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From the mouth of a judge

Pace

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Opened new thread with video




MatieA wrote:

I hope I am misunderstanding what you are saying here. Are you saying that because a business exists as a public place that they have asked for the permission of the government to be a business?

I run my own business; I did not ask anyone for permission to operate my business nor will I ever. I have not signed any contracts with the government except as pertains to collecting and being exempt from some state(s) sales tax.

I don't understand where you are coming from....entering into a contract with the government or the peopleto be a public service provider????? What contract?

I wish all businesses allowed people to exercise all of their rights (thankfully here they do) but the fact remains that these businesses are on PRIVATE property and as such they can make the rules.
 

old dog

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I do not, I can not understand why you people can't grasp this most simple of concepts. If you have a license to conduct a business enterprise open to the public, that public includes everyone unless there are issues of public safety or decorum.

I have decided to operate a gasoline dispensary. I will sell to anyone except middle-age white men from Montgomery. Now if you can get someone frome Bessemer to bring your vehicle in I'll fill you up, otherwise take a hike.

You have a sick child and a prescription for a life-saving medicine. You have no right to this drug. To hell with you because I don't like your shirt or because it's Tuesday and I have no obligation to you.

Whether you or anyone else likes it, there is a social contract. Sometimes it pisses me off but there it is.
 

eye95

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And I can't understand why you can't grasp the concept that the business is still on private property and that the issuance of a license by the government does not endow them with the power to restrict the constitutionally protected freedom of assembly.

If you want to throw another insult back, feel free. I don't respond more than once to someone who insults me like you did.

So long.
 

old dog

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The truth is incontrovertible. Panic may resent it; ignorance may deride it; malice may distort it, but there it is.
--Winston Churchill

I note that in your huff you didn't rebut my theses.

I'll bet you were the kid who took his ball and went home when you didn't get your way.
 
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marshaul

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eye95 wrote:
I thought the concept of "public accommodation" was an end-around The Constitution when it was first used, even though I admired the result they were trying to achieve--ending discrimination.  The ends should have never been allowed to justify the means.

Now that it is being used to widen OC, I still think it is an attempt to limit the constitutional rights of businesses.  Again, the ends do not justify the means.  Just as we should want our right  to  KBH protected, we should want the rights of businesses to determine what happens on their premises to be protected.

We have the right to carry.  They have the right to say, "Not in my house." 
We have the right not to do business with them.  Let's advocate the protection of everyone's rights.
+10000
 

old dog

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Since the little girl from Montgomery doesn't want to play, I'll address this generally.

I submit that legally armed citizens -- citizens -- should be allowed to carry wherever they choose. I submit that in this respect private property rights do not trump public accommodation rights.

Now, people who insist on spitting into the wind because they don't like reality should be pitied but not heeded.

And she still hasn't challenged my examples.
 

marshaul

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old dog wrote:
Whether you or anyone else likes it, there is a social contract. Sometimes it pisses me off but there it is.
This isn't good enough.

The way the social contract has been interpreted by many, your actions would infringe upon the rights of property owners in violation of it.
 

old dog

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My mind is reeling but I'll try again. Rights are tricky things, a sword that almost always cuts both ways.

For instance: I have the right to free speech, in public and in private. Now, does that mean I can stand outside a middle school with a loud-hailer and tell the children that drugs are a good thing and they should try them? You don't like it? Tough. I have a right to say it.

I can't say "come and buy my food unless you're black or brown or from Alabama". And if you'll think a moment you wouldn't want it that way.
 

old dog

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That is your inference and perhaps it is valid, however I do not find any reference to any form of the word "responsible" in the Constitution.

Given that, are there any absolutes beyond hot fire, wet water, Democrat corruption and gravity?
 

canadian

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This bothers me, and I'll explain why:

If you want to establish a business, you are required to obtain a business licence. That means store owners are mandated by law to surrender their rights. The fact that the judge's decision in this instance happens to benefit open carry does not abrogate the fact that the decision is trampling on the store owner's right to engage in commerce (or not) with whomever they choose.

Being from a country that treats firearms as a rare privlege and open carry as a punchline, I love the idea of striking down barriers to carrying. But I am also painfully aware that my other rights are just as important. If I don't want you in my store, it doesn't matter why. It's my store. The fact that I have to beg and cowtow to the government for permission to engage in my trade and abide by their arbitrary rules (and pay for the privlege!) isequally as repugnant as the idea that I am forbidden from defending said business in the manner I see fit.
 

SouthernBoy

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canadian wrote:
This bothers me, and I'll explain why:

If you want to establish a business, you are required to obtain a business licence. That means store owners are mandated by law to surrender their rights. The fact that the judge's decision in this instance happens to benefit open carry does not abrogate the fact that the decision is trampling on the store owner's right to engage in commerce (or not) with whomever they choose.

Being from a country that treats firearms as a rare privlege and open carry as a punchline, I love the idea of striking down barriers to carrying. But I am also painfully aware that my other rights are just as important. If I don't want you in my store, it doesn't matter why. It's my store. The fact that I have to beg and cowtow to the government for permission to engage in my trade and abide by their arbitrary rules (and pay for the privlege!) isequally as repugnant as the idea that I am forbidden from defending said business in the manner I see fit.
The judge did not take a decision in this instance. He offered his legal opinion (interpretation?) on the issue.
 

MatieA

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canadian wrote:
This bothers me, and I'll explain why:

If you want to establish a business, you are required to obtain a business licence. That means store owners are mandated by law to surrender their rights. The fact that the judge's decision in this instance happens to benefit open carry does not abrogate the fact that the decision is trampling on the store owner's right to engage in commerce (or not) with whomever they choose.

Being from a country that treats firearms as a rare privlege and open carry as a punchline, I love the idea of striking down barriers to carrying. But I am also painfully aware that my other rights are just as important. If I don't want you in my store, it doesn't matter why. It's my store. The fact that I have to beg and cowtow to the government for permission to engage in my trade and abide by their arbitrary rules (and pay for the privlege!) isequally as repugnant as the idea that I am forbidden from defending said business in the manner I see fit.
Not every place requires a business license to operate a business. At least not in the U.S.
 

marshaul

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canadian wrote:
This bothers me, and I'll explain why:

If you want to establish a business, you are required to obtain a business licence. That means store owners are mandated by law to surrender their rights. The fact that the judge's decision in this instance happens to benefit open carry does not abrogate the fact that the decision is trampling on the store owner's right to engage in commerce (or not) with whomever they choose.

Being from a country that treats firearms as a rare privlege and open carry as a punchline, I love the idea of striking down barriers to carrying. But I am also painfully aware that my other rights are just as important. If I don't want you in my store, it doesn't matter why. It's my store. The fact that I have to beg and cowtow to the government for permission to engage in my trade and abide by their arbitrary rules (and pay for the privlege!) is equally as repugnant as the idea that I am forbidden from defending said business in the manner I see fit.
I've become quite bothered by how many have rejected principle in favor of personal gain over this issue. Even since the last time it came up on this forum.

+100 to your post.
 

Archsgurl

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canadian wrote:
This bothers me, and I'll explain why:

If you want to establish a business, you are required to obtain a business licence. That means store owners are mandated by law to surrender their rights. The fact that the judge's decision in this instance happens to benefit open carry does not abrogate the fact that the decision is trampling on the store owner's right to engage in commerce (or not) with whomever they choose.

Being from a country that treats firearms as a rare privlege and open carry as a punchline, I love the idea of striking down barriers to carrying. But I am also painfully aware that my other rights are just as important. If I don't want you in my store, it doesn't matter why. It's my store. The fact that I have to beg and cowtow to the government for permission to engage in my trade and abide by their arbitrary rules (and pay for the privlege!) isequally as repugnant as the idea that I am forbidden from defending said business in the manner I see fit.
You are correct, you can tell anyone that they are not allowed to shop there. Tis your right as a store/business owner. Just as it is my right as a OCer or CCer to boycott your place of business and to tell other like minded individuals to boycott your business.

See I think what you are forgetting is that a Business is providing a service to its customers. If the customers feel mistreated, misaligned or unwanted due to their personal beliefs on religion, guns, marriage, and so forth, they have a right to not frequent that business.

No customers = no business. Remember that when you side on the side of the Business. Oh and a BG isnt gonna care that you have a sign on your door that says "no guns" to him/her, that is an open invitation to rob and possibly hurt you and your customers.

Editted to add: Example - In the segregated south,during the Civil Rights Movement, alot of businesses wouldnt serve blacks and their place of business was boycotted by blacks and by whites who disagreed with segration. Those businesses eventually either a) went out of business or b) caved due to loss of money and yes some of them started serving blacks before the govt made it illegal not to.

[you is used generally and refers to no particular person or group of persons]
[blacks - used to denote descendents of the ethnic background of African Descent, not used in any form of racist or degratory terminology.)
 

Pace

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I think both threats left the topic of Open Carry into other issues suddenly. Please remember this is an OC forum. As it stands, the law would most likely allow gun owners, if pushed to be able to enter any public business.

We keep on going off topic into other issues about personal freedom, gay rights, etc. I'm probably one of the worse examples, but let's focus on what this is about, which is Open Carry Rights.


Archsgurl wrote:
canadian wrote:
This bothers me, and I'll explain why:

If you want to establish a business, you are required to obtain a business licence. That means store owners are mandated by law to surrender their rights. The fact that the judge's decision in this instance happens to benefit open carry does not abrogate the fact that the decision is trampling on the store owner's right to engage in commerce (or not) with whomever they choose.

Being from a country that treats firearms as a rare privlege and open carry as a punchline, I love the idea of striking down barriers to carrying. But I am also painfully aware that my other rights are just as important. If I don't want you in my store, it doesn't matter why. It's my store. The fact that I have to beg and cowtow to the government for permission to engage in my trade and abide by their arbitrary rules (and pay for the privlege!) isequally as repugnant as the idea that I am forbidden from defending said business in the manner I see fit.
You are correct, you can tell anyone that they are not allowed to shop there. Tis your right as a store/business owner. Just as it is my right as a OCer or CCer to boycott your place of business and to tell other like minded individuals to boycott your business.

See I think what you are forgetting is that a Business is providing a service to its customers. If the customers feel mistreated, misaligned or unwanted due to their personal beliefs on religion, guns, marriage, and so forth, they have a right to not frequent that business.

No customers = no business. Remember that when you side on the side of the Business. Oh and a BG isnt gonna care that you have a sign on your door that says "no guns" to him/her, that is an open invitation to rob and possibly hurt you and your customers.

Editted to add: Example - In the segregated south,during the Civil Rights Movement, alot of businesses wouldnt serve blacks and their place of business was boycotted by blacks and by whites who disagreed with segration. Those businesses eventually either a) went out of business or b) caved due to loss of money and yes some of them started serving blacks before the govt made it illegal not to.

[you is used generally and refers to no particular person or group of persons]
[blacks - used to denote descendents of the ethnic background of African Descent, not used in any form of racist or degratory terminology.)
 
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