JP Schnapper-Casteras Profile picture
Oct 30, 2017 19 tweets 6 min read Twitter logo Read on Twitter
Let's talk about the #MasterpieceCakeshop case at #SCOTUS. It involves a familiar story... <THREAD>
Three customers walk into a small business that sells specialty foods. The owner turns them away or denies access to full range of products.
When the owner is challenged in court, he claims the First Amendment exempts him from public accommodations law. He's described as an artist
This portrays what occurred in 2012 to Mr. Mullins, Mr. Craig, and Ms. Munn in #MasterpieceCakeshop. (Photo via NYT)
But it *ALSO* describes what transpired in 1964 to three African-American customers at a South Carolina BBQ restaurant called Piggie Park
(Photo credit: Randy Nichols / Attribution-ShareAlike 2.0 Generic, CC BY-SA 2.0)
That led to #SCOTUS' seminal case on racial discrimination in public accommodations, Newman v. Piggie Park Enterprises, 390 U.S. 400 (1968)
Piggie Park was owned by Maurice Bessinger, who was deeply religious & believed that racial intermixing “contravene[d] the will of God.”
When a Black Baptist minister sought to enter the BBQ restaurant, Mr. Bessinger stood in the doorway to block him.
For two other African Americans patrons, Mr. Bessinger would only allow them to purchase food if they abstained from consuming on premises
The customers sued, alleging Mr. Bessinger’s refusal violated Title II of Civil Rights Act of 1964 (which is similar to Colorado law here)
When Piggie Park reached #SCOTUS, it unanimously held that Mr. Bessinger’s conduct violated Title II: oyez.org/cases/1967/339 @Oyez
Fast forward 49 years --> LDF files brief in #MasterpieceCakeshop to stress a few points: (1) We've been here before. Piggie Park is central
(2) #SCOTUS should decline the invitation to carve wide exceptions into public accommodations laws. (As it did in Piggie Park) #OpenToAll
(3) The Solicitor General's proposed exceptions (for "artistic" & "custom" products) would quickly swallow the rule. justice.gov/sites/default/…
It's also worth zooming out and remembering what Piggie Park represents in historical context --> progress is possible. #OpenToAll
We (LDF) appreciate that protecting the promise of equal protection & free exercise of religion is critical & delicate task of highest order
Indeed, LDF has both challenged religious justifications for discrimination -- and also filed briefs in many religious discrimination cases
That's precisely why we feel compelled to weigh in & support Colorado & @ACLU. Read the full brief (& press release) naacpldf.org/press-release/…

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More from @jpscasteras

Dec 5, 2017
Walking out of #MasterpieceCakeshop to big crowds on both sides. Arguments ran long and Piggie Park came up several times / THREAD /
.@AllianceDefends starred off and got lots of questions about premade cakes. J. Kennedy inquisitive why that made a difference
Justices Ginsburg & Kagan asked about florists, caterers, jewelers, hair stylists, makeup artists, tailors. Inconsistent answers: baker but not chef is 1A exempt
Read 26 tweets

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