August 16, 2012

Hotel Owner Found Liable for Evicting Juice for Being too Hebrew

For the record, I am squarely in the camp that believes that private property means private. Which means I believe that business owners should be able to exclude any one they want for any reason. Let fools act foolishly and let the chips fall where they may.

I do not believe government has the right to force us to be good.

But as long as laws exist protecting people from discrimination, I guess it's a good thing that in this case it was applied equally. However, I have to wonder to what extent the court came to the conclusion that the Muslim owner was liable because that is how the law ought to be applied? Or, to what extent this seemingly fair conclusion was reached because the victim was part of a minority class?

What we have here is a case of one minority group -- a Muslim -- showing bigotry toward another minority group -- Jews. To the liberal mindset, the victim is always the group with less power -- the minority. So, to them, justice is about equalizing power.

What would have happened, I wonder, if the victim had been part of a class that held power -- a white guy who was a one-percenter?

I know the law as it currently stands forbids most types of discrimination, but this isn't a question of the law -- it's a question of how judges apply the law. And given that many judges share in the leftist perspective of justice as equalizing power differentials, I just can't help but wonder if the outcome would have been different with different plaintiffs and defendants?

Sorry, I wax philosophical. Classes start next week and I'm in the middle of preparing for a section of Constitutional Law. The more I teach it the more I realize just how dumb lawyers and judges can be.

By Rusty Shackleford, Ph.D. at 11:09 AM | Comments |