“Reclaiming our humanity via death…”
Damn.
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That article doesn’t specify whether or not the private cemeteries can discriminate under the civil rights act, or, if so, under what circumstances. So it doesn’t tell me “whether cemeteries can legally discriminate by some ruse of being a private club.”
However, public use rather than ownership determines whether a cemetery is public. Thus, a cemetery, though privately owned or maintained, may be deemed a public cemetery if it is open, under reasonable regulations, to the use of the public for the burial of the dead.
A cemetery, though privately owned, is properly classified as a “public cemetery” where it consists of a great number of burial plots or sites sold and for sale to the public.
So if you have a private plot for your family, not subject to being considered public - because you own the land, though it’s zoned for burials - you are not, presumable opening to people not in your family. If you sell to the public in any capacity, it is subject to the CRA. Do people try and game this? Probably yes, because white people suck, but it seems pretty clear here how the CRA might apply.
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Still doesn’t answer whether or not a cemetery could use a “private club” to discriminate, which is specifically what I was referencing, and am still referencing.
I don’t think the cemetery in the OP is anything other than a public accommodating subject to the CRA, but I am wondering if there are loopholes that racists can continue to use the way they do so with golf club memberships.
I think we are talking cross purposes. You are referencing, I think, only the instance in the OP, but I’m looking at the larger issue of how some discrimination is still legal via loopholes.
Not if they sell to the public in any capacity.
Do people try to game this and claim it’s private? Probably, but it seems pretty clear to me. I, of course, can’t find you ever single example where people might try to do so, because then I’d be here through this pandemic and into the next one…
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As I ninja edited my earlier post: I think we are talking cross purposes. You are referencing, I think, only the instance in the OP, but I’m looking at the larger issue of how some discrimination is still legal via loopholes.
Okay. If you say so.
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I’m pretty sure the post did answer that question, and quite thoroughly.
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I read the link, and the civil rights act was not mentioned nor was discrimination. Nor were private clubs.
A cemetery isn’t a club. There are clear instances where one can keep others out and that is when it does not serve the public in any capacity. That seems pretty limited to family cemeteries or those only open to members of a particular church, but the latter goes out the door if plots are sold to the public in general.
The original post was very much a case of people attempting to enforce a whites only policy in a public space by claiming that they bylaws of the cemetery allowed them to do so. So it was very much an attempt to use “it’s a private club” justification, which went down in flames because this cemetery serves the public.
I don’t really think you can compare a cemetery and a golf club, given the very different roles played by these two institutions in society. One is a basic function of any society. The other is a bunch of rich assholes hitting a stupid little ball around.
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Thanks for posting that; it hit some valid points that I hadn’t thought of before.
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Then you were looking for the wrong thing. It clearly indicated that cemeteries that sell plots are public accommodations. At that point, there is no need to cite the CRA, because the CRA covers all public accommodations.
A private club that sells cemetery plots would therefore be a public accommodation and fall under the CRA. Why are you trying to over complicate this?
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Again, I think you are referencing the instance in the OP rather than thinking of what racists might do to get around the law. (I’m not defending either, BTW, since I’m not in favor of segregated anything but rather trying to discover the contours of the law one way or another.)
A private club might be able to have plots that are a membership benefit of some sort and are, thus, not sold to the public. So the article does not establish whether or not a private club could have a whites only cemetery, based on the whites only membership of the club.
IANAL, so there I expect there totally is law one way or another on this that I’m ignorant of vis-a-vis private clubs and cemeteries that do not sell to the general public, but I’ve not seen it cited yet.
The Dispossessed might make you an anarchist.
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If that’s what you’re looking for, The Comprehensive Guide To Racist Loopholes and Dodges, good luck. Don’t hold your breath.
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That’s ultimately the topic we’re talking about. Which is how racists use to use the law to try to get away with what they want to get away with. And by knowing the countouts of the lsw we can work to try to prevent that from happening. But please don’t try to falsely cast me as racist, uf that’s what you’re doing, because that’s not my intent nor has it been a part of anything I have written.
No, I think only you are talking about that topic in this thread, and that might be part of the problem.
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