Whose Rights !!

Consider a banker oh even a florist say
A small business owner you know the kind that Indiana republicans love to worship.

Now it is possible that this business owner has not incorporated in some way ( S corp LLC what have you ) but the chances of that are oh so so rare that we can ignore it for the purposes of this argument .)

The standard right wing (and libertarian trope ) is this bullshit idea that the business owner should have rights to association blah blah blah and should be able at the end of the day to be a bigot and or a racist and refuse to serve anyone

I wholeheartedly agree, the business owner should have that right 100% absolutely

But and this is where I think a lot of arguments miss the point what about the business itself , does it have the rights to be a bigot?

Wait !!! what you say?
Come I will hide nothing from you , follow me if you will…

SCENARIO 1

A customer walks in one day slips on a piece of  a used condom ( well I guess a wet floor would be more likely though ) proceeds to go sailing through the air rather spectacularly lands on his\her ass  and discovers that real life is nothing like a cartoon and  promptly needs surgery

After consulting with a friendly attorney ( better call saul ) this customer sues!

Question : who do you think gets sued , has liability  and has to pay in the event of losing the case. That’s right kids if you guessed the business go to the front of the class

SCNEARIO 2 : The small business owner takes a business loan and then finds out there is no market whatever for naked overweight male housecleaners. Defaults on his\her loan.
This is not problem for the bank because you know they can go after the business owners personal asset\house etc

BZZZZZZ ! GO to Jail DO not pass GO DO not collect 200!!

Turns out that since the business took the loan EVEN THOUGH the small biz owner made all the decisions and boy were they some decisions , the owner has complete limited liability and can the business can ( in many cases should ) promptly declare bankruptcy and get out of the debt with nary a problem

Now to be clear Limited Liability is a very very good thing ( I say this as someone who has been sued ). But lets ask our self what this means, it means if a gay person lends ( you don’t have to be gay for this example to work BTW  ) a baker friend of his money and the baker is like “Well just make out the cheque to OverNighTunaSandwichBakery it just makes the book keeping ally nice and tidy “ , and then it turns out an overnight tuna sandwich place which does not do delivery,  typically goes broke in no time.

Why in that case the gay friend is just plain out of luck . He can keep trying to tell everyone that he lent money to a friend so he should be able to get the money back from his friend but the law will chuckle at his naivety   and refer him to the notion of limited liability

Which brings us back to “Whose rights” are we talking about exactly here

When it suits the business owner apparently its ok to say “Yeah no, I know you spoke to me , and gave me money but I mean if you think about it corporate personhood my dear fellow  so You know I am not really my business you see”

But on the other hand when it comes to not serving someone  “yeah no that’s  all me and I own my business so I damn well get to say who gets in and who gets out”

So I will make a deal with all business owners ( it should be noted that this deal is somewhat limited in scope given the legislative and executive authority I posses but still )

Your business gets to be a bigot ( sorry share in your values )with you if your assets and the business assets also get to have joint liability

As long as you keep claiming those two are separate you have given up on any right to insist your business has the right to discriminate

Its really that simple !!!