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March 14, 2014

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Only bald libertarians who secretly long to be dominated and whipped by a prostitute who dresses up like an IRA auditor with the "Ballad of the Alamo" played full volume during the festivities,

https://www.youtube.com/watch?v=PbX1JKknS04

IRS auditor.

IRA auditors would only be today on St. Patty's Day.

St. Patricia's Day?

Only bald libertarians who secretly long to be dominated and whipped by a prostitute who dresses up like an IRA auditor with the "Ballad of the Alamo" played full volume during the festivities,

...and my hair is getting thinner every day. Unsettling vision of the future, to be sure.

Could you elaborate on why you view it as a right to engage in business with a specific person?

I don't. At least in the sense of a constitutionally protected right.

However, I also don't see any particular right that a "public accommodation" business owner has to NOT engage in business with a specific person.

That being so, I'm fine with laws that say they must.

As a practical matter, I think we land at about the same place on the issue.

I hope Charleycarp will stick around.

As a practical matter, I think we land at about the same place on the issue.

We seem to, yes. And it also seems I've beaten this particular subject to death. As always, it's enlightening and challenging to discuss these things.

For me, anyway. YMMV.

As long as hay can be made from it, the topic will get revived. And it's always useful to have several such themes available. Outrage rotation, you know ;-)

Where prostitution is legal, can potential customers be refused for any reason or no reason at all?

Now there's a fascinating question, and I wish I had the time to look into it. Federal law would not apply to solo hookers, since it defines an "employer" as, leaving some techniclities aside, an outfit with 15 or more employees. If Silky the Pimp runs 20 hos, there may be a question whether they are employees or independent contractors. I don't know how they run things at any of the legal brothels in Nevada, and I don't know anything about Nevada state anti-discrimination law. But one of these days, if I can spare the time, I'll definitely look into it.


Over here the question came up too when organized prostitution was still illegal. There was a cafe in Berlin that was known to to be the place where the ladies and the clients met to contract (literally and/or methaphorically) while the sex act happened in a house behind the one with the cafe. The (female) owner of the cafe was iirc also the owner of the flats in the house behind that she rented out to the ladies. The question was, whether she was thus running an (illegal) brothel and what would be the legal factors determining the answer. Iirc the whole thing became kosher with just a few tweaks of the model.
Legally the contract between a prostitute and client was nil and void by definition (sittenwidrig = legally immoral), so formally the sex act was not a business transaction but a (consensual) private one and the payment formally just a gift that a client could simply refuse to hand over (thus the strict cash first policy).

thus the strict cash first policy

Our colloquialism in the US for this kind of arrangement is, conveniently, "tit for tat".

I suspect that prostitution is still illegal in most places over here because people are afraid of the temptation for moral hazard. It'd be nice for the whole self-control notion to catch on a bit more.

We don't, after all, make alcohol illegal (anymore) because of the moral hazard.

Regarding substance abuse: I like the Louis Wu model of coping with/accommodating addiction. But I do realize that's fiction.

That's very kind, Laura.

Hi Charley!

Hey, Ugh!

I don't know of any state that has a statute read anywhere nearly as broadly as the Unruh Act. DC includes personal appearance as a protected category, so I guess you can't fire someone for have dreads. Most places, though, it's pretty much like the federal scheme.

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