Business & Commercial

Comment Of The Day #3: “Back To The Bigoted Baker: It’s Complicated…More Than I Thought”

/ Jack Marshall / 26 Comments

And now there are FOUR Comments of the Day on the post about the Great Cake Controversy. This is a record number for a single Ethics Alarms post. It is a true ethics conflict: which should have priority in a pluralistic society, the right of all citizens to be treated equally under the law, and to have the government ensure their right to the pursuit of happiness, or the individual right to act and live in concert with one’s sincerely held religious beliefs, and to not be forced into expressive speech, part of the right to liberty? This part of the controversy doesn’t even include the ethical question of whether either party should have allowed this to be come a legal dispute.

When I post the fourth COTD, with was a response to #3, I’ll include links to the other three and include a poll for readers to register their opinion regarding which comes closer to their own view

Here is Extradimensional Cephalopod’s  Comment of the Day on the post Back To The Bigoted Baker: It’s Complicated…More Than I Thought:

There’s an obvious question here (well, several) that occurs to me: What if I walked into the shop and asked for a wedding cake for no reason at all? Nobody’s getting married; I just want the cake. Is it against his religion to make that style of cake for anything other than weddings? Do I have to show him a marriage license? I’m an atheist; will he refuse to acknowledge my marriage because you can’t have marriage without a god? Does only the Christian deity count for a “real” marriage?

I would argue that the artistic quality of the cake has nothing to do with who is getting married, or if there’s even a marriage at all–at least, as far as religion is concerned. If I asked someone to draw me a picture of a bird, they don’t have to know anything about me in order to make it. Their art doesn’t have anything to do with me, and they are not expressing any objectionable ideas. They’re not endorsing me in any way by taking me on as a customer. Therefore, this isn’t like refusing to make a swastika cake. This is like refusing to sell a cake to Nazis. (Yes, Nazis should be able to buy cake like anyone else. Preventing them from doing so is just bullying, and won’t teach them anything except more hate. How will they learn how to appreciate different people if only other Nazis talk to them?) Continue reading →

Comment Of The Day #2: “Back To The Bigoted Baker: It’s Complicated…More Than I Thought”

/ Jack Marshall / 24 Comments

This the second of the Comments of the Day on the post about the Great Cake Controversy; a third arrived last night, which will appear shortly. It was authored by the always provocative Mrs. Q—you can tell because she always uses ampersands. I used to turn them back into “and,” and then decided that this was a signature feature.

The three Comments of the Day on this topic are as different as they could be. I detest the Colorado baker controversy, because three people could have and should have avoided the whole thing, saved a lot of time, money, and ink, and just exhibited some empathy and proportion rather than avoiding the Golden Rule so emphatically. I detest it, but it certainly is a rich ethics subject.

Here is Mrs. Q’s  Comment of the Day on the post Back To The Bigoted Baker: It’s Complicated…More Than I Thought:

When my wife & I were looking for wedding rings we stopped at a place where the owner after talking to us went on a strange rant about some NFL player who came out gay. The owner went so far as to physically mimic kissing another guy in telling his story, and shivering with wide toothed disgust at the thought. He didn’t say he wouldn’t sell us a ring, but obviously we didn’t want one from his store & the feeling was mutual.

We could have gone on Yelp and given the store a bad review or complain to someone who could “go after” him politically, but at the end of the day our relationship didn’t (doesn’t) need others affirmation. We were certainly hurt – not by his thoughts but the manner in which he shared his thoughts. Yet we picked our proverbial battle and let it go. Why? because we too are Christian and know no one person can ever really give us what we need. Hurt feelings can be gotten over and forgiveness heals wounds far faster than enacting revenge because someone doesn’t agree with us or what we do.

We have to ask what will be next. I don’t believe suddenly we’ll see “No Homo’s Allowed” signs on shops. And ultimately that’s not what I believe this case is about. Also I’m not convinced that these bakers are bigots either. Instead I suspect what this case is ultimately about religion and thought police. Orthodox Muslims having to make non-Halal foods, Jewish deli’s selling pork, Christians making Satanic themed confections. I’d rather see a few victim-minded SJW’s get butt-hurt than force others to sign off on what are ultimately another persons *private* beliefs. Forcing business owners to think as we wish sets a dangerous precedent while walking away from a shop not being affirmed only requires one to find another place to go. And honestly it’s fairly easy to find smug leftist affirmation at businesses. Yes…even in small towns too. Continue reading →

Comment Of The Day #1: “Back To The Bigoted Baker: It’s Complicated…More Than I Thought”

/ Jack Marshall / 4 Comments

There were so many thoughtful and diverse comments on the post about the Great Cake Controversy that I could have justified four or five Comments of the Day. I chose two. This is the first, by the indefatigable Michael Ejercito. Here is his Comment of the Day on the post Back To The Bigoted Baker: It’s Complicated…More Than I Thought:

“Art is notoriously difficult to define. To that list, I could argue for the addition of gardeners, landscapers, bathroom floor tilers, interior designers, architects, website designers, marketing consultants, and on and on. Is a sign-maker an artist? A printer?”

This is a feature, not a fault, of the First Amendment. Courts must make findings of fact based on evidence and testimony. Courts did in fact do just that in Hurley v. Irish American Gay, Lesbian, and Bisexual Group of Boston, 515 U.S. 557 91995) and Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47 (2006).

In its amicus brief, the Department of Justice spent a total of six paragraphs detailing how public accommodations laws do not ordinarily implicate freedom of expression.

“Justice Kennedy became involved in some of this discussion about where to draw the lines — the ready-made/custom cake distinction, the speech/conduct distinction, and the distinction between selling a cake in a shop and supervising the cutting of a cake at a ceremony…”

It is a distinction that must be made.

It is a tenuous argument, at best, that the sale of sign-making supplies constitutes expression. Thus, Colorado’s laws properly apply to such, and it is unlawful to refuse to sell sign-making supplies because the purported customer is a Westboro Baptist or a militant Islamist. And religious discrimination laws must cover unpopular religions, or else it fails to achieve its own purpose. Continue reading →

Back To The Bigoted Baker: It’s Complicated…More Than I Thought

/ Jack Marshall / 150 Comments

The last time (in July) I dealt with the apparently thornier-than-I-thought issue of the Colorado baker who refused to sell a wedding cake to a gay couple, I assumed that the Supreme Court would treat this as a pure public accommodations case, and side with Colorado and the couple. I was wrong. Now it is beginning to look like baker Jack Phillips may even prevail, based on the justices’ comments during oral argument.

Then I wrote, quoting my post when this case first surfaced…

“The court’s conclusion  is impossible to rebut. The cake the baker was asked to bake for the gay wedding differed not at all from one he would normally sell a straight couple. In truth, this had nothing to do with expression. He was just refusing to serve a gay couple because of their sexual orientation. Selling them a standard cake would neither constitute, nor would it be recognized as a “message” in support of gay marriage.

The Court agreed that a wedding cake with a customized message celebrating a same-sex marriage as such might implicate First Amendment speech issues, but “we need not reach this issue,” the court said. “We note, again, that Phillips denied Craig’s and Mullins’ request without any discussion regarding the wedding cake’s design or any possible written inscriptions.”

In other words, Phillips was gratuitously and unnecessarily being a cruel jerk. An alleged Christian who is unable to detect the basic Golden Rule application in treating fellow citizens with the minimal level of respect inherent in allowing them to buy a standard wedding cake requiring no “Yay Gay!” or “Charlie and David Forever!” messages in pink frosting deserves no sympathy or quarter from the law. Could the couple have just shrugged and found another bakery? Sure, they could have. Linda Brown could also have just shrugged and found an all-black school to attend, too.

The gay couple are not the villains here. Jack Phillips broke the social contract, as well as the law.”

Recent articles about the SCOTUS appeal have added some facts that I had missed, or not given sufficient weight. For example, Continue reading →

Your Boss Asks If You Have Prayed About A Work-Related Matter…What Is The Ethical Response?

/ Jack Marshall / 22 Comments

This question was asked of the New York Times’ “Workologist” (It’s stuff like this that keeps me subscribed despite the paper’s disgraceful partisan bias and unocnscionable manipulation of the news):

I recently had a manager ask me if I have “prayed about” a particular situation at the office… this statement crossed a personal line with me. I am very private about my religious life. Do you have any recommendations on how I could handle this?

The question immediately reminded me of “Breach,” the film about the capture of spy Robert Hannsen (Chris Cooper), who was always urging his clerk (actually the undercover FBO agent recruited to unmask him) to pray. The “Workologist” (Rob Walker) begins by pointing out the obvious: a boss can’t demand that you pray, or fire you for refusing to. Then he adds,

Your manager can’t discriminate against you on the basis of religion, but your company can’t discriminate against him, either — by, say, forbidding him to ever mention prayer. In general, companies are supposed to make an effort to accommodate the religious practices of employees, although this can be weighed against the potential burden on the employer…Faith-related workplace conflicts and litigation have become more common in recent years. So it might be better to think about this incident in the broader context of personal expression and identity…

your best move is to make your own boundaries clear — yet also try to avoid an outright conflict. The fact that you already consider him your “worst manager” might make that difficult. But simply declaring his question inappropriate or offensive won’t help.

Instead, try something like “Well, I’ve thought about it,” and either leave it there or, if that doesn’t seem to connect, add something like “But I’m not comfortable talking about what I do or don’t pray about.” This should be delivered in a friendly-to-neutral tone. You’re not making any judgments — and neither should he.

I find that approach cowardly and dishonest. Continue reading →

The Rep. Kihuen Matter And The Trouble With Witch Hunts

/ Jack Marshall / 7 Comments

Accused Congressman with unidentified woman…

After last week’s appearance on an NPR panel on sexual harassment, hosted by Michel Martin, I posted some important aspects of the topic that I felt needed to be covered, but were not because of time constraints. I wrote in part…

[T]hese accusations can be weaponized, just like rape accusations on campus. Sexual harassment law can be used as a sword as well as a shield, and if provided the chance, I can explain how and give real life examples. One is Anita Hill…

The fact that sexual harassment has to be unwelcome sexual attention in the workplace is not generally understood. It also is unique: what other acts are deemed unlawful, regardless of intent, based on how the object of those acts chooses to react? This feature is why sexual harassment law is viewed by many women and men as inherently unfair. It literally means—I have a skit I use in training that illustrates this—that if actors George Clooney and Steve Buscemi behave exactly the same toward an object of their affections in a workplace setting, and the woman involved finds George attractive and Steve not so much, Steve has engaged in sexual harassment, but George hasn’t.

“When ethics fail the law steps in,” and this is a case where the law is a terrible substitute for ethics. Men like George, and, yes, Trump and even Harvey, are convinced that their touches, hugs, gropes and kisses won’t be unwelcome, and so they don’t think of themselves as harassers. For poor Steve, Al, Louis and other homely non-billionaires, it’s worth a shot, in their mind.

Meanwhile, what is “welcome”? … Is the conduct by a man with a grope or a kiss sexual harassment whenever the woman decides she would have rather it hadn’t happened? That is the issue raised by these late allegations. Let’s say a woman was [ spontaneously ] kissed by Donald Trump, and afterwards, she said to her friends, “That was cool! Donald Trump kissed me, just like that!” Then he’s running for President, and everyone she knows hates the guy, and now she thinks, “Yuck! That creep kissed me! I was one of those women he was bragging to Billy Bush about! He harassed me!”

Is that fair? Is that right? Can a man be retroactively guilty of sexual harassment because a woman’s perception of what happened changes over time?

These and other issues were just raised in one of the latest witch hunt accusations, the claim by a former 2016 campaign staffer of Rep. Ruben J. Kihuen (D-Nev), once a rising Democratic Party star,that he harassed her.

Unlike many of the other notable men who have been run down by the Harvey Weinstein Ethics Train Wreck, Kihuen, at least so far, has been accused of the most common and least horrible form of sexual harassment. The allegations would support the case that Kihuen created a hostile work environment for his subordinate by unwelcome sexual advances.  “Samantha” says that she rejected multiple sexual overtures by Kihuen, including once when when he suggested they get a room together in a hotel. She also says that in two instances he began touching her thigh, and asked if she was open to cheating on  her boyfriend. She says these attentions made her  so uncomfortable—that’s a hostile work environment!—that she quit as his campaign finance director after only five months on the job.

If an employee made these complaints to a business’s HR department, there would be an investigation. No job action could be taken against a supervisor based on her word alone. If there was no substantiation,  the supervisor denied it and no similar accusations had been made by other employees, no company could or should fire the accused individual. Moreover, until an investigation is complete, the position must be that the supervisor is innocent, and will not be penalized pending an investigation. Any other handling of such an episode is unethical: unfair, harmful, and wrong.

Kihuen denies that he engaged in harassment. Yet Nancy Pelosi, she who insisted less than a week ago that “due process” must play out before Rep. John Conyers should have to resign after multiple accusations from women, now says that Kihuen must resign based on one woman’s allegation, before any investigation.

This is true witch hunt stuff. Nothing has been proven. By this standard, a woman can kill a man’s career with an accusation. That is a lot of power. Power corrupts. Pelosi wrote, Continue reading →

Morning Ethics Warm-Up, 12/2/17: Flying Morons, A Fake News Crash, Death By Bias, And Me

/ Jack Marshall / 55 Comments

Good Morning!

1 Moron on board. Passengers can create personal wi-fi networks o and name them what they want while flying on some airlines, like Turkish Airlines.One passenger on a flight from Nairobi to Istanbul named his wi-fi network “bomb on board.”

Brilliant. Passengers could see that the network was in operation on the plane when they used their own devices, and became, ah, upset. In a statement, Turkish Airlines said the flight made an emergency landing at the Khartoum airport in Sudan, but the flight was safely resumed after security inspections on all passengers and the aircraft.

2. Terry McAuliffe for President! A 220-page report from Timothy Heaphy, a former U.S. attorney, was commissioned by the city council to find out what  happened in Charlottesville when a white nationalist group opposing the removal of a Robert. E. Lee statue was opposed by a group including violent antifa thugs. It was released yesterday, and USA Today reports that it concluded…

“This represents a failure of one of government’s core functions — the protection of fundamental rights. Law enforcement also failed to maintain order and protect citizens from harm, injury and death.”

Among the report’s other findings:

• Charlottesville police didn’t ensure separation between counter-protesters and so-called alt-right protesters upset with the city council’s decision to remove the Robert E. Lee statue from Emancipation Park.

• Officers weren’t stationed along routes to the park, but instead remained behind barricades in relatively empty zones.

• City police didn’t adequately coordinate with Virginia State Police, and authorities were unable to communicate via radio.

• State police didn’t share a formal planning document with city police, “a crucial failure.”

• Officers were inadequately equipped to respond to the clashes between the two groups, and tactical gear was not accessible to officers.

The handling of this episode by city and state officials was a warning about how tenuous support is for core American rights and values, though the news media didn’t cover it that way. Ethics Alarms did. Here is what I wrote at the time about the Governor of Virginia, now being prominently mentions as a possible Democratic Presidential nominee…after all, he is long-time Clinton loyalist, so why not?

[We] have Virginia’s governor Terry McAuliffe, who used the power and influence of his office to declare that people holding views he does not approve of are not welcome in the Old Dominion. In the midst of some patriotic grandstanding, he said…

“You are not wanted in this great commonwealth. Shame on you….There is no place for you here. There is no place for you in America.”

This is leftist fascism, by definition. Who is Terry McAuliffe, or Virginia, or anyone, to say who can or should have a “place” in the United States of America? How is this statement applied to white nationalists any different legally or ethically from applying it to Muslims, or lesbians, or abortion advocates, or Catholics, Jews or libertarians?

It isn’t. The entire point of the Bill of Rights is that the government does not get to tell us what to thing, what we can chant, what we can protest, and where we can live.

Charlottesville’s mayor made similar sentiments known, and the result was that the police obeyed the cues, and a riot resulted.

Then the news media blamed Steve Bannon and President Trump. Continue reading →

This Explains A Lot, I Guess…

/ Jack Marshall / 25 Comments

Here’s another planned post from those lost notes on a Sunday Times I just found from two weeks ago:

In  the New York Times Magazine,  the Times announced the results of an online poll of 2, 903 subscribers by its research-and-analytics  department. 72% Times loyalists would prefer to have done something horrible that only they knew about than to have everyone think they did a horrible thing that they really didn’t do.

Wait…what?

See, if you did a secret horrible thing, there really was someone hurt by your conduct. If people just think you did a horrible thing, you in fact hurt nobody, and did nothing wrong. This was a sneaky way of asking, “Are you a selfish and unethical human being, or not?”  Well, sneaky assuming that Times subscribers are incapable of thought, or that they let their 12-year-old kids answer Times research questions. About 3/4 answered, “Oh, I’m completely unethical!”

For the sake of clarity, let’s assume that both sides of the question involve the same horrible act, agreed? After all, if the real act is setting an orphanage on fire, and the wrongly believed act is farting loudly during a funeral service, or vice versa, the question is ridiculously easy.

So…72% of Times subscribers would rather have murdered a child than have everyone wrongly think they murdered a child? Molested a child? Broiled and eaten a child? Committed adultery? Spousal abuse? Spousal torture? Buried a spouse alive? Keeping a spouse locked in a dungeon? Locking a spouse in a dungeon with rabid wolverines?

What does this poll result tell the Times? What were they trying to learns? What does it tell us?

I guess it might explain the continued presence of the likes of Charles Blow, Thomas Friedman and Paul Krugman on the Times op-ed pages.

Or maybe their presence explains why Times subscribers reason as they do.

Morning Ethics Warm-Up, 11/22/17: Uber, Thanksgiving Hate, Accountability, Trump’s Unavoidable Choice, And Ruing The Day That Changed Everything

/ Jack Marshall / 14 Comments

Good Morning.

…But 54 years ago it seemed like a beautiful morning in Dealey Plaza…

1 “President Kennedy is dead…” I heard those word over my little black transistor radio that I mostly used to listen to Red Sox games. Let’s see how many news stories take note of the historical significance of today: the anniversary of the assassination of President John Fitzgerald Kennedy in Dallas. It is the date when a disturbed crypto-Communist radical took the fate and future of an entire nation and culture in his hands, and squeezed them to pulp—one of the three or four most unethical acts in U.S. history. As readers here know, I am not a Jack Kennedy admirer. Nonetheless, in “Back to the Future II” terms, it’s impossible to imagine what 2017 America would be like had Lee Harvey Oswald not shot the top of JFK’s head off in 1963, but it’s easy to imagine that we would be better. The assassination created a violent shift in the time/space continuum, and we never got back on track.

2. Bye-Bye Uber, you’re also dead to me. Uber is untrustworthy and unethical, and anyone who trusts the company going forward is a fool as well as an enabler of corporate misconduct. This is signature significance: the company revealed that hackers stole 57 million driver and rider accounts last year, yet Uber withheld that fact from the public until now after paying a $100,000 ransom to the hackers. Ethical, competent, trustworthy companies don’t operate this way.

It wasn’t just the company’s juvenile and piggish former CEO and co-founder Travis Kalanick. The company he created inherited his ethical deficits like a lethal gene. Any company is obligated to reveal hacks of personal data to members of the public who might be harmed by them immediately.

If you use Uber after this, you’re an idiot. You’re also sending the message that an epic breach of trust by a corporation will be shrugged off via one or twenty rationalizations, like 19. The Perfection Diversion: “Nobody’s Perfect!” or “Everybody makes mistakes!”

Keep sending that message, and pretty soon they’ll be using 1. The Golden Rationalization, or “Everybody does it.”

3. More Tales of the Anti-Trump Deranged: This essay in the virulent Trump-hating CG is meant humorously, but also is serious in its nastiness. Joe Berkowitz’s call to good little resistance members and Hillary bitter-enders to “ruin thanksgiving” as their “civic duty” stands as a self-indictment of the ugly, divisive mindset that so much of the Left has descended into over the past year. In fact, with just a few tweaks, it could have been written by a conservative satirist—if there were such things.

One aspect of Trump’s election turning the U.S. into a “Nation of Assholes” that I did not see coming was progressives and Democrats feeling liberated to go full-asshole themselves. This article shows the phenomenon. In particular, Berkowitz demonstrates how the Left can no longer distinguish between legitimate policy disagreements and what should be a matter of non-partisan consensus. His argument for using Thanksgiving to punish Trump supporting relatives by turning a celebration of faith and family into a table-top Gettysburg goes like this:

They can’t stand idly by while President Deals tramples every other American tradition and yet somehow expect that Thanksgiving will be normal too. [Note: Supporting the elected President is one of those traditions, and a crucial one.]…Here are a few suggestions for how to ruin Thanksgiving, arranged by ascending order of righteous fury:

Don’t show up. For some parents, your absence will speak louder than any sodden arguments over the density of pumpkin pie. If you can’t even look them in the eye, they’ll know you mean business. [Note: Is he joking? I know many families who are eschewing family gatherings for exactly this reason. Yes, I put most of this on the Angry Left and Barack Obama, aided and abetted by late night TV comics and the news media. They have set out to divide the nation by race, gender, age, class and party, seeking to build metaphorical walls where once there were divisions that could be forgotten or ignored during recreation and the shared commonality of citizenship. .]

Show up and be kind of an asshole. No hugs; only stiff, formal handshakes. During the football game, talk about police brutality nonstop. Take any opportunity to emphasize just how much Bruce Springsteen and the entire E Street band loathes Trump….[Note: See?]

Scorched Earth. Not even a handshake; just stare, disgustedly, at their outstretched arms….[Note: Among the  inarguable outrages that the essayist claims justifies such treatment: not supporting an increase in the minimum wage, refusing to uncritically accept climate change propaganda, and the President speaking “almost exclusively in racist dog whistles and ‘locker room talk.'” You know, racist dogwhistles like opposing the tearing down statues of Robert E. Lee,  correctly stating that a white nationalist group has the same rights to assemble and protest as anyone else without being attacked,  or objecting to NFL players inflicting an incoherent protest on their captive audience. ]

I was asked for ethics advice regarding looming political disputes during Thanksgiving, and here it is: It is rude and unkind to raise a topic you know is emotional and painful for people at the table. So don’t do it, just as you wouldn’t (I hope) deliberately raise such topics as Cousin Cecile’s abortion, Jim Jr.’s arrest, or Uncle Ethan’s IRS problems. Continue reading →

Legal, Compliant, And Wrong: A Law Firm Helps Two California Cities Prey On Their Own Citizens

/ Jack Marshall / 18 Comments

Here’s something to be thankful for: be thankful you don’t live in Indio or Coachella California, where unscrupulous city governments and an enterprising law form conspire to fleece their citizens. It works like this:

Step One:  Indio and Coachella hire a private law firm, Silver & Wright, to prosecute citizens in criminal court for minor property violations of city ordinances. These result in small fines for infractions like not mowing the yard or selling lemonade without a business license.

Step Two: The citizens go to court, plead guilty, and pay the fines,

Step Three: They get a bill in the mail for a huge fee from the law firm that the city hired to prosecuted them. This fee is for the cost of the prosecution. Thus a fine for a couple of hundred dollars explodes into a legal bill of four or five figures.

Step Four: If the citizen objects, the law firm raises the fee demand.

Step Five: If the citizens can’t pay, the law firm threatens to take their homes.

The law firm that runs this brilliant operation is Silver & Wright, and it has been going on for years. The Desert Sun, in an investigative journalism effort, revealed this unholy alliance of municipality and law firm, and now, with public scrutiny, it just might be on its last legs. Thankfully.

The 18 cases examined by The Desert Sun come under the heading of nuisance property abatement, violations of law that are too  inconsequential to involve the county’s real prosecutors, the Riverside County District Attorney’s Office. Thus Silver & Wright steps in. Contract prosecutions are a profit center for the firm, which explains on its website that it specializes in code enforcement and “cost recovery,” boasting

“Our attorneys have developed unique and cutting edge practices to achieve success for our clients and make nuisance abatement and code enforcement cost neutral or even revenue producing.”

Indio contracted with Silver & Wright in 2014, and Coachella followed in 2015. Within a year of hiring the firm, both city councils created new nuisance property ordinances empowering the cities to seek prosecution fees without getting  approval from a judge. Then Silver & Wright started taking east valley property owners to criminal court. Continue reading →