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Racial Discrimination for Entry into a Commercial Mall

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  • 03-24-2012, 01:55 PM
    msafi
    Racial Discrimination for Entry into a Commercial Mall
    My question involves civil rights in the State of: any state.

    If I own an indoor mall, is it legal for me to hire security guards to stand at the entrance of the mall and bounce any colored person from entering the mall?
  • 03-24-2012, 02:05 PM
    cdwjava
    Re: Racial Discrimination for Entry into a Commercial Mall
    So ... is this a hypothetical for a class?
  • 03-24-2012, 02:11 PM
    msafi
    Re: Racial Discrimination for Entry into a Commercial Mall
    It's a hypothetical but not for a class.
  • 03-24-2012, 02:54 PM
    LawResearcherMissy
    Re: Racial Discrimination for Entry into a Commercial Mall
    We really don't do hypotheticals here.

    But the simple answer is Yes, it's illegal.
  • 03-24-2012, 03:18 PM
    msafi
    Re: Racial Discrimination for Entry into a Commercial Mall
    Sorry for asking a hypothetical in this forum, I was just trying to better understand the U.S. law and culture.

    So, I asked if it is Legal. You said "Yes, it is illegal", so which is it?
  • 03-24-2012, 03:41 PM
    cbg
    Re: Racial Discrimination for Entry into a Commercial Mall
    It is not legal for you to block people from entering on the basis of their race. I hope that this is now perfectly clear to you. It is a violation of Federal law. This remains true no matter what "hypothetical" situation you set up.
  • 03-24-2012, 09:37 PM
    LawResearcherMissy
    Re: Racial Discrimination for Entry into a Commercial Mall
    Oh, semantics.

    ILLEGAL.
  • 03-24-2012, 09:54 PM
    Dogmatique
    Re: Racial Discrimination for Entry into a Commercial Mall
    And really - what colored people?

    White? Pink? Coffee? Chocolate? Caramel?
  • 03-25-2012, 05:03 AM
    jk
    Re: Racial Discrimination for Entry into a Commercial Mall
    Quote:

    Quoting msafi
    View Post
    My question involves civil rights in the State of: any state.

    If I own an indoor mall, is it legal for me to hire security guards to stand at the entrance of the mall and bounce any colored person from entering the mall?

    do you mean colored, like this:

    http://www.imaginationscostumes.com/...ASK865-925.jpg
  • 03-25-2012, 05:21 AM
    msafi
    Re: Racial Discrimination for Entry into a Commercial Mall
    I'm of the opinion that government shouldn't intervene on how private people run their businesses. If they want to racially discriminate, it's their property and can do with it whatever they like. I know this is an unpopular opinion these days, but I'm not here to argue or discuss it. I'm here to learn.

    I was just trying to explain the concept of private ownership to my friends, so they challenged me by asking if it were legal for private establishments in the U.S. to discriminate racially, I said, "yes, probably it's legal. It's their property, but the market and the press would probably take care of this and correct the situation" but I'm learning for the first time that there is a Federal law against this kind of thing.

    Thanks for the information.
  • 03-25-2012, 06:09 AM
    jk
    Re: Racial Discrimination for Entry into a Commercial Mall
    Quote:

    msafi;605139]I'm of the opinion that government shouldn't intervene on how private people run their businesses. If they want to racially discriminate, it's their property and can do with it whatever they like. I know this is an unpopular opinion these days, but I'm not here to argue or discuss it. I'm here to learn
    .then learn that when you open your business to the public at large there are a lot of laws that apply to you that do not apply to a private citizen controlling truly private property (not just in the ownership sense but one of use). In my home I can prevent anybody I choose from entering my home for whatever reason I want. If my home was privately owned but open to the public, I cannot discriminate based upon any of the legally defined groups the government has listed as being protected against discrimination.
  • 03-25-2012, 06:16 AM
    msafi
    Re: Racial Discrimination for Entry into a Commercial Mall
    I'm curious why some people here seem offended and are exhibiting a bit of aggression and trying to ridicule me. Am I stepping on fragile grounds?

    I've done a bit of reading on The Civil Rights Act of 1964 and according to Wikipedia "Even today, the Supreme Court has struck down parts of civil rights laws on the grounds that the Fourteenth Amendment does not give Congress the power to prohibit private sector discrimination." So, things might not be as clear cut as the answers I'm getting here. It would be best if emotions are taken out of this.
  • 03-25-2012, 06:20 AM
    cbg
    Re: Racial Discrimination for Entry into a Commercial Mall
    If you like to use Wikipedia as your source, sure.

    Why don't you ask the EEOC if you can prevent people from entering your place of business based on their race?

    I assure you, the Supreme Court has not struck down that part of the civil rights law. You want to prevent people from entering your home on that basis, fine, go ahead. No law makes it illegal to be a bigoted slimeball. But to refuse them to enter a mall or other place of business? You'll be sued so fast your head will spin, and the only question left to be answered will be how many zeros you write on the subsequent check.
  • 03-25-2012, 06:25 AM
    jk
    Re: Racial Discrimination for Entry into a Commercial Mall
    Quote:

    Quoting msafi
    View Post
    So, things might not be as clear cut as the answers I'm getting here.

    they are as clear cut as I stated. There are other situations where the rules are different but in the situation you presented, the rules are very clear cut.
  • 03-25-2012, 07:40 AM
    msafi
    Re: Racial Discrimination for Entry into a Commercial Mall
    Anybody can sue for anything. Sure I can be sued for not allowing certain racial groups into my private business, but unless there's a law or a precedent, you can't just say it's illegal. So, can you please tell me the exact law that's applicable to this case?

    Title 2 of the Civil Rights Act 'outlawed discrimination based on race, color, religion or national origin in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce; exempted private clubs without defining the term "private."' A mall is not a hotel, motel, restaurant, theater, or a public accommodation in interstate commerce. So, what other law makes you think this case is "clear cut"?
  • 03-25-2012, 08:01 AM
    jk
    Re: Racial Discrimination for Entry into a Commercial Mall
    Quote:

    msafi;605174]So, can you please tell me the exact law that's applicable to this case?
    why yes...yes I can.

    Quote:

    So, what other law makes you think this case is "clear cut"?
    the civil rights acts, in their various different creations are plenty to show your question has a clear cut answer.
  • 03-26-2012, 11:47 AM
    LawResearcherMissy
    Re: Racial Discrimination for Entry into a Commercial Mall
    Quote:

    I'm curious why some people here seem offended and are exhibiting a bit of aggression and trying to ridicule me. Am I stepping on fragile grounds?
    Good gods, honey, pull your pants up. Didn't your Mama teach you not to show your ass in public?
  • 03-26-2012, 01:35 PM
    aaron
    Re: Racial Discrimination for Entry into a Commercial Mall
    Hey, folks - stop feeding the trolls.

    He's not even from the U.S.
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