February 25, 2011

Fun with the Delaware Human Relations Commission

Be sure to read through the Delaware Supreme Court's decision regarding that preposterous "racist sold-out movie announcement" that remarkably went before the Delaware Human Relations Commission. Try not to chuckle at lines such as the following:

  • The Appellants’ specific claim is that Stewart “insulted, humiliated, and demeaned” them by making a public announcement asking a movie theater audience to turn off their cell phones, remain quiet, and stay in their seats before a movie showing at the Carmike Cinemas Dover location.

How dare theatre manager Stewart make such a "racist" public announcement!

  • All the complaints alleged a violation of Section 4504 of the DEAL, specifically, that Appellants were denied access to a public accommodation (Carmike Cinemas) based on their race or color, because Stewart delivered his announcement in a “condescending tone” that deprived Appellants of their right to equal accommodations.

How is remaining in the theatre and watching the film you paid to see a "denial of access to a public accommodation?"

  • In determining that Appellants had been denied access to a public accommodation, the Commission found that although all Appellants were permitted to watch the movie, the circumstances under which they did that were “hostile, humiliating, and demeaning,” and thereby constituted “receiv[ing] services in a markedly hostile manner and in a manner which a reasonable person would find objectively unreasonable.”

Or, in the Commission's case, which unreasonable idiots would find subjectively unreasonable. Which the Delaware Supreme Court definitively smacks down here:

“Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” We do not “weigh the evidence, determine questions of credibility, or make [our] own factual findings.” Rather, we determine “if the evidence is legally adequate to support the agency’s factual findings.” Where the findings are not supported by substantial evidence, or are not the product of an orderly and logical reasoning process, “then the decision under review cannot stand.”

Maybe the Commission can now find the Delaware Supreme Court in violation of the Delaware Equal Accommodations Law because it sure appears as if the court "insulted, humiliated, and demeaned" it, not to mention used a “condescending tone.”

Posted by Hube at February 25, 2011 01:13 PM | TrackBack

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