W. Virginia Bans Direct Tesla Sales, With Urging of Car-Dealer Senate President 197
Ars Technica reports that another state has buckled to the auto dealership lobby, though with an interesting twist:
West Virginia became at least the fifth state to ban the direct-sales approach practiced by Tesla Motors following Friday's signature by Gov. Earl Ray Tomblin. ... The bill was championed by West Virginia's Senate president, who is an auto dealer in his home state and Kentucky. ... The legislation says a vehicle maker may not “act in the capacity of a new motor vehicle dealer” or “operate a dealership, including, but not limited to, displaying a motor vehicle intended to facilitate the sale of new motor vehicles other than through franchised dealers, unless the display is part of an automobile trade show that more than two automobile manufacturers participate in.” ... The Palo Alto, California-based electric-vehicle company operates so-called "galleries" in Texas, Arizona, and Maryland because the company's sales practices are barred there, too. Customers can see Tesla cars in these galleries, but they may not order vehicles, discuss prices or take test drives."
Jury Nullification? (Score:4, Interesting)
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Although I could not find a poll for Virginia, a Texas poll [bizjournals.com] showed 85% of people in favor of allowing direct-to-consumer sales of cars.
That poll is likely bogus. A majority of voters in Texas elected politicians who oppose such sales.
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That poll is likely bogus. A majority of voters in Texas elected politicians who oppose such sales.
There are many cases where Congress does things against the desire of the majority. I'm sure Texas is no different in that regard.
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Sure, Guild Navigators get it from the spice.
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Although I could not find a poll for Virginia, a Texas poll [bizjournals.com] showed 85% of people in favor of allowing direct-to-consumer sales of cars.
That poll is likely bogus. A majority of voters in Texas elected politicians who oppose such sales.
A majority of voters in Texas either did not vote because of the political rubbish that makes up the state of politics in Texas and the USA, or did not vote because there wasn't anyone of quality to vote for, or if they voted, they voted for the best of the worst since nowadays there simply is no good politician to vote for. You will find scant few that voted for the person they whole-heartedly wanted in office because they believed in everything they stood for. And you'll find even less that voted them in
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The people of Texas don't care.
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That poll is likely bogus. A majority of voters in Texas elected politicians who oppose such sales.
I'm going to guess that the poll is legit, if you want to see an example of how something can be correct and still get politicians that only cater to a select few, well there ya go.
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That poll is likely bogus. A majority of voters in Texas elected politicians who oppose such sales.
Or maybe those voters made their choices based on other issues, and car dealership regulations were not their top priority. People rarely vote for a politician that they agree with 100% on every issue.
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Although I could not find a poll for Virginia, a Texas poll [bizjournals.com] showed 85% of people in favor of allowing direct-to-consumer sales of cars.
That poll is likely bogus. A majority of voters in Texas elected politicians who oppose such sales.
Umm, the problem is, they elected people they thought were small government, low tax free market politicians.
Turns out they ain't hardly nothin like that. They hate the free market, and if banning a legal product to keep it away from the taxpayers who elected them ,well, they really, really, love big government.
Except in Oklahoma where they are finding out what actually happens when you go down the road they prach.
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Right, but there's been plenty of evidence that these "small government" politicians are anything but, so it's entirely the fault of these idiot voters for believing their lies.
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If you poll the people of Texas, that isn't any good unless the poll is limited to ONLY people who vote, in which case, me and this guy, Fred, in Amarillo lied and stuff.
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So what planet are you from? On this one it happens all the time.
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I get the idea that people don't elect politicians because they will stand for what you want. People elect politicians because they are less against what you want than the other guy. You're basically voting for the least worst person.
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especially when it's likely that both sides are more or less equally bought by the industry...
Sorry, I haven't seen this at all. Please point to any instance where Democratic lawmakers were pushing for banning Tesla (or other automaker-direct) sales. This activity has exclusively been in Republican-controlled states, or at least by Republican politicians.
Yes, politicians on both sides are usually bought by industry interests, but not the same ones. It's only Republicans who support franchised dealerships
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This activity has exclusively been in Republican-controlled states, or at least by Republican politicians.
Wait, what's the bar here? Republican-controlled states, or republicans, so basically it's all the republicans' fault, even in this particular case we're discussing right now, where it's being done by a democrat? You don't seem to realize that both parties are the party of big business.
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Wrong. Who are Texas's Senators? They're Republican. Gerrymandering doesn't affect Senate races, since every voter in the state has an equal vote in that race. Same with the Governor's seat. Same with the Presidential election. Texas consistently votes Republican in all those races.
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Assuming a jury that is against the ban (which is not that certain anyway), the jury traditionally gets specific instructions from the judge. The judge will of course explain them it is not a matter of what they believe, only a matter of whether they think the defendant violated the law. There is little chance a jury would "revolt". A federal law is needed to stop this ridiculous protectionism. Car salesmen do not add value, they only add cost and woe.
No test drives? Open a car rental agency! (Score:2, Interesting)
That way people can at least drive the car.
There are specialized car rental agencies that deal with Ferraris and other high-end cars.
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Rent it for $100 for an hour, or $69,900 for 100,000 years.
Or, sell dealerships for $69,900 with a demonstrator car included.
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Or, sell dealerships for $69,900 with a demonstrator car included.
You have to apply to become a car dealer.
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Rent it for $100 for an hour, or $69,900 for 100,000 years.
Or, sell dealerships for $69,900 with a demonstrator car included.
Actually, I wonder why Musk hasn't created an entirely separately privately owned dealerships in state start don't allow direct sales. He then buys as form tesla and sells them in any manner he wants.
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From the summary he could create another two car companies that would offer a completely crap car from a ridiculous price (or just re-brand Tesla cars if he was being serious) and then he could open his showrooms to sell cars for both companies as "auto trade shows".
Waste That Tax Money (Score:2)
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with the 49th worst median income in the US [wikipedia.org], I doubt anybody in West Virgina will be able to afford a Tesla anyway.
If I Were Tesla Motors... (Score:2)
If I were Tesla Motors (owned it, whatever) I'd park a new Tesla across the street from every new car dealership with large signs saying things like "This Is The Car $DEALERBRAND Doesn't Want You To See Or Drive!".
I'd take a page out of the Saul Alinsky playbook and bus-in protesters to march in front of every dealership every day, plus full-page ads in every paper..
Use a buggy-whip as a symbol for the car makers/dealers to frame them as outmoded and obsolete in the public's eye.
Strat
While I like this... (Score:2)
I'm not sure if I saw a buggy whip, I'd know what it was.
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Just create two other "car companies" that sell re-branded Tesla cars and have the three of them open up a permanent auto trade show in which they would be allowed to sell directly.
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Why bother creating other companies? Just create a trade show for electric-only cars. If Nissan and Fiat (is there anyone else selling 100% electric cars?) don't show up, it's still a trade show. Tesla doesn't compete with the Nissan or Fiat electric cars, yet.
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Think outside the box!
Why not use the IRFA that's been so much in the news lately?
Being able to legally purchase any product directly from the maker if said maker is willing and offers to sell is part of your religious beliefs and practices as a member of the Teslaticular Church of Gedouddamahface.
Strat
It will be easier to buy a Tesla in Cuba... (Score:2)
than in a red state.
That'll show those upper-middle-class types. (Score:2)
Without Telsa, who will compete with West Virginia's single BMW dealership!?! I guess anyone interested in the $70k luxury sedan range will have to drive the extra 56 miles to Ashland, KY if they want the full range of options. I sure hope they can afford the gas...
i can't belive it. (Score:4, Interesting)
In a state where coal is king, you ban the direct sale of electric cars.
Journalism. :( (Score:5, Interesting)
What does it mean when a politician does something bad (by the standards of the reporter) and no party is mentioned?
That right! Earl Tomblin (D).
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Just goes to show that personal enrichment is higher on the average policician's priorities than ideology for all parties.
Commentary. :( (Score:2, Informative)
Who is the unnamed West Virginia Senate President and auto dealer in West Virginia and Kentucky?
That's right! Bill Cole (R).
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It means we don't give a flying fuck which flavour of corrupt cocksucker is in office.
Why do you? You think putting (R) after someone's name makes them fucking perfection personified, the second coming of Jesus and above all critique?
Just fucking get over it.
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Subsidiary (Score:2)
Can someone please explain to me (Score:2)
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How is that states can pass laws that relate to in-state sales of cars to consumers, but apparently laws that relate to in-state sales of drugs to consumers are pre-empted by federal law?
Because there is no federal law explicitly granting the right of direct sale of cars to consumers. Also, because you're talking about permission rather than prohibition; the sale of marijuana in Colorado and Washington is legal under state law, and so will not incur prosecution by the state. It's still illegal under federal law, and can still be prosecuted in federal court under the theory of concurrent jurisdiction. The states' laws are not "pre-empted" by federal law; rather, federal law creates an ent
"How politics works" (Score:2)
I just finished my taxes. Going over the available deductions, I was (darkly) amused at how clearly organized interest groups get their pet deductions put in the federal and state tax codes.
"Drag a hundred-dollar bill through a trailer park, you never know what you'll find." -- James Carville.
The same statement is applicable to federal, state and local legislatures.
Change your branding Elon (Score:2)
Don't brand your cars as Tesla.
Give each model it's own brand name, produced by a separate company. You'll be able to have auto shows all over the country.
Or say a big fuck you to protectionist lobby groups and their anti-free market laws and move your company to Europe.
Re:Customers... may not... discuss prices? (Score:5, Interesting)
The Interstate Commerce Clause doesn't require the feds to regulate any and all matters of interstate commerce, it just gives them the authority to, if they so choose. Without any contradictory federal legislation there is no conflict, and no case; but if there were I'd be shocked to see a commerce clause argument fail.
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Congress would never pass a law like that. It lacks a snazzy ironic acronym.
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If Congress were to pass some 'Free Sale of Vehicles and American Free Enterprise Act'
I would be surprised given the amount of money car dealers donate to politicians.
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Who ever offers the best service at the best price is going to get my money. Buy American, buy local just because? I say Fuck No!
Re: The future is here (Score:5, Insightful)
The purpose of government is to privatize gains and socialize losses. Whenever they think they can get away with it anyway.
In this case, they did. The folklore schools teach about rulers as moral betters is starting to wear quite thin. Dynamic systems undergo state changes rapidly. Be aware.
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"state changes"
I see what you did there.
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The folklore schools teach about rulers as moral betters is starting to wear quite thin.
Frequently, rulers *are* moral betters. Look at Egypt: when the people there had democratic elections, they elected the Muslim Brotherhood. Luckily, the military staged a coup and took over. In Palestine, they elected Hamas. And here in the US, all these politicians who work to privatize gains and socialize losses are -- wait for it -- elected by the people!!!
As seen in places like Egypt, Zimbabwe, and the USA, letti
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There is no democracy in ignorance. Allowing news organisation to with hold the truth and lie is, whoops, has, destroyed the American democracy. News organisation should be actively prosecuted for lying, it is factually fraud based upon what they are selling.
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Sorry, but the US Supreme Court has already ruled (for Fox News) that news organizations are under no obligation to print the truth, and can just make up whatever they want.
Re: The future is here (Score:4, Informative)
Not just Fox News.
Read recently that Harry Reid, when Romney was running for President, said that Romney had paid no income taxes for the last ten years.
The media ran with it. Without checking. Turns out that it was false, and that Reid knew it was false when he said it.
When he was asked whether that sort of thing was justified in politics, his response was "Romney lost, didn't he? Of course it's justified"....
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Of course when Harry Reid said that Mitt Romney was refusing to release his tax information.
When he finally did release his tax information we learned that his effective tax rate was less than 15%.
Mitt Romney has a lower effective tax rate than I do, and possibly lower than yours despite making much more money.
Personally I see that an outrage but corporate bootlickers like yourself just can't stop felating the wealthy. Why? Because you are a pawn, a rube employed by the wealthy to paper over the injustices
Re: The future is here (Score:2)
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Authoritarian scumbags usually claim they're only taking over the country for the good of the people.
Guess what? They're lying.
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Well, anyone who isn't Islamic seems to be doing a lot better under Egypt's military rule. Islamist governments aren't known for protecting non-Muslims.
Which is worse, the tyranny of the majority, or the tyranny of an unelected cabal?
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Basically, this amounts to a No True Scotsman fallacy. The exact same thing can be said of US elections, and people complain about this all the time: "all the choices are bad!!"
Well, show me a majority of democratic countries where the people actually have really good choices, and where the names that appear on the ballot aren't rigged in some way. What you're describing is a problem with probably most democratic nations.
Democracy isn't worth much if it only works well in some fairy-tale country that does
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I heard an interesting interview with an Egyptian woman who was protesting against the Muslim Brotherhood. She said they voted for them (as did many of her peers) as they came across as being fairly progressive. It was only after they got into power that she realised what a mistake the country had made. They then looked at other countries where the MB had gained power and saw the the same pattern. She said if the country had realised what the MB actually were, they wouldn't have come to power. Basically, th
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That acutally sounds like a really good summary of modern democracy...
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(Even more so when you can act to hobble the future just a bit, locally; but also have the resources to enjoy its fruits by importing them from other areas if you desire. It's like asking "Why do the dictators of ghastly hellholes not try to improve their countries? Don't they want to be the ruler of a better and more prosperous, healthy, etc. country?" They don't really need to care; because they have enou
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This isn't thinking in the 50's this is standard modern political thinking. Protect profit. The politician is the president of the West Virginia Automobile & Truck Dealers Association and apparently owns dealers in Kentucky.
Tesla basically had ZERO chance here.
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Cole is in the West Virginia Senate, Cole's dealership is in Kentucky, so technically it's not a conflict of interest. Some might say that he's a subject matter expert.
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In reality, the difference between a privately owned and operated franchised dealership and a company owned dealership is minuscule. The franchisee buys from the manufacturer, finances through the manufacturer, the franchise, the floor-plan, the parts, the tools and provides all of the mandatory employee training. Any time the Franchisee does anything the Manufacturer doesn't like they can shut the franchise down.
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Only by people like me who are constituents....
Earl Ray IMO is a "company man" from Logan County (the county where the most mountain top removal is happening). He was the president of the Senate here for ages before taking over for Manchin. It needs to be stated that this year was the first in over 3 decades that both houses went Republican in WV and they have done nothing but passing idiotic laws to include getting rid of the conceal-carry laws and gutting the above ground storage tank law that was passed
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Re:Smart move! (Score:4, Informative)
So, basically, they are FORCING people to buy the Teslas in another state, thus screwing themselves out of several thousand dollars worth of sales taxes per car?
Wrong. You pay sales tax based on your residence, not the location of your purchase, for things like cars. Try going out-of-state and buying a car and verify it for yourself: the dealership collects sales tax based on your residence, and remits it to that state.
States don't bother enforcing this for things like groceries and other small things, because it's impractical. But for cars, they certainly do.
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So, basically, they are FORCING people to buy the Teslas in another state, thus screwing themselves out of several thousand dollars worth of sales taxes per car?
Wrong. You pay sales tax based on your residence, not the location of your purchase, for things like cars. Try going out-of-state and buying a car and verify it for yourself: the dealership collects sales tax based on your residence, and remits it to that state.
States don't bother enforcing this for things like groceries and other small things, because it's impractical. But for cars, they certainly do.
Alternatively, some states collect sales tax when you register the vehicle. If you get a Manufacturers Statement of Origin and register the vehicle yourself you pay the taxes then. Dealers on't generally do that because they want their $440 document fee (i.e.e extra profit since it is real cheap to send someone to the DMV and drop off the paperwork or simply mail it in) that is printed into the contract so "it has to be charged;" unless of course you get up and start to walk put on the deal because the end
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I'd be surprised if not all states collected sales tax when you registered the vehicle. I just went through this in VA. You have to pay sales tax on either the car's price paid, or its blue-book value, when you register. However, there's several exceptions, which most people probably qualify for: if you bought the car within 12 months and can prove you paid sales tax in another state, if you bought the car more than 12 months ago (and can prove it), etc. Basically, they're trying to catch people who go
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Wrong. You pay sales tax based on your residence, not the location of your purchase, for things like cars.
I don't live in the US, but have a shipping forwarder address in California for buying stuff online. I always get stung for California Sales tax even though I don't live there.
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Individual states aren't shorted sales tax when a resident buys out of state. If a new car is purchased from a state other than it's registered in, tax is forwarded.
Re:Why do people like you hate people in Indiana a (Score:4, Informative)
In my opinion the more Christian someone calls themselves the less like Christ they act.
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Specifically, the more they hate anyone else.
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They don't need a passage in a book to justify discrimination. They simply need to state it's their religious belief. The problem with the two most recent laws is that it makes this type of discrimination a defense against civil tort and doesn't provide protection for legally protected classes. This is the difference between the federal law and what the states are recently passing.
The important bit here is that when amendments were offered to prevent this discrimination and make the law look and act like th
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That would be a business providing goods and services to the general public.
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Why do people like you hate people in Indiana and Arkansas? Do you hate just Christians? Or is it just Jews and Christians? Or people of all faiths?
We don't hate christians, We don't people who think it is a right of theirs to deprive others of their rights. Hypocrites.
A lot of fundamentalist Christians just happen to be hypocrites. And you do such a good job of hating that we don't need to. You are just so full of hate that you think everyone is.
You'd be screaming like a stuck pig if people refused to sell to christians.
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people who think it is a right of theirs to deprive others of their rights. Hypocrites.
So - for example - if a baker were to refuse to bake a cake for a gay wedding, that would mean that this couple would be unable to marry?
So for example, if a baker refused to bake a cake for a fundamentalist Christian couple, that would be prefectly okay?
It's one of the problems of people of great faith, I was raised by them, and they believe that they do have the right to do whatever they want to to those they hate.
Or did you mean that since gay people can now legally marry, that anyone who sells custom cakes is compelled to bake a cake for them? In essence, the gay couple's rights deprive the baker of theirs?
Tell me, would you support a law that didn't allow Christians to marry? Or not allow to be sold to because they were Christian? Careful that one's got some history.
Of course you wouldn't. I wouldn't either. That's because I believe all people have fundamental rights. even gay people. Or balck people. Or Jewish people, or atheists. Even Eskimos and Canadians.
Christians didn't invent marriage, so you don't get to define it. And the ban on gay marriage was an old testament religion based discrimination that needed to go.
But as for selling a cake to a couple homosexuals, the last time I checked, their money was just as good as anyone else's. I'd sell to them, I'd sell to you. As long as it's lawful, no reason not to.
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So for example, if a baker refused to bake a cake for a fundamentalist Christian couple, that would be prefectly okay?
Absolutely.
It's one of the problems of people of great faith, I was raised by them, and they believe that they do have the right to do whatever they want to to those they hate.
Enh, not so much. Declining to participate isn't so much doing to someone as it is not doing. The baker isn't stoning the prospective customer, flogging him, or even raising public sentiment against him; the baker is just saying "hey, I don't want to be a part of this; why don't you take your money to our competition instead?"
But as for selling a cake to a couple homosexuals, the last time I checked, their money was just as good as anyone else's. I'd sell to them, I'd sell to you. As long as it's lawful, no reason not to.
So would I. But if a business owner doesn't want to take a customer's money, preferring instead that it go to his competition, it seems like that's a problem that will so
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So for example, if a baker refused to bake a cake for a fundamentalist Christian couple, that would be prefectly okay?
Absolutely.
Good, we have a baseline. Now the next question. Is it acceptable to refuse to give say, insulin to a diabetic gay man?
If he dies because of that, is that an acceptable outcome? If it is not perfectly acceptable, then why?
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"Let's turn it around - suppose a gay person owned a custom T-shirt shop. Could they refuse to print up 100 T-shirts with anti-gay slogans on them?" - thats not a "turn around", its an apple and oranges example. If the gay cake was to say "up yours christian biggots," then you'd have a comparable analogy.
Good point.
I really suspect that what got this started was that the gay couple came in, and in true fundamentalist fashion, they not only got a refusal, but probably a holier than thou lecture about it.
I don't see gay people marching or getting together to restrict Christian rights. The other way? Hell yeah.
Well, except for that one where Christians think they have the right to remove other people's rights.
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So now simply saying "Sorry, I choose not to provide this service at this time" is "doing whatever they want to those they hate"? Um, sure.
Ah, but now you are modifying things a bit. Some years back, I had a Photography/Video business. And that gets inot the wedding trade. After I was established, I could see red flags with some customers. You might be surprised, but there are a lot of assholes in this world, who are alomst impossible to work with.
So I was already booked that weekend. Or I thought that
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It would be even cheaper to get a competitor to go with them. Roy Brizo Hot Rods LLC, for example.
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That's what I ran into years ago when I ordered my Prius. I could get any car I wanted as long as it was white or possibly black. I wanted neither and a certain set of options. I had to wait 6 months to get the car I wanted, and it was my 3rd choice for color. They kept offering me white cars which I didn't want.
When I ordered my Tesla I chose exactly what color and options I wanted. I still had to wait 6 months but I got exactly what I ordered. The service I've gotten from Tesla is far better than the serv