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NBA about to snatch All-star game away from Charlotte

Discussion in 'NBA Dish' started by REEKO_HTOWN, Jul 21, 2016.

  1. tallanvor

    tallanvor Contributing Member

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    the NC law does not speak to this at all.
     
  2. heypartner

    heypartner Contributing Member

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    It is exactly what I said.

    The Charlotte ordinance made LGBT a protected group from discrimination, along with age, race, sex, nationality, religion. HB2 eliminated that by clearly listing what groups are protected from discrimination (removing LBGT from the list) and by saying the State has final say and can override any local government...thus they eliminated the entire Charlotte ordinance, and in the process as collateral damage eliminated the Greensboro, NC and Orange County ordinance protecting veterans from discrimination.

    What exactly do you think this is all about?
     
  3. Commodore

    Commodore Contributing Member

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    again with the euphemisms

    "makes LGBT a protected group" in practice translates to forcing businesses to have gender-neutral bathrooms
     
  4. tallanvor

    tallanvor Contributing Member

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    Again this is incorrect.

    show me in HB2 the verbiage that prevents 'making LGBT a protected group from discrimination'
     
  5. NewRoxFan

    NewRoxFan Contributing Member

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    HB2 clearly states it protects the rights of the following:

    http://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v4.pdf

    It does not protect LBGT in fact its careful wording ("biological sex") specifically excludes transsexuals from protection.
     
  6. LosPollosHermanos

    LosPollosHermanos Houston only fan
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    Why is it that the same posters have such predictable stances?

    I won't say anymore (unlike Commodore) because the conversation has shifted towards D&D.
     
  7. tallanvor

    tallanvor Contributing Member

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    So how does that prevent charlotte from making LGBT a 'protected group'? This was hp's claim.
     
  8. NewRoxFan

    NewRoxFan Contributing Member

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    Correct on both thoughts, moving to D&D...
     
  9. heypartner

    heypartner Contributing Member

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    Why do you have that in quotes? That line is not anything I've written. But that's beside the point.

    The law lists groups protected from discrimination wrt employment and public accommodations -- ""race, religion, color, national origin, age, biological sex or handicap." LGBT is not in the list.

    The law says the State supersedes local govt on issues of discrimination wrt employment and public accommodations. Thus prevent local govt from adding groups to the list. Hence why Greensboro and Orange County can't have anti-discrimination laws for Veterans anymore.

    Both are in Part III of HB2. Do you see it? Or do you really need me to quote it from a PDF.

    http://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v1.pdf

    Of course, it doesn't prevent the State from repealing the law and replacing it with one that lists LGBT as a group together with "race, religion, color, national origin, age, biological sex or handicap."
     
  10. heypartner

    heypartner Contributing Member

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    This

    "The General Assembly declares that the regulation of discriminatory practices in employment is properly an issue of general, statewide concern, such that this Article and other applicable provisions of the General Statutes supersede and preempt any ordinance, regulation, resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State that regulates or imposes any requirement upon an employer pertaining to the regulation of discriminatory practices in employment, except such regulations "​

    and there is a repeated paragraph to address Public Accommodations.
     
    #150 heypartner, Jul 23, 2016
    Last edited: Jul 23, 2016
  11. heypartner

    heypartner Contributing Member

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    Yeah, sure. However you want to describe that. I'm fine with it. My point is that only one part of the issue. That is only one of the provisions of the Charlotte Ordinance, and only one part of HB2. That is all covered in Part I of HB2. It is Part 2 and Part 3 of HB2 that discusses Employment, Contracting and Public Accommodations.

    You consistently only talk about Part 1. Part 2 and 3 are the larger issues.
     
  12. tallanvor

    tallanvor Contributing Member

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    no it doesn't. This says that the state law supersedes any city ordinance (this is always true). As this law doesn't speak to LGBT then it wouldn't supersede any local law pertaining to them.

    there is nothing in this law stopping Charlotte from forcing everyone to have gender neutral bathrooms, they would just have to have single sex bathrooms too because of the law.
     
    #152 tallanvor, Jul 23, 2016
    Last edited: Jul 23, 2016
  13. heypartner

    heypartner Contributing Member

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    That was not always true at all. It was added. That is a new addition, as clearly stated in the bill.

    "SECTION 2.1. G.S. 95-25.1 reads as rewritten:
    30 "§ 95-25.1. Short title and legislative purpose.purpose; local governments preempted."​

    The law "speaks" to LGBT because it does not place them on the list with race, color, etc.

    You are clearly having trouble reading the Bill, and further, just reading what lawyers are saying about it...as well as the 160 CEO's in petition to repeal.

    Why do you think this is such a big issue?
     
  14. tallanvor

    tallanvor Contributing Member

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    I do understand and have read lawyers

    http://dailysignal.com/2016/03/28/nba-threatening-north-carolina-is-textbook-cultural-cronyism/

    you are just extremely confused about what you posted. Like i said this bill does not stop Charlotte from making every public facillity have gender neutral bathrooms.
     
  15. heypartner

    heypartner Contributing Member

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    sigh. You just quoted that single-occupancy restrooms are allowed to be unisex. That's because only one person uses it at a time. You're just confused.

    And what you posted is just a small part of the bill. Read Part 2 and Part 3 that have nothing to do with the controversial bathroom provision. That are about employment and further public accommodations for goods and services (like taxis).

    The bill allows for discrimination in employment practices and access to good and services...and prevent local govt from superseding that. Sorry you're not seeing what Part 2 and 3 of the bill state.

    I'm done.
     
  16. heypartner

    heypartner Contributing Member

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    One more thing from that link you posted. Even your own link shows that the 2nd provision of the Bill makes the State the only rule on discrimination laws.

    http://dailysignal.com/2016/03/28/nba-threatening-north-carolina-is-textbook-cultural-cronyism/

    ----------------------------------------------------
    The second provision—the employment provision—is simply a preference for statewide uniformity. It says North Carolina will have one set of employment regulations for the entire state rather than a multiplicity of additional laws set at the municipal level.
    ----------------------------------------------------

    and further

    ----------------------------------------------------
    Hans Bader (attorney) from the article your referenced notes:

    Preemption of local employment regulations advances important state interests, and has a compelling economic logic behind it. … The North Carolina General Assembly quite properly found that making “that laws and obligations consistent statewide for all businesses, organizations, and employers doing business in the State” will “benefit the businesses, organizations, and employers seeking to do business in the State and attracts new businesses, organizations, and employers to the State.”
    ----------------------------------------------------​

    While he is defending the bill, (which is a matter for debate), he clearly states the bill preempts local govts, which is new.

    and in other writing from Bader

    ----------------------------------------------------
    First, the statute preempts adding any additional protected classifications beyond that provided by state and federal law—not just sexual orientation. -- Bader
    ----------------------------------------------------​

    Here he clearly states LBGTs cannot be added to the protected classifications.
     
  17. Commodore

    Commodore Contributing Member

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    Part 1 deals with schools and government facilities. The NC legislature was concerned that local governments were instituting policies where men/boys could freely enter bathrooms with women/girls in those facilities.

    Part 2/3 dealt with local governments like Charlotte forcing businesses to allow men into their women's restrooms. It says that only the state government has the authority to enact those sorts of laws (not that they can't be enacted if the people want them).

    And let's be real. Silver pulling the game had nothing to do with a city/state jurisdiction dispute. It was about him (or NBA corporate sponsors) showing that he was tolerant of men wanting to enter women's restrooms, and publicly punishing those that disagree.

    I would like Silver to answer:

    Is it NBA policy that restrooms in arenas are gender neutral? If not, why not?
     
  18. heypartner

    heypartner Contributing Member

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    Commodore,

    Have you read the Charlotte Ordinance. Neither it nor HB2 are about only bathrooms.

    In fact, you have the primary goal of HB2 completely turned around. They governor was able to exploit the big controversy over one part of the Charlotte Ordinance to tack on Part 2 and 3 of the bill to preempt any ordinance regarding employment practices and protection over access to public goods and services. Read it.

    When you say "let's be real about NBAs position", you are ignoring that Part 2 and 3 are why 160 CEOs of huge companies petitioned against it based on hurting their job market and why PayPal and Deutche Bank moved out of NC.

    You just saying it's strictly a bathroom issue when the CEO petition, PayPal and DB speak to a larger issue doesn't make it true

    Question to you: Did you read the CEO petition and what PayPal and DB said. Do you have quotes from the NBA that it is strictly a bathroom issue to them
     
  19. Commodore

    Commodore Contributing Member

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    sure, but those other things are not why the NBA is doing this
     

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