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Tattoo? No help for you!Follow

#77 Feb 16 2007 at 5:13 PM Rating: Excellent
Nexa
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trickybeck wrote:

Well if he claims the tatoos are an afront to his religion...or something. I didn't really read the article, I just felt like pointing out that gbaji is a tool.


At least you understand that part!

:D

Nexa
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#78 Feb 16 2007 at 7:45 PM Rating: Good
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trickybeck wrote:
Nexa wrote:
I think you're misunderstanding. It would be misconduct for him to refuse services due to the patient's race, creed, color, or national origin...because those are protected classes. It would not be "professional misconduct" to deny services due to tatoos, being fat, being gay, or a midget...just not very nice.

Nexa

Well if he claims the tatoos are an afront to his religion...or something. I didn't really read the article, I just felt like pointing out that gbaji is a tool.


The point I was trying to get across is that the reason he does not want to treat someone with tatoos (or the child of someone with them for DF) is absolutely irrelevant. He has the freedom to make that decision for any reason he wants. For no reason at all if he wants. He can say it's for his Christian beliefs, or because space aliens told him not to. It really doesn't matter.

What matters is that legally he has the right to refuse that service in his own practice. Does it make him an A-hole? Perhaps. But that's largly going to be our assessment of his reasons, not an assessment of his rights. His rights remain in place regardless of how "bad" we view his reasons for exersizing those rights.


The second part of what I was trying to get to earlier is that if we start trying to restrict the reasons for which someone can exercize their rights, we are ultimately destroying the rights themselves. So even if you think his reason for denying service to the child of a tatooed woman is totally nutso insane, he still has that right, and our assessment of whether or not his right is valid should not be based on *why* he choose to apply it, but *what* the right in question is. And, as was pointed out, there is no law saying that he can't deny service on the basis of someone's tatoos/appearance. Thus, regardless of the specifics as to why he did it in this case, he's free to do so.


This logic also nullifies the semi-counter applied in the story, where a second person said that she was a patient of his and also had tatoos. Ultimately, it does not matter either. He's free to be as inconsistent in his choices as he wishes to be as long as he's not violating the short list of things he can't discriminate over. The fact that he *can* refuse service to someone with a tatoo and even that he *did* in this case, does not now legally obligate him to refuse service to everyone with tatoos. He's free to excersize his right whenever and for any reason he wants.
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More words please
#79 Feb 16 2007 at 7:58 PM Rating: Excellent
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He's still a fuckstick.
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#80 Feb 16 2007 at 8:06 PM Rating: Good
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Kween Darqflame wrote:
He's still a fuckstick.


Lol. Certainly. And all the folks who think that denying someone service because they have tatoos can excerize their rights and choose not to frequent his place of business. And all of those who like the fact that he is picky in that way may choose to go to him. It all works out, right?
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More words please
#81 Feb 16 2007 at 11:28 PM Rating: Good
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Quote:
He's free to excersize his right whenever and for any reason he wants.
No, not for any reason he wants.

I know I had to explain it to you several years ago because you didn't know the law existed, but there are reasons for which he can't refuse.


#82 Feb 16 2007 at 11:33 PM Rating: Default
This calls for some Rolling StoneS Tatoo You.

1. Start Me Up Listen
2. Hang Fire Listen
3. Slave Listen
4. Little T & A Listen
5. Black Limousine Listen
6. Neighbours Listen
7. Worried About You Listen
8. Tops Listen
9. Heaven Listen
10. No Use In Crying Listen
11. Waiting On A Friend Listen

Edited, Feb 17th 2007 2:33am by MonxDoT
#83 Feb 17 2007 at 6:02 AM Rating: Excellent
Nexa
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12,065 posts
gbaji wrote:

The point I was trying to get across is that the reason he does not want to treat someone with tatoos (or the child of someone with them for DF) is absolutely irrelevant. He has the freedom to make that decision for any reason he wants. For no reason at all if he wants. He can say it's for his Christian beliefs, or because space aliens told him not to. It really doesn't matter.

What matters is that legally he has the right to refuse that service in his own practice.


I see your point, and also that it is wrong. Patients in private practices are still protected by the ADA, for example.

Nexa
____________________________
“It has always been the prerogative of children and half-wits to point out that the emperor has no clothes. But a half-wit remains a half-wit, and the emperor remains an emperor.”
― Neil Gaiman, The Sandman, Vol. 9: The Kindly Ones
#84 Feb 17 2007 at 9:16 AM Rating: Decent
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I know I had to explain it to you several years ago because you didn't know the law existed, but there are reasons for which he can't refuse.


That was me who explained it to him, actually, although I concede it's highly likely that Gbaji was wrong about the exact same thing multiple times so it may have been both of us.

"What do you mean I can't not hire black people if I want?"

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