• vacuumflower@vlemmy.net
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    1 year ago

    The whole idea of arbitrarily chosen protected classes means that it’s really really a gray area. It wouldn’t be, if the difference could be formulated logically.

    The Civil Rights Act

    Has nothing to do with what I’m talking about, just like any other piece of paper voted for. I’m talking about law being logically consistent without resorting to protected classes, special categories of population etc.

    The main change recently is that certain businesses that produce original expression, such as web designers, can no longer be covered by the Civil Rights Act because the court thought this would conflict with the First Amendment.

    And this is a good thing. I mean, there would be many other similar cases before that change. It’s just that they could be ignored before.

    Now, my idea of private discrimination is not “you walk into a restaurant, sit down, then a garcon says they don’t serve your kind here”. If a business presents itself like open to public in general, it should be, and otherwise it would be creating dishonest expenses for people thinking they could rely on it while they couldn’t, and this would mean compensations of various damages, both direct and moral. But there should be an option for a business to signal clearly that they deal with only specific categories of population (with those categories unambiguously defined).

    Funnily enough, this (because if we leave a loophole of “deciding for each individual customer at the moment of making a deal”, everybody is going to use it) breaks night clubs with their face control without breaking racist shops. But seems right for me.