Many sports teams use Indian logos and names as their moniker. One such team is the Washington Redskins. There are many people, both Indians and non-Indians, that say that the use of such logos is wrong and that the word “redskin” is racist. However, not all people (even including many Indians) agree on this matter (Cox et al, 2017).
The issue to address is whether the trademark/patent and other offices have the right to impose a rule or guideline based on the presumption that “redskin” is racist. There is, of course, the question of whether there are violations of Title VII, hate speech laws, etc (Cox et al, 2017).
Rule of Law
Even if the trademark office has yanked Redskin as a usable name, there is not a clear violation of the law and there is rampant disagreement about whether redskin is a racist term. It would seem to come down to political ideology versus an unwillingness to change the mascot on the part of Dan Snyder (owner of the Redskins) (Cox et al, 2017)
Application of Law
Until or unless the use of “racist” terms and mascots is banned, it is unlikely that the impasse will be resolved any time soon. There is the issue, of course, of the First Amendent. Even offensive speech (e.g. Westboro Baptist, KKK, etc.) is held to be lawful (Cox et al, 2017).
There is clearly a stalemate and there is clearly not a uniform level of thought on whether the mascot should change or what it should be changed to. If the fans of the Redskins and/or the Indians themselves feel that there is no problem, the status quo will continue.
Many restaurants and other establishments (e.g. fine arts concerts, plays, etc.) ban kids under a certain age or entirely so as to cater to the people in their market. Some hold that this is discriminatory towards people with families. The other side says that kids often create a ruckus and disruption and thus banning them is a choice that a business owner can/should use if the situation or customers ask for it.
The issue that arises is whether businesses are within their right to ban children or if there is age/parent/family discrimination involved. Many to most of the places involved are privately owned so that is an issue as well.
Rule of Law
Generally speaking, private businesses have a right to refuse service to “anyone”. The quotes are there because there are exceptions such as banning people based on race, ethnicity and other illegal reasons.
Application of the Law
Since the ban is less about age and more about what younger children tend to do (be loud, cry, etc.), the businesses in question are probably in the clear to keep doing what they are doing. If it was less about serenity and the customer experience and more about the specific age involved, things be different. Other than the ADEA, there is not really an age discrimination law in place and that relates to employment.
The employer has the right to regulate their environment just as the consumers have the right to “vote with their wallet” if they don’t like what they see. Generally, however, people that see this rule in place will agree because they probably do not want a noisy kid ruining the mood. Parents might disagree and be angry about this but they do not have the right to dictate what a private business owner does with their property the vast majority of the time.
PLEASE SEE RESOURCE MATERIAL FOR A SAMPLE!!!!
Assignment Description: Using the “FIRAC” method and instructions outlined below, write two (2) legal issue briefs of Civil Rights related articles. However, you must follow these guidelines to earn grade points for a well-written and on-point brief.
You must follow the following essay writing guidelines for a brief that is 5 short paragraphs, as follows:
1) Facts — Write the facts described in the source in four (4) sentences maximum. (One sentence will not be satisfactory to understand the scenario or case.) I want to be able to know what happened in the case without reading the attached news article or case opinion.
2) Issue — In two (2) sentences/questions maximum, tell me what legal issue is in the form of a question. The legal issue for this assignment will always include a question about whether there was negligence that resulted in an injury or damages.
3) Rule of Law — In two (2) sentences maximum, describe which laws, regulations, ordinances or other laws apply to this scenario.
4) Application of the law to the issue(s) — Apply the rules to the facts of the case and explain or argue why a particular rule applies or does not apply to the scenario’s fact pattern. Then argue the facts of the matter from both sides while sticking to the rules before offering your opinion or position. It is important that you do not introduce any new rules or facts in oder to make your point. Try to accomplish writing a complete application for the rules in four (4) sentences. (One sentence will not be adequate coverage.)
5) Conclusion — In this last part of your brief, clearly state your position on the matter – what is the result, decision, or outcome? You must choose a side! Writing that it could go either way or “it depends” is not taking a position on the matter. Choose your position and support it in the application of law section. Your conclusion should be stated in no more than three (3) sentences.
Please include in your answers the application of the law, rule, or concept, and opinion on just how far owners’ rights are affected by application of civil rights laws, as compared to the reach of the federal, state and local laws to protect individuals against discrimination in public accommodations. This is a legal issues class, so stick to the legal issues of civil rights, individual’s rights as business owners, and discrimination. It is essential that you understand the legal definition of “discrimination,” “protected classes,” and what businesses are considered “public accommodations.”
INSTRUCTIONS: Choose two of the numbered legal issue questions below and write a case brief on each for a total of 2 for this assignment. You use the articles suggested below by researching on the internet. No employment related cases!!!
(1.) Should business owners have the right or privilege to name their hotel, restaurant, product or services whatever they want – even if controversial or offensive to individuals in lawfully protected classes? Should stereotyping issues influence or affect the services or names?
Washington Redskins Name Controversy
Pizza Name Offensive or Funny?
McDonald’s McAfrika burger fail
Massive Menu Fail
Blanco Basura Incorrectly Translated for Target Marketing
Kuma’s Burger Tasty or Tasteless?
(2.) Should the age protected class include the “young” people ( meaning infants or small children under 10 years of age)? Do you think ‘Adults-Only’ policies are discriminatory or a clever marketing strategy?
Alinea Crying Baby Story
No Kids Under 6 – Discrimination or Smart Move?
No Kids Allowed at Restaurants?
Morning Show Segment About No Children Policies
Hotel policy not to allow minors to check-in without an adult.
No More Parental Child-Free Stays in W. Australia
Slapping incident: Should kids fly separately?
Child-free Policies Catching On
(3.) Should the gender-based services, giveaways, discounts and promotions be banned everywhere as unlawful sex discrimination?
McDonald’s Gave Me a Girl’s Toy
“Girls Night Out” (Note: The lawsuit, though, has merit, since ladies’ night-type promotions are an illegal form of gender discrimination in California, as well as in Wisconsin, New Jersey and Maryland, if you’re curious).
Ladies Night Promoters May be In for Rude Awakening
How Civil Rights Movement Led to Ban Ladies’ Nights
Sociology Behind Gender Stereotypes – Even In Toys
Banned – Men Only Dining
Latest Trend – Women Only Dining
(4.) When or how could the practice of hotels “blacklisting” guests, groups, celebrities and others be considered discriminatory under the civil rights federal law? There are two main ways to get blacklisted by hotels: act like a total idiot, or be a repeat complainer.
The Hotel Blacklist Website
Guests Inappropriate Chatter
Aftermath of Hotel Room Attack
Hotels Are Checking You Out Before You Check In!
Should Hotels Track, and Blacklist, Bad Guests?
(5.) Should owners have the right to refuse service to customers who may bring conflict or cause friction with other guests or with the owner’s personal beliefs, religion, or ideals?
Oregon Christian Bakery Closes After Refusing to Make Wedding Cake for Gay Couple
Colorado baker vows to stop making wedding cakes.
Defense of Asking Restaurants for Gluten Free Food
Restaurant doesn’t want picky eaters
Hulk Hogan’s Restaurant Dress Code Policy
Right to Refuse Service Based on Appearance
Boycott of Beverly Hills Hotel