Chick-fil-A is targeted for its faith yet again.
by John Klar
A New York statute targeting Chick-fil-A for its Christian faith turns American history—and Constitutional law—upside down. The “Rest Stop Restaurant Act” seeks to compel food service providers to stay open seven days a week in publicly-owned rest areas and other facilities, or be denied contracts to provide services. This is not merely an attack on the faith of a private business chain; it is an open war against fundamental constitutional liberties.
New York Blue Laws
Historically, American colonies widely implemented “Blue Laws” that forbade trade on the Sabbath day—Sundays. Blue Laws compelled days of rest: New York banned Sunday sales of goods in 1656, and enacted the first official “state Sabbath law” with the “Statute for Suppressing Immorality” of 1778. New York now seeks to compel businesses to sell goods on the Sabbath, a sort of Established Church of Mammon.
It is hard to imagine that courts will approve a government’s power to compel business opening hours any more than compel speech (or abortion). Supreme Court precedent firmly holds the opposite: states can impose a day of tranquil rest. New York is flouting well-established law. In the 1961 seminal case of Braunfeld v. Brown, liberal Justice Earl Warren observed:
[W]e cannot find a State without power … to set one day of the week apart from the others as a day of rest, repose, recreation and tranquillity [sic] — a day when the hectic tempo of everyday existence ceases and a more pleasant atmosphere is created, a day which all members of the family and community have the opportunity to spend and enjoy together, a day on which people may visit friends and relatives who are not available during working days, a day when the weekly laborer may best regenerate himself. This is particularly true in this day and age of increasing state concern with public welfare legislation.
Compelled to Work?
In contrast, New York Democrat Assemblymember Tony Simone argued that allowing a restaurant to be closed is “just not in the public good” and that “not only does Chick-Fil-A have a long, shameful history of opposing LGBTQ rights, it simply makes no sense for them to be a provider of food services in busy travel plazas.” This openly discriminatory statement follows a previous New York effort to prevent Chick-fil-A from opening facilities at these exact locations! Despite attacks on the chain by leftist extremists, it remains the most popular fast-food chain in the nation, favored for its outstanding customer service.
This fast-food statute perverts Justice Warren’s concern for public welfare, advocating round-the-clock business over rest. Instead of boycotting Chick-fil-A for its Christian views, its attackers are demanding it open its doors and earn more profits. Chick-fil-A has observed the Sabbath since its 1946 founding so that employees can “enjoy a day of rest, be with their families and loved ones, and worship if they choose.”
This sounds much like the value upheld as a legitimate state interest by Justice Warren, who also warned of the potential for abuse:
[W]hen entering the area of religious freedom, we must be fully cognizant of the particular protection that the Constitution has accorded it. Abhorrence of religious persecution and intolerance is a basic part of our heritage.
If the purpose or effect of a law is to impede the observance of one or all religions, or is to discriminate invidiously between religions, that law is constitutionally invalid even though the burden may be characterized as being only indirect.
An Unconstitutional Effort
New York’s insulting effort to compel Sunday openings is constitutionally dead on arrival as it collides headlong into solid legal precedent. Braunfeld and other precedents banned Jewish merchants from selling their goods on Sunday; now New York seeks to do the exact reverse. Justice Warren did not identify a state power to compel commerce, let alone in derogation of established religious practice. He did however roundly and specifically condemn precisely the kind of overt prejudice exhibited by the New York legislators supporting this discriminatory bill.
The author is a Brookfield best-selling author, lawyer, farmer and pastor.
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Categories: Commentary, Faith
Chick-fil-A seems to have done quite well so far operating without violating the principles upon which it was founded. If it’s able to succeed (even in Godless states like New York) then what interest does the government have in removing choice from its citizenry?
We know the answer to that, don’t we, and Tyrant Tony accidentally let it slip. This isn’t about Sundays at all. It’s all about the alphabet people. Alphabet people don’t like Chick-fil-A, do they? Why? We’re not sure. Maybe one of the transgenders got misgendered or offended by the upbeat farewell “Have a blessed day!” Regardless, they don’t like it, so no one should have it.
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.” — Churchill
Blue laws are stupid and unconstitutional, which is why they don’t exist anymore.
It’s really simple, if the contract requires you to be open seven days a week and you can’t fulfill those requirements because your gimmick is that you’re the self-proclaimed “lords chicken” then no contract for you. Boo-hoo Popeye’s is way better anyway
While the Supreme Court has acknowledged the overtly religious origins of blue laws in McGowan v. Maryland, they were upheld as advancing the secular purpose of creating a uniform day of rest.
“By the 1960s, however, the states that still had Blue Laws had all asserted, and demonstrated, that the purpose of those laws was to create a civil day of rest for the betterment of society. For this reason, in each of these cases, the majority of the Justices ruled that the states’ Blue Laws were constitutional.”
This is true, however insincere. Do you ever notice that when you go to Rhode Island or CT, that you can’t buy alcohol in store, but you can in a restaurant? Was that God’s will, or greedy restaurant owners? That being said, Chick-Fil-A has an obligation to be open on Sundays in NY if it fulfilling a government contract. That Rep showed his hand with all the “LGBTQ hate” (which I don’t think corporations can hate) but if the rest stop is open seven days a week, so are you or we’ll put a McDonald’s in there.
On another note, maybe Guy should start giving John topics to pontificate on because every time he does one of these, it shows why he doesn’t practice law anymore.
You hide behind a pseudonym and should be banned here. You do nothing but insult.
Scott, I don’t use my last name because unlike most people here, I’m not seventy-five and have an actual job and responsibilities. Sorry that I’m not a sheep, if you don’t like it, don’t comment. I did notice further down the page that you agreed with me, so there is that.
Explain to me how I am wrong that a company does not have a constitutional right of religious freedom to sell crappy, fast-food chicken on its own terms in defiance of the government-funded rest stop please.
Mr. Rosenthal, I totally agree with you. I decided some time ago that if my words were to mean something… anything, then I had to accept all the consequences. If I couldn’t accept the consequences, I kept my mouth shut.
I had to have the courage of my convictions and stand behind my words. Otherwise, one lacks integrity, honesty and forthrightness. Other’s like to blame everyone else on the planet except themselves. It is the world we live in now.
And my generation and the one before are responsible for those that lack good character. Or at least we bear some blame. They are all grown up now supposedly, and need to take responsibility for themselves and stop thrashing their parents. I would love to be able to say my children are of good character, but sadly, they passed away before they were born. I hope that I would have taught them properly. We see the result of what happens when consequences are not applied.
Respectfully,
Pam Baker
P.S. Learning what a constitutional right is would have been one of the things I would have educated my children on from an early age. That and what a contract is and isn’t.
I just hope they are replaced by a business that has decent food. Last time i tried to eat at Chick Fil-A i nearly choked on their dry chicken.
In sobriety, these franchises are to accommodate travelers. A restaurant open on Sundays is essential.
I always hear people around orange county making fun of John Klar. This op-ed gives a lot of context to why that is.
You actually don’t have a constitutional right to have your fast food chain in a state run highway rest stop. This company is free to dictate it’s business hours on any private real estate it chooses to buy. If you’re leasing space in a publically owned rest stop you should be open every day. People need those services every day. If your religion prevents that it is not become every other tax payers problem. It’s your problem.
Re: “You actually don’t have a constitutional right to have your fast food chain in a state run highway rest stop.”
No. But Chickfila does have the right to enter into a contract with the NY Thruway Authority to have its fast-food businesses in the State-run highway rest stops. And that’s what the State and Chickfila did with a contract specifying that Chickfila will be closed on Sunday. As Milton Friedman opined:
“The key insight of Adam Smith’s Wealth of Nations is misleadingly simple: if an exchange between two parties is voluntary, it will not take place unless both believe they will benefit from it.”
Apparently, both the State and Chickfila decided they would both benefit from the relationship… even with Chickfila being closed on Sunday, and despite anyone else having a ‘problem’ with that.
When the current contract expires, the NY Thruway folks can write a new contract with revised specifications… with whatever fast-food enterprise wants to do business with it.
Thank you Mr. Eshelman, you beat me to it! Simple contract law. Another point is that none of these restaurants are open 24 continuous hours. Is that a “constitutional violation”? Since the highway is open 25 hours, does the business need to be.
Respectfully,
Pam Baker
Correction: “Since the highway is open 24 hours (not 25), does the business need to be?
Re: “Correction: “Since the highway is open 24 hours (not 25), does the business need to be?”
If the contract requires it.
Otherwise, it’s not a constitutional issue.
Beating around the bush gets people nowhere. This is an attack on Chick-fil-a simply because they are outspokenly Christian. The state of NY should think twice. This may very well turn out to be a ‘BudLite’ moment for them should this legislation pass.
Stupid blue laws? the lords chicken ? Way better Popeyes?🙄,…..Reminds me of Rufio on the island of lost boys, talking smack to Peterpan.🤣🤣
I think the rancor on this NY “rest stop” issue is ironic. Governor Dean shut down rest areas all together and many in Vermont remain shut down, no attendants, no food or beverages, maybe a porta-potty (yuk!) Nothing in Vermont is open 24 hours anymore expect maybe a convenience store in more populated areas. New York has a litany of problems beyond a corporate fast food chain. See the story about the tunnels found under the NYC synagogue? Some have “religious” freedom, some do not – gee, I wonder why? Reconcile that one and seek the real Truth.