Delaware Supreme Court Smacks Down "Human Relations Commission"
The Delaware Supreme Court has overturned a decision of the state's "Human Relations Commission" that found a movieplex guilty of discrimination. It's worth taking a look at the underlying decision to see how much damage can be done when a state appoints "commissions" to enforce racial "correctness."
In this case, the theater manager made an announcement to the (predominantly black) audience at a Tyler Perry movie -- it was the standard announcement about turning off cell phones, etc. But one of the audience members was the state director of "Human Relations." She stood up and announced that he was being condescending and racist, and she gathered up a petition to bring charges against the theater before the very same bureaucracy of which she was a part.
Despite uncontested evidence that the manager's announcement was standard theater policy - used before any sold-out show - the Human Rights Commission found that the manager's "condescending" tone was illegal, and fined the theater nearly $80,000. Mind you, the specific violation was of the state's "Equal Access" law; meaning that the theater was seeking to deny blacks access to the theater. If the theater did not want African Americans in the theater, why did the management choose to show a Tyler Perry movie on three screens of the multiplex? Nobody seems to have asked that question.
The Delaware Supreme Court rightly smacked down the Commission, and pointed out that the Commission had placed an unfair burden on the theater manager, essentially asking him to prove that he's not a racist, rather than having the plaintiffs prove that he is. Sanity carried the day, but nobody is safe while these commissions remain at large. (Hat tip: Red Eye)
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May '10
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
So I assume the Commission will reimburse the theater for any lost business, the manager for any legal fees, and of course compensate both for damage to their reputations. ...Right?
Oct '10
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
America is lousy with these bedbugs. Power placed in unaccountable hands is simply another aspect of the corruption and rot that must be ripped from the hands of the statists.
May '10
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
We have gone mad. When did we start giving these extra-legal "commissions" power to regulate our lives and decide by whim how our society will be ordered? Is this the Soviet Union or Cultural Revolution?
There is a "peace and justice commission" in Berkeley (who would have guessed?) that offends sensibilities regularly by voting to award medals to Bradley Manning or inviting Guantanamo detainees to reside next door. Where did these bozos come from? Where do I go to vote against them?
Opposing these guardians of correct thinking is like shouting against the tide.
Oct '10
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
What astonishes me is that such a commission is empowered to impose (and presumably collect?) fines, apparently at will.
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
Anger wells in me despite my better nature over this story.
I've always maintained my greatest fear of government power isn't the folks in D.C. It's the local zoning guy who vote to eminent domain my property, or this clown at the theater, who obviously has let the power of enforcement given to her with her job go right to her head.
She is government looking for trouble. That's truly dangerous to our freedoms.
Jun '10
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
Good thing they weren't selling poinsettias or the commission could have fined them for discrimination against an employee who was not Christian and against Christmas decorations. It happened to a florist in British Columbia. The fine was approx. $25,000, and I believe the florist declared bankruptcy as a result. I haven't check the Commission's web site this morning, but any who are interested can find the decision there.
Jan '11
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
Wonder what Mark Steyn has to say about this one? Keep an eye on New Hampshire; if it starts going earthquake, we know the reason.
Aug '10
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
Yes, it's worth remembering that it was various provincial and federal Human Rights Commissions that created all Steyn's troubles. Similarly, in some of those incidents there was a very fuzzy line between complainant, prosecutor, and quasi-judicial adjudicator.
Jun '10
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
There should be a Good Taste Commission that fines the theatre for even showing a Tyler Perry movie.
Jul '10
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
Political correctness and the arrogance that accompanies it must be stopped before the government is able to enter your thoughts and dreams and judge them. The technology must only be a matter of time.
Oct '10
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
Smells like the Canadian Human Rights Commission or the Health and Safety nutjobs in the UK.
Thought theatres had installed cell phone jammers.
Aug '10
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
Relativist over reach committees. The attempts to extend power into so many places is patently fascist.
Feb '11
Re: Delaware Supreme Court Smacks Down "Human Relations Commission"
anon_academic
Yes, it's worth remembering that it was various provincial and federal Human Rights Commissions that created all Steyn's troubles. Similarly, in some of those incidents there was a very fuzzy line between complainant, prosecutor, and quasi-judicial adjudicator. · Feb 25 at 8:57am
Recently, the same Ontario Human Rights Commission was overruled by the Ontario Superior Court: "The court found the tribunal’s judgment “fatally flawed” and, most damming of all, that it was “simply not possible to logically follow the pathway taken by the adjudicator.” That doesn’t sound so much like an overruling as an expression of judicial shock and horror, and a none-too-subtle cry for help."
Rex Murphy wrote about case and he titled the article: "Human rights meets their match: The microwave oven", it pretty much nails the absurdity of the decision.
http://fullcomment.nationalpost.com/2011/02/05/rex-murphy-human-rights-meets-its-match-the-microwave-oven/