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Page: Profile: Wren's Nest News Local
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Article: 15488
[Pagan]
Date Posted:
5/19/2006
9:55:14 am EDT
Wvox Stats
Views: 9,424
RSS: 18,112
Comments: 16
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Update: Boscov's Told To Pay $21,000 In Discrimination Case
Author: James Merriweather Source: The News Journal (DE)
Title: BOSCOV'S TOLD TO PAY $21,000 IN DISCRIMINATION CASE
Boscov's has been fined $5,000 and ordered to pay $21,000 to two Christians, two Wiccans and a pagan who accused the department-store chain of religious discrimination at its Dover store.
The plaintiffs contended that Boscov's bowed to pressure from church people and illegally dropped classes they planned to teach last fall during the store's Campus of Classes. In its defense, Boscov's said the classes -- including sessions on tarot, talismans, candle magic and the pentagram that drew complaints from Pastor William Jeffcoat of Capitol Baptist Church -- were called off for lack of diversity.
The Delaware State Human Relations Commission rejected Boscov's defense, all but accusing the company's witnesses of lying during two days of hearings completed Feb. 13.
Additional Article Link: [Click HERE]
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Community Thoughts: There are 16 comments posted | Reverse Sort |
| What I See | May 20th. at 11:12:34 am EDT
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stalkingwolf (Bullhead City, Arizona) - Email Me
when I click the read full story link.
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| Congrats! | May 20th. at 9:04:32 am EDT
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Erihu (Sunset Beach, North Carolina) - Email Me
to you all. It was discrimination, and shouldn't have happened in the first place. All I can say is way to go!
Blessings, from a former resident of Salisbury, MD.
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| Site Comments: | May 19th. at 10:00:09 pm EDT
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Llunmere (Germantown Hills, Illinois) - Email Me
Here's what I pulled from Boscov's site.
It's located in their history section, in the last paragraph.
" Although our founder, Solomon Boscov, passed away in 1969, it is the company's conviction and resolution that all the Boscov's stores retain the same feelings of warmth, friendliness, courtesy, charm and service that he put into his first store. We know we can, with your help."
I know that I don't feel welcome there, with this case in hand.
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| Congratulations~! | May 19th. at 8:28:00 pm EDT
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Rev. Amy Blackthorn, HPS, DD, Ph.D (Newark, Delaware) - Email Me
Donna, Jason, Marla, Chantel and Norene I'm so proud! I showed my support else where, but I thought here on TWV might be a good Idea too.
I'm also glad that James decided to revise his writing tactics after being given a talking to, by myself and several other people over his use of the words "Self proclaimed Witch" that those have not appeared in these articles since.
Congrats again, and Blessed be.
Amy
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| Context | May 19th. at 5:05:18 pm EDT
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Terry (Irvington, Virginia) - Email Me
Neither this or former articles make clear the basis in Delaware law to define Boscov's to be a "public accommodation". Was it related to food services similar to those found in many Walmarts (one of the Federal criteria, not always interpreted to apply to an entire outer store) , or is DE state law broader in its statutory definitions than many states or Federal law?
Notably, when so defined as "public accommodations", some businesses are in effect treated as quasi-government privileged entities subject to "play fair" conditions, which do not attach to fully "private" entities. (Also YMCA/YWCA, vs BSA as nonprofits....)
The level of damages in this case are low enough that it might well not be worth an appeal, unless to try to avoid this case decision being a legal reference not as binding precedent, but what lawyers informally use as a model in giving advice to other clients on how to avoid liability. In other states, it's possible only contract default issues might exist in a comparable case.
For comparison, another case in California is winding down, with slightly higher costs to the city found trying to use NFLF "play books" (now evolved into CDC & ADF of Scottsdale, AZ) in order to censor protected speech and pander to RRR censors. Boscov's received a wrist slap by comparison.
The following court decision covers an area where RRR tactics lump strip bars with nudist resorts, art, skyclad religions, and other protected speech, in efforts to use fraudulent economic claims to squelch legal speech and impose religious discrimination.
Some cities might be scared out of such tactics given this example of a $1.4 million actual damages award, a still contested probable $500,000 Plaintiff counsel reimbursement, plus whatever their own legal fees for 11 years in and out of several courts, likely also high 6 figures. To how many cities or voters is it worth around $2.5 million to learn that an ordinance intended and resulting in unConstitutional effects in fact, is unConstitutional, and they're liable for the secondary effects of an illegal law?
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JURY AWARD TO DANCE CLUB AFFIRMED ON APPEAL
SAN BERNARDINO, CA -- The California 4th District Court of Appeal has affirmed a jury's $1.4 million award to Randy Welty’s Flesh Club. The exotic dance club was forced to close for four years from 1995 to 1999 after a Superior Court judge granted the city's request for an injunction based on a city ordinance. However, after a series of appeals another trial judge ruled the ordinance was so restrictive it was unconstitutional. The 4th District Court of Appeal affirmed the ruling, and the state Supreme Court declined review. The club reopened in 1999.
Shortly thereafter, attorney Roger Jon Diamond filed his complaint alleging the club was entitled to payment for damages suffered when it was closed under the ordinance. The club asked for $2.6 million in damages, After deliberating for six days over a two-week period, the jury awarding Welty $1.4 million for profits lost during the four years. (See X-Press report “Dance Club Scores Partial Victory,” 6/4/04)
Diamond called the recent 4th District decision a "total victory for the club." He said the opinion would send a "strong" message to cities statewide.
"It will tell cities they need to be very careful before trying to shut down an existing business if it's protected by the First Amendment," he said.
Diamond said he now would focus his attention on seeking up to $500,000 in attorney fees in the case.
Information source: Jason W. Armstrong, Daily Journal, 5/12/06 (URL not available)
Copyright 2006 Free Speech Coalition. Used with permission (no further republication) .
[Web LINK]
Find More info -- HERE
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| Huzzahs All Around!! | May 19th. at 4:00:47 pm EDT
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Jeanne Lisbet (Calgary, Alberta) - Email Me
Many congrats to Donna & Jason Jackson, Marla Kepner, Chantel Henderson and Norene Hamilton!! (and anyone else involved I might not have mentioned..)
You fought and won, and we all benefit from your victory. It was a risk, and one always worth taking, win or lose.
And bollocks to those who champion discrimination as a 'freedom' - pagan, christian, and others - bigotry is a cancer that must be challenged and rooted out, it is the biggest contributing factor to instability, violence and oppression in society. What good has it ever brought us? It is a stumbling block to be overcome, not to be built up even higher. Just because "we all have intolerances" doesn't make them right - we learn and grow by challenging those intolerances, not by encouraging them.
Cheers to all who have fought, or continue to fight. Your courage strengthens us all.
Blessed BE!
JL
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| Congratulations! | May 19th. at 2:40:10 pm EDT
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Ryan Arndt (North Vancouver, Saskatchewan) - Email Me
I am pleased that wisdom has prevailed in this case. May the merit generated by the victory of reason over fear cause all beings to aspire to awakening.
... I'm still not sure how Buddhism counts as a form of Paganism, though. Meh.
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| Is Discrimination A Right? | May 19th. at 12:59:52 pm EDT
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Mar-Garet (Appalachia, Pennsylvania) - Email Me
Those of you who support Boscov's right to discriminate....it would follow that you would also support their right to discriminate on the basis of race or color?
Just wondering.
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| Some Of You May Not Like This. | May 19th. at 12:49:14 pm EDT
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Libertarian (Langley, Washington) - Email Me - Web
The issue here is weather we live in a free society or not. I personally believe that the store was wrong in what they did. However, in a free society a business or individual has the right to be wrong. The store was acting in what it believed to be its own best interests. We all have that right. As an individual I discriminate. I choose what products I want to buy and with whom I wish to associate. I likewise choose with whom I do not wish to associate. I do not look to the governmant or any other third party as having authority over what my choices should be. If in this case there was a contract between the store and the parties involved, the complaint should have been breech of contract, not discrimination. This is the American Way, This is the Pagan Way. We are in a culture war and I want peace. Peace begins with our willingness to accept the free choices of other people, even though we may not agree with them.
Blessings
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| I Actually Approve Of This One | May 19th. at 12:14:00 pm EDT
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Mysteries Child (Garfield, West Virginia) - Email Me
No one is trying to repress anyone, or shut anyone up.
Well, except the idiotic, misled, prideful Anti-Christ-ian Baptist preacher. He'll have to square up with [God] later, I guess.
I'd kind of like to see him sued for slander in the here-and-now, but that wouldn't hold up in court, as I think someone has to know they are spreading damaging lies in order to be charged.
I hope this decision stands up on appeal. And, instead of money, I wish they'd been required to issue a public apology and undergo diversity training.
It's a start, though. A start. Father and Mother bless you, Donna, and all your friends.
Will everyone please note that at least some of those friends were, ahem, Christians??
I guess they're not *all* evil after all. ;-)
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| Congrats Donna! | May 19th. at 10:55:11 am EDT
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Lady GoldenRaven (New Castle, Pennsylvania) - Email Me
Way to go Donna!!!! It is amazing what one person can do. She, not even being a lawyer or having one has taken on the system and won. Maybe the rest of us should follow her example! There is much we could be doing out there in the world, but out of fear or ignorance choose not to.
So my congrats go out to Donna for her amazing efforts.
Let this be a lesson to us all. Just do it!
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| As A Local To This... | May 19th. at 10:35:10 am EDT
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Rev. Heidi Andrews (Salisbury, Maryland) - Email Me
all I can say is WOO!
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