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re: Mississippi gov. signs law allowing service denial to gays

Posted on 4/5/16 at 4:11 pm to
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22215 posts
Posted on 4/5/16 at 4:11 pm to
quote:

Personally? No, but that doesn't mean the government can't regulate. McClung dealt with a lunch counter in Alabama, if I remember correctly.


The proximity to interstate and the fact that Ollie's BBQ was often patronized by travelers is what lead the court to find that the business was sufficiently related to interstate commerce such that the federal law could be applied.

You understand that this doesn't apply to all businesses, right? Not to mention that the current court would be hesitant to apply the commerce clause so loosely.
Posted by MoonrakerElite
Member since Mar 2016
518 posts
Posted on 4/5/16 at 4:15 pm to
quote:

You understand that this doesn't apply to all businesses, right? Not to mention that the current court would be hesitant to apply the commerce clause so loosely.


The opinion essentially stated hat Ollie's diner had zero effect in interstate commerce. It was the fact that allowing discrimination to happen everywhere effected interstate commerce negatively.

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