Charles L. Cotton wrote:srothstein wrote:Target1911 wrote:is there anything in law that says he MUST give the class to someone he doesn't want to?
I think so. He can discriminate against political beliefs all he wants. But he cannot legally refuse service against someone on the basis of their membership in one of the protected classes. These include gender, race, color, religion, previous servitude, age (if over 40), and disability.
He can be sued in federal court if he actually does refuse to teach someone the class solely because they are Islamic.
Of course I could be wrong, but I am basing that on my understanding of the current state of civil rights laws and memory of the famous Georgia case where the restaurant three blocks from the highway was ruled to be engaged in interstate commerce since it could serve someone who had driven in from another state. This is well outside my normal areas I deal with, so there is a fair chance of my being wrong.
The Civil Rights Act is the recourse people have, but only if he actually refuses to teach someone.
Chas.
Charles,
Under which Title of the Civil Rights Act would someone have recourse against him?
From what I see, a person teaching a CHL class in his private business does not fall under the Civil Rights Act.
Title I - Prohibits discrimination in voter registration.
Title II - Outlawed discrimination based on race, color, religion or national origin in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce; exempted private clubs without defining the term "private."
Title III - Prohibited state and municipal governments from denying access to public facilities on grounds of race, color, religion or national origin. His classroom is not a "public facility".
Title IV - Regards desegregation of public schools. Again, his classroom is not a public school.
Title V - Expands the Civil Rights Commission
Title VI - Prevents discrimination by a government agency which receives Federal funds.
The only thing I could see would be Title VI, which is a bit of a stretch. I suppose someone could argue that he is licensed by the DPS, and the DPS (I assume) is a recipient of Federal funds, therefore he is acting as an agent of the DPS in his capacity of a CHL instructor and, thus, is subject to the Civil Rights Act. Again, a bit of a stretch.
Now, if the State of Texas has as a requirement to receiving and maintaining the instructor license a requirement to not discriminate based on race, color, religion, or national origin, I could see the State pulling the license, but I really don't see how the Federal law would apply.
“I’m all in favor of keeping dangerous weapons out of the hands of fools. Let’s start with typewriters.” - Frank Lloyd Wright
"Both oligarch and tyrant mistrust the people, and therefore deprive them of arms" - Aristotle
) definition of the interstate commerce clause
