SB 110-18: Bar Rescue Act of 2022 (Veto Override vote)

[Mr. Reactionary]

Nay.

I think discrimination in bars is bad which is why I intend to vote against this bill since it purports to allow discriminatory advertising for bars which youd think the sponsor would oppose. Under the Fair Housing Act you cannot advertise a house as being "white-owned" or in a "white neighborhood" even if you are willing to sell or rent to anyone as the reference to race is easily imputed as having a discriminatory effect. If race isnt allowed to be a factor in renting or selling houses, then there is no purpose to reference race in advertisements other than to dog whistle.

The South has an antidiscrimination bill that this is clearly directed at that took the language from the Fair Housing Act to ban discrimination in bars, including the same types of discriminatory advertising referenced in the Fair Housing Act. Again, if sexual orientation is not allowed to be a factor in providing service at a bar, then there is no purpose in advertising the bar as a "straight bar" other than to dogwhistle that LGBT customers arent welcome. Its kind of outrageous that this bill seeks to narrow regional antidiscrimination law. The practice is for the federal government to set a floor for antidiscrimination and then Regions can optionally offer citizens greater protections, yet this bill says the Regions cannot offer greater protections against discrimination.

As long as section 3 remains in this bill, I cannot in good conscience vote for it as it promotes discrimination, prevents the Regions from stopping discrimination, and sends the message that its open season for bars to discriminate. There is no purpose of section 3 other than backdooring in discrimination. Why is it it necessary to advertise yourself as a straight bar or a cisgender bar? Section 1 is what matters and under section 1 bars would not be allowed to discriminate. Great. I fully support it. But section 3 contradicts section 1 in its entirety by saying that bars can totally discriminate in advertising. Thats nuts and it undermines section 1. So again, why is it so important for a bar to say it is a "straight bar" when legally there is not supposed to be such a thing? There is no valid purpose for saying "we are a straight cisgender bar" other than to imply that LGBT persons arent welcome. That is prima facia discrimination and its shocking that a labor party member is the one seeking to legalize LGBT discrimination in bars.

Accordingly, after this amendment vote is done, I move that the bill be amended by striking sections 3 and 4 in their entirety.

[Mr. Reactionary]

The South has an antidiscrimination bill that this is clearly directed at that took the language from the Fair Housing Act to ban discrimination in bars, including the same types of discriminatory advertising referenced in the Fair Housing Act. Again, if sexual orientation is not allowed to be a factor in providing service at a bar, then there is no purpose in advertising the bar as a "straight bar" other than to dogwhistle that LGBT customers arent welcome.

I would be more than happy to change the language of the bill to prevent this, as long as there's a carve out for gay, lesbian, and drag bars.

That would violate the equal protection clause. You have to treat groups equally. You cant say black bars cannot discriminate but white bars can. Similarly you cannot say straight bars cannot discriminate but gay bars can. Thats a prima facia equal protection violation and violates the constitution. If discrimination on sexual orientation is prohibited there is no legitimate reason to advertise segregated bars.

[Mr. Reactionary]

I don't really see how we can get away from bigotry and toward equal treatment for everyone if we keep dividing ourselves on the basis of different, overlapping identity groups.

This bill is meant to prevent bars from excluding people based on divisive, personal identity groups. There will only be one big, beautiful group of boozehounds and bar patrons going forward.

This bill is literally authorizing the exclusion of people based on personal identity groups.