Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

politicat

(9,808 posts)
79. Actually, per EEOC, retail is also a public accomodation. And the KY Civil Rights Act.
Fri Jan 27, 2017, 04:08 AM
Jan 2017
https://www.eeoc.gov/facts/adaqa2.html

Q. What are public accommodations?
A. A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations.


This is specifically ADA related, but retail has generally been ruled a public accomodation in the case law for both civil rights and ADA.

Then there's the Kentucky Civil Rights Act, which defines store as a public accomodation, too.
http://kchr.ky.gov/reports/Documents/Brochure/Public%20Accommodations%20Brochure.pdf
The Kentucky Civil Rights Act states that a public accomodation, resort or amusement includes any place such as a store, restaurant, hotel, motel, professional or other office, or other establishment, either licensed or unlicensed, which supplies goods or services to the general public.

This is specific to civil rights.

There are four states whose public accomodation statute is vague enough that retail may not be included; Kentucky is not one of those four. (Nebraska, Wyoming, Missouri and Virginia.) Everywhere else includes retail.

She's not a wholesaler; she's retail. She's not a private knitting club that supports itself on yarn sales; she's open to the public. She's not a religious institution. Yarns, hooks and needles are not controlled substances.

So the question becomes -- is she discriminating against a protected class? Maybe. She's not refusing all women, just a substantial portion. (How would she handle men who knit/crochet coming into her store for pink yarn? That would be the defining factor.) From her perspective, she may be discriminating on the basis of religion, in that she's attempting to exclude those who do not conform to her social-cultural-religious behaviors and trying to create an environment that privileges one group over another. And she definitely falls under the arbitrary language, which was inserted specifically so that undefined characteristics could not be applied as a means of discriminating while asserting plausible deniability. There were incidents in the 70s of women being refused service for wearing pants; those were considered violations of the gender clause. (Sorry, I don't have a citation; I do know my grandmother was one of the complainants, and it was state level, though not Kentucky.)

She actually has a remedy that doesn't involve forbidding anyone from her premises -- stop carrying pink yarn or remove it from the shelves. Don't take special orders. If she sponsors open knitting or stitch and bitch, discontinue them. (Which are equally as likely to hurt her business, but those are the legal remedies that don't rise to the level of flashing her ass.) Instead, she took the passive-aggressive route, and is Streisand Effecting herself. Can't say I have much sympathy. At least she made it easy to identify a bigot.
So grabbing pussy is ok, but knitting a pussy cap is vile BeyondGeography Jan 2017 #1
I Know, Right? Leith Jan 2017 #10
Won't stay in business long with dumb pronouncements like that. brush Jan 2017 #30
Huh? machoneman Jan 2017 #46
Exactly! brush Jan 2017 #47
"She'll be out of business......" MyOwnPeace Jan 2017 #56
There are places that refuse to have customers who voted for trump yeoman6987 Jan 2017 #55
If I was running a business I wouldn't want to have to make a decision like that. brush Jan 2017 #57
I think this and the cake refusal are the dumbest yeoman6987 Jan 2017 #60
Name them please or you made it up,yeoman6987. Kingofalldems Jan 2017 #64
Good Conservative Christian women would never do anything so...independent. Crash2Parties Jan 2017 #29
Maybe the klanswomen will knit some nooses or MAGA kkk hoods! dionysus Jan 2017 #2
I don't have a problem with it bekkilyn Jan 2017 #3
I think making sure no one buys any yarn or for that matter, anything from her store tavalon Jan 2017 #15
I agree with that too bekkilyn Jan 2017 #16
Yes, exactly tavalon Jan 2017 #17
This logosoco Jan 2017 #65
Absolutely!! And since she made it a public statement adigal Jan 2017 #24
You can't refuse to serve anyone AJT Jan 2017 #32
What are you basing this on. djg21 Jan 2017 #51
I was thinking that it would be considered AJT Jan 2017 #58
A restaurant is a place of public accommodation. djg21 Jan 2017 #61
Actually, per EEOC, retail is also a public accomodation. And the KY Civil Rights Act. politicat Jan 2017 #79
Pretty sure I'd be OK spending my money anyplace OTHER than there. davsand Jan 2017 #75
Boy, shes really showing them elmac Jan 2017 #4
And If This Doesn't Work RobinA Jan 2017 #20
Boycott them Sanity Claws Jan 2017 #5
Amen why financially support those who hate us benfranklin1776 Jan 2017 #44
Another publicity hound. Just like the others. Stupid. 7962 Jan 2017 #6
Women often lash out at other women for stepping out of line Ellen Forradalom Jan 2017 #7
She must own the building her shop is in. How can a yarn shop afford to lose customers? KittyWampus Jan 2017 #8
Yes. Wondering the same thing. nt marybourg Jan 2017 #13
perhaps she thinks she'll get a whole bunch of deplorables of new customers pstokely Jan 2017 #35
Oh, the right-eous will launch a goFundMe for her... SticksnStones Jan 2017 #39
Yup, I'm sure that's next nt riderinthestorm Jan 2017 #40
Shop is in a strip mall iirc. Lars39 Jan 2017 #41
They will need to change the instructions TexasTowelie Jan 2017 #9
Not in TN, but if I was I'd be letting her know I'm happy to take my business elsewhere Thekaspervote Jan 2017 #11
Nice way to destroy your own business. milestogo Jan 2017 #12
Some people need to learn to STFU kimbutgar Jan 2017 #22
If this shop wasn't in deeply Red territory... mwooldri Jan 2017 #14
And another one falls for the Streisand Effect. politicat Jan 2017 #18
Oh I do declare those Yankee women are "despicable''. YOHABLO Jan 2017 #19
She says she's "pro-rights, but..." Demit Jan 2017 #21
Oh, man, she certainly poked a hornet's nest adigal Jan 2017 #23
Can anyone creative photoshoppers come up with a knit white hood for Trump's head?? adigal Jan 2017 #25
Franklin,TN videohead5 Jan 2017 #26
A knitting shop refuses customers ? hells Jan 2017 #27
This message was self-deleted by its author turbinetree Jan 2017 #28
"We've lost our sense of social decency." Girard442 Jan 2017 #31
Another dumb idiot for dumbf. democratisphere Jan 2017 #33
LOLOL Skittles Jan 2017 #34
hang your trumplethinskin sign very high, Joy of Knitting UpInArms Jan 2017 #36
She's getting savaged over at Ravelry Warpy Jan 2017 #37
Really..where?? ivysphotomom Jan 2017 #66
I believe you have to open an Imagur or Photobucket account - upload there, then you can post bettyellen Jan 2017 #67
Hi, you need to have the photos on another site, like Photobucket or something uppityperson Jan 2017 #70
Posting photos has to be done through a hosting service Warpy Jan 2017 #74
It seems to me like someone madaboutharry Jan 2017 #38
Come on. Be real. jmowreader Jan 2017 #59
This is amusing. If Trump owned the shop he'd double the stock, double the price and cash in. Vinca Jan 2017 #42
Some group should offer to buy her entire stock at a ridiculous markup... Jokerman Jan 2017 #43
Be glad to. sinkingfeeling Jan 2017 #45
Do they sell white yarn to knit sheets and hoods? IronLionZion Jan 2017 #48
That was Gretchen Whitmer in Michigan..... llmart Jan 2017 #49
Gretchen Whitmer is A True Gem! annarbor Jan 2017 #78
Another one for the alt reality. dreamland Jan 2017 #50
Talk about cutting off your nose to spite your face cyclonefence Jan 2017 #52
Her Facebook page is a thing of beauty and a joy forever jmowreader Jan 2017 #53
I'm the person who told her to enjoy bankruptcy liberaltrucker Jan 2017 #71
Her business has links to outside USA sites for the world knitting community. I hope she enjoys chelsea0011 Jan 2017 #54
But half the women marching voted for Trump! Retrograde Jan 2017 #62
What is this getting so much attention? Why even in breaking News? Justice Jan 2017 #63
Right there with you, this is like talking about the ants who were killed at Hiroshima. n/t rzemanfl Jan 2017 #76
I guess pussy-grabbing and defrauding people are values more to her liking Skittles Jan 2017 #68
Shrewd marketing move n/t TexasBushwhacker Jan 2017 #69
Why is Elizabeth Poe running a business instead of cooking and cleaning at home ? In_The_Wind Jan 2017 #72
boy bdamomma Jan 2017 #73
Huh?? ailsagirl Jan 2017 #77
Latest Discussions»Latest Breaking News»Tennessee yarn shop asks ...»Reply #79