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Thursday, February 21, 2013, 12:21 PM

New York City residents have lots to worry about. The city’s outstanding debt exceeds $100 billion. The interest alone exceeds $6 billion annually. The city’s tax base continues to shrink as businesses, fed up with New York’s high rates, flee to lower-tax jurisdictions. The city’s infrastructure desperately needs an upgrade. And Hasidic shopkeepers in Brooklyn are engaged in a blatant campaign to violate customers’ human rights.

At least that’s what the city’s human rights commission argues. The commission is suing Hasidic shopkeepers who have hung signs in their windows stating, “No shorts, no barefoot, no sleeveless, no low cut neckline allowed in this store.” The commission argues that this dress code discriminates against women in violation of the city’s public accommodations law. According to the deputy commissioner, the signs are “pretty specific to women,” and requiring women to “dress modestly if they come into the store” is illegal.

Now, generally speaking, anti-discrimination laws allow public accommodations to have dress codes, as long as the codes don’t discriminate against protected classes. On its face, it’s not clear how this dress code is discriminatory. It treats men and women the same. Let’s say a barefoot woman wearing shorts walks into a store. She may be asked to leave. Let’s say a barefoot man in shorts tries to do the same thing. He also may be asked to leave. Where’s the discrimination? Now, it’s true that the stores might apply a facially neutral dress code in a discriminatory way.  So, for example, if the shopkeepers in practice excluded only women, that would be a problem. According to the stores’ lawyer, though, there’s no evidence that the stores have ever excluded any woman–or man, for that matter– for any reason.

In short, it’s not clear where the illegality lies. But there’s a deeper point. New York is a cosmopolitan city  in which people with very different lifestyles must find some way to get along. Mostly, New Yorkers do that by tolerating things that offend us. That works fine, most of the time. Maybe these religious storeowners should simply put up with dress they find immodest in the interests of a more expressive society. But is it really too much to ask someone to abide by this fairly innocuous dress code before going into a store, if that’s what the store owner wants? Is the injustice really so great that the store owner must be hauled into court and taught a lesson? Aren’t there more important problems for the city to tackle?

Sugary soft drinks, for instance.

Mark Movsesian is Director of the Center for Law and Religion at St. John’s University.

7 Comments

    Devinicus
    February 21st, 2013 | 1:17 pm

    Clearly what should be banned are so-called “human rights commissions”. They are state-empowered organizations whose main social functions are to harass and torment cultural and political conservatives. Consider their ignominious track record in Canada, where every disgruntled crank can say “jump” and the relevant human rights commission forces some poor sap on the other end to respond “how high?”. Or the New Mexico human right commission which first heard the case again the Christian photographer who refused to work a same-sex wedding. Or the District of Columbia Human Rights Act which was used to attempt to force Catholic University to end single-sex dormitories. Or … well, just read this.

    David Nickol
    February 21st, 2013 | 1:57 pm

    Is the city claiming men and women have an equal right to go bare-chested in public? The conventions for dressing modestly are simply different for men and women. I suppose the signs could be rewritten to sound less “discriminatory,” but it seems to me they would then sound ridiculous.

    I don’t think this is a matter of the city having more important problems to deal with. If this were real discrimination it would be worth pursuing. But I think it’s a stretch to call this gender discrimination.

    Julie
    February 21st, 2013 | 2:46 pm

    Well, I was going to comment that “low cut neckline” is gender-specific; but then I thought of certain chest-hair-baring hipster fashions, and okay, I think you could make a case that the dress code applies equally to both sexes.

    Is this not just another skirmish in the Hasidic turf wars in NYC? I feel like I’ve read other stories about “modesty patrols” and so on.

    Dov
    February 21st, 2013 | 6:28 pm

    Hasidim have the right to keep non-Jews out of their stores. Non-Jews do not share the same values of modesty; in fact, many do not have any modesty values at all. This is our neighborhood; please dress correctly or stay out.

    Randy McDonald
    February 22nd, 2013 | 8:50 am

    No, it is not your neighbourhood. It doesn’t constitute a sovereign entity, right?

    jason taylor
    February 22nd, 2013 | 10:55 am

    But their stores ARE their stores McDonald.

    John Hinshaw
    February 23rd, 2013 | 8:10 am

    Be careful shooting fish in a barrel, Mark. The hypocrisies of New York City are legion, and, as far as having more important things to worry about, city government is all about looking like you are doing something – there is very little thought to ought.

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