that the government may restrict the speech of the business. See, e.g., Consolidated Edison Co. v. Public Service Commission (1980) (holding that even status as a heavily regulated monopoly doesn’t strip the speaker of First Amendment rights). And just as the government may not restrict speech by businesses that are already operating, so it can’t deny a business a license to operate based on its owner’s speech.


TOPICS: Current Events; Moral Issues; Religion & Culture; Religion & Politics
KEYWORDS: boston; chicago; chikfila; freedomofspeech; gaymafia; gaystapo; homosexualagenda; liberalfascism; menino; sourcetitlenoturl
the modern left- thought police using government to force its values on everyone. Sickening.
1 posted on 07/25/2012 11:10:00 AM PDT by Cubs Fan
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To: Cubs Fan

It also is a clear violation of the 14th. In this case there is no just cause to deny the permit. So CFA’s rights are being violated.


2 posted on 07/25/2012 11:15:23 AM PDT by Adder (Da bro has GOT to go!)
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To: Cubs Fan
“Chick-fil-A values are not Chicago values,”

The mayor is absolutely correct. In fact, the majority of Americans hold values which are not "Chicago values".
3 posted on 07/25/2012 11:15:36 AM PDT by kevcol
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To: Cubs Fan

The whole gay thing will cause Chick-Fil-A sales to skyrocket as the backlash from normal folks kicks in.

If it was a publicly traded company, I’d be buying stock bigtime.

I hope their employees have some type of profit sharing.


4 posted on 07/25/2012 11:21:39 AM PDT by nascarnation
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To: Cubs Fan

Just returned from a 30 mile drive to buy Chik sandwich for lunch and Chik strips for supper. Cars were lined up out to the street and the parking lot was full as folks exercised their 1st Amendment right to show support for a good company that refuses to bow to politically correct nonsense.


5 posted on 07/25/2012 11:25:10 AM PDT by catpuppy
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To: Cubs Fan
“Chick-fil-A values are not Chicago values,”

In all of the history of oratory, no greater compliment has ever been paid.

6 posted on 07/25/2012 11:26:15 AM PDT by Lonesome in Massachussets (The Democratic Party strongly supports full civil rights for necro-Americans!)
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To: Cubs Fan

“aldermanic privilege, which dictates that City Council members defer to the opinion of the ward alderman on local issues.”

Banana freakin republic,,


7 posted on 07/25/2012 11:31:25 AM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: Adder

He made an amazing blunder. He’s speaking to the court of public opinion, giving all the evidence needed to nail him where it will be decided, in a court of law.


8 posted on 07/25/2012 11:33:15 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Cubs Fan

The devout 91-year-old billionaire behind Chick-fil-A


9 posted on 07/25/2012 11:35:04 AM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: nascarnation

I have not done fast food since 1997 with the exception of the VERY rare meal at Subway, always on road trips.

This thread reminded me to call my wife (works two blocks from a chick fil a) to bring home dinner from their tonight.

And we’ll do it on August 1st as well.

It’s better than voting.


10 posted on 07/25/2012 11:39:39 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Cubs Fan
“Chick-fil-A values are not Chicago values,”

Well, the apocalypse surely must be coming...this is the first time I have ever agreed with Rahm.

11 posted on 07/25/2012 11:43:35 AM PDT by iceskater (The clock is ticking....November's coming.)
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To: catpuppy

May I ask which state?


12 posted on 07/25/2012 11:48:09 AM PDT by july4thfreedomfoundation (If Guns Kill People then Cars Drive Drunk)
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To: Cubs Fan
Government thuggery in it's finest example. The so called leaders are
treating their city as a private business and are making decisions not
based on any law but based on opinions and personal vendettas
reminiscent of a wildly run Corporation or individually run company.

Any sane leadership would fight to have more business in their community
as an example of American enterprise and growth and to build their reputation
as business friendly. I still can't imagine a Government in America turning back
business for any reason other than criminal activity.

So now Government regulates business over a perversion of sexual intercourse
that involves anal penetration? Most rapists prefer the anal approach also.

13 posted on 07/25/2012 12:03:18 PM PDT by MaxMax
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To: Lonesome in Massachussets

Maybe Chicago wouldn’t have so many killings if it had adopted Chick-fil-A values. Just sayin’ (as a Chicagoan).


14 posted on 07/25/2012 12:11:04 PM PDT by 12Gauge687
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To: MaxMax

Perspective - they put our Master on a cross...

being denied a building permit seems a bit trivial by comparison.


15 posted on 07/25/2012 12:14:08 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: Cubs Fan

OK, since we are going the Chicago Way, what are Moreno’s business and financial interests? How can we send him a message that he will bear a personal cost for what he has done?


16 posted on 07/25/2012 12:14:19 PM PDT by Truth29
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To: Cubs Fan

everyone that does not believe in “chicago values” ought to pull their businesses out of this rat-hole and move them to another city or even state.

let the rats enjoy the sewer all by themselves. let’m tax all the freeloaders and see how that works.

blessings, Bobo


17 posted on 07/25/2012 2:12:13 PM PDT by bobo1
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To: Lonesome in Massachussets

“....In all of the history of oratory, no greater compliment has ever been paid.....”

Wow! Ain’t that the truth.
Lonesome, I’m gonna “borrow” this post for use on another site. IF any accolades or financial compensation comes of it, I’ll direct it all to you.


18 posted on 07/25/2012 3:11:03 PM PDT by lgjhn23
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To: Cubs Fan

I can’t really afford to eat out, but tonight I revved up the Harley and went to Chick-Fil-A. For a mere $8.00, I had a very fresh and tasty Southwestern Salad with spicy chicken strips on top. There was a big line after I ordered. Word is getting out! :-)

(Coral Springs, FL)


19 posted on 07/25/2012 4:03:47 PM PDT by left that other site
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To: left that other site

Sunrise, Florida

6 of us had CFA for lunch today. The place was MOBBED. The drive-thru line went around the bldg. The employees are so incredibly friendly and smile so much.

We got a huge chicken nugget plate, lots of fries, a couple wraps and a gallon of tea. AWESOME LUNCH!!!!! Just made me so happy to see that place so mobbed.


20 posted on 07/25/2012 4:56:38 PM PDT by bicyclerepair ( REPLACE D-W-S ! http://www.karenforcongress.com)
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To: bicyclerepair

Agreed...the employees are amazing! I felt like I had been transported miraculously back 50 years.

And I really NEEDED that...I just finished reading “Atlas Shrugged” for the first time, and the Dystopia in that book has pretty much come to pass in today’s world.

Chick-Fil-A gave me hope for America.


21 posted on 07/25/2012 7:50:33 PM PDT by left that other site
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To: left that other site

I’m finishing Atlas Shrugged myself. I agree with you - it is a chilling portrait of life in the US now.


22 posted on 07/25/2012 8:07:19 PM PDT by iceskater (The clock is ticking....November's coming.)
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To: Cubs Fan; BillyBoy; Impy; Clintonfatigued; Clemenza; AuH2ORepublican; GOPsterinMA

I hate Illinois Nazis. It’s time to take down the American Gaystapo !


23 posted on 07/26/2012 12:48:20 AM PDT by fieldmarshaldj (If you like lying Socialist dirtbags, you'll love Slick Willard)
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To: iceskater

I SO identified with Dagny’s FRUSTRATION!

From her very first encounter with the train employees.

I recommend the movie, which, of course, does not go into any depth (one would need a year-long mini series to do THAT!), but it captures the look of decay and apathy very well, and tells the story faithfully.


24 posted on 07/26/2012 4:57:59 AM PDT by left that other site
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To: left that other site

I saw part 1 of the movie last year. I’m looking forward to seeing part 2. Rumor has it part 2 will be out in October.


25 posted on 07/26/2012 6:06:46 AM PDT by iceskater (The clock is ticking....November's coming.)
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To: iceskater

The only actor I recognized was Armin Shimmerman (Quark! LOL!) who played Dr. Ferris. All the others were excellent, but unfamiliar to me. Casting Eddie Willers as an African-American was an interesting touch, now that I know how the story ends.

Very...Very Interesting.


26 posted on 07/26/2012 6:39:00 AM PDT by left that other site
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To: iceskater

And didn’t you just LOVE the aerial shots of the Test-Run through the Rockies. Beautiful Cinematography!


27 posted on 07/26/2012 6:41:28 AM PDT by left that other site
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To: Cubs Fan

Gee. I wonder what would happen if a ‘Pubbie administration did this sort of thing to gays, Moslems, or Communists?

Can you say “The DoJ would sue hell out of you?” I knew you could...


28 posted on 07/26/2012 6:42:50 AM PDT by Little Ray (AGAINST Obama in the General.)
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