The Volokh Conspiracy

May Government Punish Business for Posting a "When Ordering Speak English" Sign?

Apropos a story that David Bernstein first covered in 2006:

The Philadelphia Commission on Human Relations will hold a public hearing Friday to address a controversial sign at the popular Geno's Steaks that has gained national attention.

The hearing was scheduled after allegations were made accusing Geno's Steaks of discrimination for posting a sign that reads: "This is America. When ordering speak English." ...

Philadelphia Commission on Human Relations ... alleges Geno's is in violation of the Philadelphia Fair Practices Ordinance - Chapter 9 Section 9-1105(A)(1)(b) of The Philadelphia Code.

The commission believes the sign discourages patronage by non-English speaking customers.

"Individuals who operate in a place of public accommodation cannot post signage or express messages that might have the resulting affect of making any group, any ethnicity, and any national origin person feel unwelcome," said Nick Taliaferro, Human Relations Commission....

Note, incidentally, the breadth of Mr. Taliaferro's assertion — presumably any speech that has the effect of making any group feel unwelcome (e.g., a posting of the Mohammed cartoons, an allegedly racist display, a Confederate flag, a supposedly sexist picture or slogan, and so on) is punishable when posted in a business, whether a pizza shop, a bookstore, a theater, or whatever else.

I should note that statements expressing an intent to engage in unlawful discrimination in a business transaction (for instance, "Blacks Not Served") may indeed be unprotected under the Court's rules related to commercial advertising, on the theory that they are akin to statements proposing an unlawful transaction. (They aren't quite, but that's how a 1973 case involving sex-based job advertisements, Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, has been interpreted in recent decades.) But it sounds like Philadelphia's theory is much broader than that; plus it's far from clear that rejecting orders in other languages — something that people who speak only one language routinely do — would be illegal in any event.

Thanks to Sebastian for the pointer.

Jamessadfasdfasfd:
"that might have the resulting affect"

Yikes.
12.14.2007 12:54pm
JoeSixPack:
@James --

Are you suggesting that Mr. Taliaferro might not feel welcome at Geno's?
12.14.2007 12:58pm
Sebastian (mail) (www):
If you ever order from either Geno's or Pat's, you better not only speak English, but know what you want, and have an idea how to order it. If not, be prepared to get sent to back of the line. You can expect fast service, but the service being less than friendly is part of the experience.
12.14.2007 1:04pm
Prufrock765 (mail):

"Individuals who operate in a place of public accommodation cannot post signage or express messages that might have the resulting affect of making any group, any ethnicity, and any national origin person feel unwelcome," said Nick Taliaferro, Human Relations Commission


Where do people who can make public statements like this without irony come from?
12.14.2007 1:08pm
Dan Weber (www):
NO SOUP FOR YOU!

ADIOS AMIGO!
12.14.2007 1:09pm
A. Person (mail):
They speak English at Geno's? This is news to me.
12.14.2007 1:09pm
Bottomfish (mail):
Prof Volokh points out that rejecting orders in other languages is "something that people who speak only one language routinely do." Routinely? Yes, I should say so! They can't do otherwise. Does the requirement mean a business has to hire bilingual employees based on the possibility that someone might come in and order in a foreign language?
12.14.2007 1:12pm
Tony Tutins (mail):


"Individuals who operate in a place of public accommodation cannot post signage or express messages that might have the resulting affect of making any group, any ethnicity, and any national origin person feel unwelcome," said Nick Taliaferro, Human Relations Commission



Where do people who can make public statements like this without irony come from?

At least the slippery slope is a short trip: Signs in Cyrillic in Serbian restaurants might make Croats feel unwelcome. No Cafe Istanbuls, because the signboard might make Kurds or Armenians feel uneasy, no Your Black Muslim Bakery because the association with Farrakhan makes some whites uncomfortable, no Japanese restaurants that make Chinese remember the Rape of Nanking, and make Koreans remember forty years of colonial subjection etc. etc. etc.
12.14.2007 1:17pm
ruralcounsel (mail) (www):
Seem's like Mr. Taliaferro's Commission is busy making groups who believe in using English as a basis for verbal communication in the US (like the immigrant owner of Geno's) feel not very welcome. Perhaps they can investigate themselves next.

These kinds of commissions are full-employment schemes for political hacks and those connected folks without productive skills. Wonder what Taliaferro's salary is?

The Nanny-state lives on!
12.14.2007 1:17pm
Kazinski:
As Douglas said in Pittsburgh v. Pittsburgh:

But the First Amendment presupposes free-wheeling, independent people whose vagaries include ideas spread across the entire spectrum of thoughts and beliefs. I would let any expression in that broad spectrum flourish, unrestrained by Government, unless it was an integral part of action -- the only point which in the Jeffersonian philosophy marks the permissible point of governmental intrusion.
12.14.2007 1:18pm
KenB (mail):

Individuals who operate in a place of public accommodation cannot post signage or express messages that might have the resulting affect of making any group, any ethnicity, and any national origin person feel unwelcome," said Nick Taliaferro, Human Relations Commission

Fortunately for Mr. Taliaferro, the Human Relations Commission is not a public accommodation, because his statement makes me (an unhypenated American) feel unwelcome.
12.14.2007 1:18pm
KJJ:
When I call my bank the menu says “push 1 for English or push 2 for Spanish”. My bank doesn’t offer choices for any other languages and I don’t see that as any different than Geno’s Steaks electing to use only English.
12.14.2007 1:22pm
rgore:
Couple thoughts:

1. What about a sign that reads, "All ham, all the time. Shop here only if you want the best ham in Philly!" Seems that would have the "resulting affect" (sic) of making a few groups feel unwelcome.

2. What if the sign read, "Due do our unfortunate linguistic shortcomings, we can speak only English. Accordingly, we can only serve English-speaking clients. Interpreters welcome."
12.14.2007 1:22pm
walder:
Seems like this law would also include the posting of high menu prices that would make poor people feel unwelcome.
12.14.2007 1:25pm
whit:
"presumably any speech that has the effect of making any group feel unwelcome (e.g., a posting of the Mohammed cartoons, an allegedly racist display, a Confederate flag, a supposedly sexist picture or slogan, and so on) is punishable when posted in a business, whether a pizza shop, a bookstore, a theater, or whatever else"

and thus, no bookstore could carry, or certainly not have advertisements or posters for:

Huckleberry Finn
Chris Hitchens' latest screed
The Bible
The Koran
The Turner Diaries
Stupid White Men by Al Franken

etc.

maybe they can distinguish between a store that essentially MARKETS opinion (which you can't market without offending somebody) or food. but even restaurants can get in trouble . see: do the right thing, for th epolitics of offensive italian american pizza postings.
12.14.2007 1:26pm
Thoughtful (mail):
First they came for Gino, because he wanted to only speak English, but I said nothing because I am multilingual. Then they came for the Hooter's chain because they wanted to hire only large-breasted women, but I said nothing because I have no large-breast fetish. Then they came for the Catholics, because they didn't want to ordain gay ministers, but I said nothing, because I have no interest in religion and am not gay. Then they came for Ron Paul, because he was unwilling to allow people labeled racist to contribute to his campaign, but I...Oh, sorry. My mistake. We at VC oppose Ron Paul because he IS willing to take all comers... :-)
12.14.2007 1:41pm
Patrick Joy:
I think we are missing the obvious. The very existence of a Chinese restaurant would make Taiwanese feel unwelcome and vise versa
12.14.2007 1:45pm
Truth Seeker:
I would think that people who don't speak English can't read the sign and thus couldn't be offended.

And how about if they just answer anyone who doesn't speak English with "Hunh? Sorry I only understand English. Next."
12.14.2007 2:00pm
Dave N (mail):
The very existence of a Chinese restaurant would make Taiwanese feel unwelcome and vise versa
Not really, since the government on Taiwan claims to be the government for all of China. On the other hand, if the restaurant also had either a PRC or Taiwan flag, it would definitely make denizens of the other feel uncomfortable.
12.14.2007 2:01pm
Prufrock765 (mail):
I guess I will have to rethink my plan for opening up
the "No Fat Chix" night club there on the Main Line.
12.14.2007 2:06pm
BobVDV2 (mail):
"When ordering speak English". What, no cappucino?
12.14.2007 2:06pm
just watching666 (mail):
ruralcounsel said:


Seem's like Mr. Taliaferro's Commission is busy making groups who believe in using English as a basis for verbal communication in the US (like the immigrant owner of Geno's) feel not very welcome. Perhaps they can investigate themselves next.



According to this article, Joey Vento is not an immigrant.
12.14.2007 2:11pm
John (mail):
The Ordinance, in relevant part, says:

"It shall be an unlawful public accommodations practice:
(I) For any person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement to:

. . .

(b) Publish, circulate, issue, display, post or mail, either directly or
indirectly, any written or printed communication, notice or advertisement
to the effect that any of the accommodations, advantages, facilities, and
privileges of any such place shall he refused, withheld or denied to any
person on account of race, color, sex, sexual orientation, gender identity,"
religion, national origin, ancestry, physical handicap or disability, or
marital status, or that the patronage of any person of any particular race.
color, sex, sexual orientation, religious creed, ancestry, national origin
[or], physical handicap or disability, marital status, is unwelcome,
objectionable or not acceptable, desired or solicited."

Note that among the prohibited bases for refusing service is NOT "language." Instead, it is the usual, "race, color, sex, sexual orientation, gender identity,"
religion, national origin, ancestry, physical handicap or disability, or
marital status." The problem may be the use of "America" in the sign, which does suggest somewhat weakly that national origin may be involved--but I think that would be quite a stretch.

So I don't see what basis the Commission has here, at least based on the language of the ordinance.
12.14.2007 2:17pm
theobromophile (www):

The commission believes the sign discourages patronage by non-English speaking customers.

Who cares? Am I the only cold-hearted capitalist who thinks that if non-English speakers are deterred from going to a hostile restaurant, they will go elsewhere, and, eventually, the restaurants that are more inclusive will do better for the exclusiveness of places like Gino's?

What does this come down to? "You're not allowed to lose business by being a xenophobe"?
12.14.2007 2:30pm
A.C.:
What's with this "English"? I propose that they conduct business exclusively in American Sign Language, rather than in some foreign tongue.

This is silly. I suspect that part of the problem is that some of the staff, as well as some of the customers, were speaking a language other than English a significant part of the time, and that management wanted to nip that in the bud by saying that business would be conducted exclusively in English. A staff that carries on side conversations in other languages can really annoy customers -- I changed dry cleaners recently for this very reason. (And who can forget Elaine's manicurist from Seinfeld?) But I can't imagine that a business would refuse to take money from a customer who mumbled sheepishly in some other language and pointed at what he wanted.
12.14.2007 2:31pm
theobromophile (www):
*Geno's, that is.
12.14.2007 2:32pm
DrObviouSo (mail):
So I'm confused. Is every business supposed to provide support for every conceivable language? Just languages that are predominantly spoken in other countries (unlike, say, Klingon or Tolken's Elf language)?

Or are they just not supposed to put up a sign to that effect?
12.14.2007 2:37pm
Justin (mail):
First of all, a lot of commenters are missing the point (some willfully so, in order to spout xenophobic nonsense). But to address the actual issue, the problem, both ways, is that it says "This is America" before the instruction.

That makes the poster political speech, not mere a way of doing business. This may have two effects - it isnt simply a benign announcement of an acceptable business decision (as some here are trying to claim), but on the other hand its likely to be protected by the First Amendment as protected speech. Although there may be a question as to how far you can take this (can a state law make it illegal for a restaurant that does not want to serve african americans put viruntly racist paraphanelia designed to keep them away? I honestly do not know the answer to this), I think we should generally defer to protecting the speech component of things rather than the business-decision component. I agree with EV that the law cannot reach the sign in question, and want to point out to commenters who missed it that EV very accurately summed up the issue:

"Note, incidentally, the breadth of Mr. Taliaferro's assertion — presumably any speech that has the effect of making any group feel unwelcome (e.g., a posting of the Mohammed cartoons, an allegedly racist display, a Confederate flag, a supposedly sexist picture or slogan, and so on) is punishable when posted in a business, whether a pizza shop, a bookstore, a theater, or whatever else."

I tend to think that EV may understate the degree this sign actually DOES make groups feel unwelcome, btw. I don't think this is a slippery slope issue, but the very issue that the facts present.
12.14.2007 2:42pm
JBL:
Taliaferro's overbroad statement could theoretically include groups like known fugitives. But I don't think he was quoting the statute.

The statute, on the other hand, could well encompass groups like diabetics, anorexics, or alcoholics, which leads to all kinds of fun conclusions.

Does the prohibition on using marital status apply to singles bars and dating services? Fascinating.
12.14.2007 2:43pm
Elliot Reed (mail):
The hearing was scheduled after allegations were made accusing Geno's Steaks of discrimination for posting a sign that reads: "This is America. When ordering speak English."

I think this description omits important facts. What the sign actually said was more like this:

This is
AMERICA
WHEN ORDERING
"SPEAK ENGLISH"

The sign (best image I could find here) also includes an image of an American flag and a large, angry-looking bald eagle. The overall impression is extremely hostile. Even if you still disagree with the interpretation as an expression of racial hostility, I think it's a much more reasonable interpretation than the written description indicates. Compare a hypothetical sign saying something like "We regret that we are unable to accept orders in foreign languages."
12.14.2007 2:43pm
Crunchy Frog:
"Gender identity"? Good grief.


Then they came for the Hooter's chain because they wanted to hire only large-breasted women, but I said nothing because I have no large-breast fetish.


Perhaps you have gender identity issues.
12.14.2007 2:44pm
Mr. Bingley (www):
Here's the real reason that the Philly Correctness Police are after Geno's.
12.14.2007 2:49pm
Duffy Pratt (mail):
A sign outside of a porno shop that said "Adults Only" might make children feel unwelcome.
12.14.2007 2:50pm
Justin (mail):
Mr. Bingly's absurd allegation aside (its the government, I should point out, that is KEEPING Mumia on death row), his link does provide a photograph of what the alleged sign looks like. Note that it is on the Geno's car, as well, which presumably does not take orders - the fact that it is (protected, but noxious) political speech is pretty apparent.
12.14.2007 2:52pm
Jaime non-Lawyer:
How does "No shirt, no shoes, no service" make nudists feel?
12.14.2007 2:58pm
kimsch (mail) (www):
I have a very small business that deals in office and administrative services. I speak a very small amount of French and German in addition to my native English. I would have to refuse doing business with someone who doesn't speak English because I would have no idea what they wanted.

I could type up a letter in Spanish if it were given to me in writing. I used to do that for an old boss years ago. The letters were in Magyar and I don't speak or read a word of it.

BTW - does he pronounce his name Tally-a-ferro or Tollivar?
12.14.2007 2:59pm
rmd (mail):
This is America. When ordering speak English.

What, can't they handle Algonquian?
12.14.2007 3:01pm
Dan Weber (www):
Man I love those "extra quote marks" on the sign. It's just the cherry on top of this whole sundae of insanity.
12.14.2007 3:03pm
MikeR:
Quote:
If you ever order from either Geno's or Pat's, you better not only speak English, but know what you want, and have an idea how to order it. If not, be prepared to get sent to back of the line. You can expect fast service, but the service being less than friendly is part of the experience.
Second Quote:

I think this description omits important facts. What the sign actually said was more like this:

This is
AMERICA
WHEN ORDERING
"SPEAK ENGLISH"

The sign (best image I could find here) also includes an image of an American flag and a large, angry-looking bald eagle. The overall impression is extremely hostile.
Does it make a difference if the sign is on a par with the general level of friendliness expected at the restaurant?

It seems to me that if Geno's has a "Soup Nazi" atmosphere, it makes it easier to argue that the sign is just their version of "We regret we can take orders only in English."
12.14.2007 3:05pm
happylee:
Thank you, Mr. Bingley! The linked article clarified everything. As Murray Rothbard used to say, the reason governments like to pass a myriad of broad, ill-defined laws is because it provides cover to harass whomever it wants, such as a patriotic business man who doesn't like cop killers.
12.14.2007 3:15pm
tvk:
I agree with Justin (and pretty much everyone here) that the sign is protected speech. And this is a pretty easy case. But to those who would say that an "language-only" sign should always be protected, I would say that is jumping to conclusions. The infamous White Australia Policy was enforced by a language test that required the person to speak a European language, with predictable racial disparate impact. I can certainly see some English-only policies (and associated signs) being illegal if they are the overt manifestation of racially-discriminatory intent (discriminatory intent without any overt manifestation is of course not illegal).
12.14.2007 3:28pm
Bottomfish (mail):
Elliot Reed,

You say the sign as it is (I couldn't connect to the link) is an expression of racial hostility. Is it assumed that English can only be spoken by a Caucasian due to the physical structure of the larynx? It's interesting that so many political correctors routinely assume English language requirements are a form of racism. The confusion helps them rhetorically since then they can equate the Geno's sign with a refusal to serve any but one race.
12.14.2007 3:34pm
egn (mail):
I think that The Philadelphia Commission on Human Relations should hold a public hearing to address the fact that Geno's cheesesteaks are unspeakably gross.

Jim's Steaks on 4th and South: no xenophobia, AND meat from cows.
12.14.2007 3:54pm
Federal Dog:
"The sign (best image I could find here) also includes an image of an American flag and a large, angry-looking bald eagle"


Oooooo. A flag and an angry-looking eagle. Someone call the authorities.
12.14.2007 4:03pm
Alan Gunn (mail):
Don't all eagles look angry? Saw a T-shirt once with a picture of an eagle saying, "I am smiling!"
12.14.2007 4:10pm
rmd (mail):
The infamous White Australia Policy was enforced by a language test that required the person to speak a European language, with predictable racial disparate impact.

Only between 1901 and 1905. From 1905 to 1958, the dictation test could be in any language.

The "disparate racial impact" came about not because of the "European" requirement, but because the test was applied at the government's discretion, in the language of the government's choice. A Maltese would-be immigrant, for instance, might be tested in Dutch.

The test could be used for non-racial ends; in 1934, notoriously, the linguistically versatile Egon Kisch, entering Australia to attend a Communist front peace conference, was tested in Gaelic. He was allowed to stay after the High Court, in a fit of judicial activism, decided that Gaelic didn't count as a language.
12.14.2007 4:12pm
John Burgess (mail) (www):
Federal Dog: They did, hence this story.

I'd like someone to develop a class curriculum, perhaps for middle schoolers, called 'Developing a Thick Skin'.
12.14.2007 4:15pm
karl (mail):
When I was stationed in El Paso, Texas in the '50s, some bars (especially near the border) had signs saying, No Mexicans, Soldiers, or Dogs Allowed". What to do? Go to another bar.
12.14.2007 4:17pm
PersonFromPorlock:
My fond hope is that Geno's lawyer will address the Commission in, say, Urdu. And only in Urdu.
12.14.2007 4:31pm
Dilan Esper (mail) (www):
Not much to say about this case. Anti-Hispanic bigotry is protected by the First Amendment, as it should be. But I am sure there are more tolerant people who will sell you a cheesesteak in Philly. They should be patronized.
12.14.2007 4:43pm
pmorem (mail):
The subject of dating services and marital status came up in a previous thread here, possibly relating to Geno's. If I recall, the conclusion was that it hasn't been tested, but could present some difficulties.
12.14.2007 4:48pm
Federal Dog:
"Anti-Hispanic bigotry is protected by the First Amendment, as it should be."


Which has nothing to do with anything. There is nothing race-specific about the matter, except, of course, for your remark.
12.14.2007 4:53pm
Mr. F. Le Mur (mail):
"Individuals who operate in a place of public accommodation cannot post signage or express messages that might have the resulting affect of making any group, any ethnicity, and any national origin person feel unwelcome," said Nick Taliaferro, Human Relations Commission....

Mayor John F. Street Announces Creation of Faith Leaders Advisory Taskforce:
Faith Leaders Advisory Taskforce Members
* Pastor Nick Taliaferro, North Philadelphia Seventh Day Adventist Church and Executive Director, Human Relations Commission.

This writer believes the Taskforce expresses messages that might result in making non-religious people feel unwelcome, especially if they're not a "national origin person."
12.14.2007 4:55pm
Tony Tutins (mail):

Does the prohibition on using marital status apply to singles bars and dating services?

Those should be inclusive; I've seen ads by those who claim to be "Married But Looking"

Several years ago, an immigrant acquaintance of mine, a Brit, lost his cafeteria job because he could not effectively communicate with his Spanish-speaking co-workers. Maybe he could get a job at the cheesesteak place?
12.14.2007 5:05pm
Virginian:

That makes the poster political speech, not mere a way of doing business.


So a business owner cannot express a political sentiment? Says who?

If that's the case, where can I file a complaint against Hollywood producers of movies and TV shows? I can't turn on the TV or go to the movies without being assaulted by left-wing, anti-war, anti-Bush, anti-conservative, anti-religious, anti-American propaganda.
12.14.2007 5:06pm
gab:
Man, I'd love for Geno to call AOL help - that would be a friggin' scream!
12.14.2007 5:40pm
Brian G (mail) (www):
I grew up within a mile of Geno's in South Philly. (living out west now, I miss being able to have an "American without" whenever the impulse strikes).

Joey Vento has every right to post this sign. What I think really upsets people is that Geno's has always been unabashedly pro-America, pro-military, pro-police and anti-Mumia Abu Jamal. If you don't like it, do what the commenter above says, go to Jim's at 4th and South, or walk across the street to Pat's.

Of note, if you ever go there, you'll see prominent pictures of President Clinton when he visited Geno's, as well as Oprah Winfrey and a ton of other famous people.

One other thing. I was watching Univision one night (God blessed me with the ability to pick up Spanish and French while in school) and I saw a commerical I'll never forget. It was for a set of tapes teaching you English. In the beginning of the spot, the woman was working as a cleaning lady is some dingy joint. Then, after learning English, she was working as a secretary. Without English language ability, you can't make it in this country. You'll be left to washing cars and dishes or landscaping. I was called a racist for saying this in law school. Of course, when I asked for examples of successful lawyers, doctors, teachers, etc., in this country who could not speak English, no one could come up with any.

In sum, like the sign says, this is America. Speak English.
12.14.2007 5:53pm
Smokey:
Porlock Person:
My fond hope is that Geno's lawyer will address the Commission in, say, Urdu. And only in Urdu.
That would be the perfect riposte. Geno should have an attorney who speaks only another language at the hearing [like Egyptian, or Estonian, etc.]. to represent him at the next hearing -- which would, of course, have to be rescheduled. Next hearing [when Mr Talliaferro's gang has finally rounded up an Estonian-speaking attorney], Geno's [new] attorney should address Mr Taliaferro in yet another language.

The press would love reporting on the tables being turned on Mr Nanny State Taliaferro -- who, being made into a ridiculous laughingstock and hoisted by his own petard, would probably go into hiding to lick his self-inflicted wounds.
12.14.2007 5:55pm
Brian G (mail) (www):
One other thing. Starting at about one block away from Geno's is a nice sized Vietnamese community. Don't just make assumptions that the sign is targeted to any specific group.
12.14.2007 5:55pm
Bama 1L:
[I]t's far from clear that rejecting orders in other languages — something that people who speak only one language routinely do — would be illegal in any event.

Legal, perhaps, but a dumb business practice. Why don't the folks at Geno's like making money?

How would this apply to a deaf customer who "speaks" sign language? Say the restaurant staff doesn't include anyone who understands sign language. Would the restaurant be able to refuse service on the basis of impossible communication? What if the customer could simply point to the menu?

If the deaf customer could point to the menu, why couldn't any non-English speaker?

I get the feeling the staff of this restaurant doesn't vacation abroad, but if they do, they'll find foreign restaurateurs more accommodating. I've eaten plenty well in foreign dives where I did not savvy the lingo at all. Point to stuff, write down the numbers, smile, and you will get a good meal at most restaurants on earth. Because I've depended on this policy, I'm not planning on eating at any restaurant that mandates orders be placed in a particular language.
12.14.2007 7:03pm
kimsch (mail) (www):
Bama, a deaf person, while not able to hear, might be able to speak and most probably reads English. So pointing at the menu is moot.
12.14.2007 7:11pm
Fub:
Sebastian wrote at 12.14.2007 2:04pm:
If you ever order from either Geno's or Pat's, you better not only speak English, but know what you want, and have an idea how to order it. If not, be prepared to get sent to back of the line. You can expect fast service, but the service being less than friendly is part of the experience.
Maybe the Philadelphia Commission on Human Relations should take a junket to San Francisco and dine at legendary Sam Wo's. Then they'd be thankful they are only expected to speak English at Geno's.
12.14.2007 8:20pm
Fitzwilliam_Darcy99:

Not really, since the government on Taiwan claims to be the government for all of China


That's a misconception of ludicrous proportions. The Taiwan government hasn't affirmatively asserted any claim to be the government of all of China since martial law was lifted in the late 1980s. (By contrast with the Beijing govrenment, which at all times has aggressively asserted its contrary claim.)

It is true that the Taiwan government has not formally repudiated the claims made before the lifting of martial law, but that may have a little something to do with the fact that the Beijing government has repeatedly stated in no uncertain terms that it will invate Taiwan promptly following a declaration of independence by the Taiwan government. Any unilateral change by the Taiwan government in its formal status vis a vis the Beijing government would be fraught with extreme peril.
12.14.2007 8:42pm
Bama 1L:
Kimsch, not all deaf people can speak. Also, laryngitis or a throat injury can render one unable to speak. One presumes that mute customers are not refused service at Geno's, and that it would be illegal for Geno's to refuse them service because they cannot "[s]peak English when ordering."
12.14.2007 9:11pm
Bill Poser (mail) (www):

Does the requirement mean a business has to hire bilingual employees based on the possibility that someone might come in and order in a foreign language?


That's gonna be tough. The place isn't nearly large enough to accomodate the necessary 6700+ employees, even if they could afford them.
12.15.2007 12:40am
Nate F (www):
"I think that The Philadelphia Commission on Human Relations should hold a public hearing to address the fact that Geno's cheesesteaks are unspeakably gross.

Jim's Steaks on 4th and South: no xenophobia, AND meat from cows."

Hear hear.

""Anti-Hispanic bigotry is protected by the First Amendment, as it should be."


Which has nothing to do with anything. There is nothing race-specific about the matter, except, of course, for your remark."

Do you not know much about this case? Watching pretty much any interview with Vento will confirm that this is the intent of the sign, and given the demographic features of certain sections of South Philly (the areas to the southeast of Passyunk, where Geno's is located, for instance), there has never been much doubt in pretty much in the mind of any Philadelphian I know (even those who agree with Vento).
12.15.2007 12:44am
Bill Poser (mail) (www):
There is an inverse version of this issue in British Columbia. Chinese immigration has been so extensive that some parts of Greater Vancouver, most prominently Richmond, are now majority Chinese. Many stores, not just restaurants, groceries, and so forth, but places like computer and electronics stores, have signage mostly in Chinese. One now hears with some frequency complaints from Anglo-Canadians that they feel uncomfortable at the Chinese-language environment. So far, no one has taken it to the Human Rights Tribunal.
12.15.2007 12:45am
John D (mail):
The post and comments remind me of a charming lunch I had a few years ago in Luxembourg. The waiter had overheard my husband and I, so he spoke to us in English. Wonderful, clear English. He could have been a college student working as a waiter in a café for all we could tell.

Then I noticed that he spoke French to the party at the next table over. Once again, as far as my ear could tell, it was nicely pronounced French.

Then he spoke to the table on the other side of us. In German.

Of course I had to ask. He spoke English, French, German, Finnish (apparently a lot of Finns visit Luxembourg) and Luxembourgish.

Now imagine if the café insisted on only serving people who spoke Luxembourgish.
12.15.2007 2:51am
LM (mail):
Thoughtful,

Then they came for Ron Paul, because he was unwilling to allow people labeled racist to contribute to his campaign, but I...Oh, sorry. My mistake. We at VC oppose Ron Paul because he IS willing to take all comers... :-)

Uhmm... sorry to nitpick, especially off topic, but Stormfront is not just labeled racist.
12.15.2007 2:53am
K Parker (mail):
Ooooh, Fub, it's Homage to Edsel Ford Fung time!!!
12.15.2007 4:08am
ANDKEN (mail) (www):
Part of the problem is that you take orders when you are working, not as a consumer. Using a business for propaganda is not the most professional attitude in the world. I don´t like business saying what I should do when I´m buying something from them.

And there is also the problem of tourists. A tourist with poor English will be ignored? And the major problem of this thing is that this guy is getting free advertising because of a anti professional attitude..
12.15.2007 5:34am
libertarian soldier (mail):
"Now imagine if the café insisted on only serving people who spoke Luxembourgish"
I imagine such a poor business plan would result in bankruptcy; while restricting clientele to the billion or two English speakers would not.
12.15.2007 6:19am
Federal Dog:
As other posters have already indicated, there are other large non-English speaking demographics very near the place. The sign does not accommodate those languages either. There is nothing specifically "anti-Hispanic" about asking people to use one language when ordering. People need to get beyond their own racist assumptions and read what is plainly being requested.
12.15.2007 6:46am
kimsch (mail) (www):
Bama, I didn't say all deaf people could speak. I said a deaf person might be able to speak. Also I noted that the deaf person probably reads English. So probably would a person who has laryngitis or a cold. Those persons can easily make their order known without "speaking" English, because they can read and understand English.

John D. - In Luxembourg I was also able to find people who spoke English, even on a Sunday. Generally in Europe, one finds that the schools teach second languages starting in grade school. But then again, in Europe there are many official state languages depending on the state. French in France, German in Germany, French and Flemish in Belgium. My friend from Romania took German starting in second grade and French starting in 5th or 7th grade. In addition to Romanian. Not just "conversational" either.

Yes, many different languages are spoken in this country. But it's not as if every state had a different language. (although sometimes it seems so). New York doesn't have a different language than New Jersey or Pennsylvania. Illinois doesn't have a different language than Wisconsin or Iowa or Minnesota. OTOH, France has a different language than Germany and Spain and Portugal and the Netherlands. Moving east, you even find different alphabets.

English is the main language spoken in this country. A few years ago, when my son was pre-kindergarten going in for testing, the school official asked the woman in front of me if she needed a bilingual aide to help her through. The woman had an accent. The woman said, "We speak English. We are Romanian." The School system would only have been able to provide an aide who spoke Spanish by the way. Not a Romanian speaking aide even though there is a large community of Romanians in my area.

My other Romanian friend, the one mentioned above who speaks Romanian, German and French, came to the US 16 years ago. She speaks perfect English now too, albeit with an accent. Her boys (8 and 13) speak English with an American accent and only know a little Romanian because they speak English in their home. For the boys.

If I were to move to any other non-English speaking country I would be expected to learn that language. Is it really too much to expect that people moving here learn our language? I had to learn some German when I lived in Germany. I found that if I went into a store expecting them to speak English, they said they didn't speak it. I found that if I tried in German and they could speak English they did so, because I tried. (disclosure: I was in the Army and didn't need to immerse myself in German because I had an American English community right there.)
12.15.2007 10:14am
Fub:
K Parker wrote at 12.15.2007 5:08am:
Ooooh, Fub, it's Homage to Edsel Ford Fung time!!!
I'm not the one to do that, so be my guest. I last dined there a decade or so before Edsel's reign, and I'm still recovering. So I only know of him by reputation. I've heard he apotheosized the Sam Wo's tradition superbly though.
12.15.2007 10:38am
Dilan Esper (mail) (www):
Which has nothing to do with anything. There is nothing race-specific about the matter, except, of course, for your remark.

Well, people who like to defend bigots often do so by ignoring context. (See, e.g., the Confederate Battle Flag.)
12.16.2007 12:49am
John Robert (mail):
Mr. Bingley, living here in Philadelphia I feel you touched on a nerve as evidenced by a commentor. A Michael Smerconish, a morning talk show host, formally trained as a lawyer at Penn and Maureen Faulkner just wrote a book, they did the tour in the Philadelphia area of book signings last week. Maureen is the widow of the murdered policeman. The title of the book is "Murdered by Mumia", it should answer any questions as to why mumia is still alive.
12.16.2007 5:06am
ReaderY:
Can Southern Baptists shut down bars and pornography places by complaining to the Philadelphia Human Rights Commission that displays of alcohol or pornography make them feel uncomfortable?

Can members of an ethnic group insist on a heterosexual male waiter if a female or homosexual waiter makes them feel uncomfortable?
12.16.2007 11:03am
ReaderY:
Forgive me, I didn't mean to say "feel uncomfortable", I meant to say "feel unwelcome." This seems to be the essential distinction.
12.16.2007 11:08am
calmom:
In many neighborhoods of L. A., business signs are in Spanish or Korean. Not a scrap of English to be found. They may as well be saying "English speakers, go home."
12.16.2007 11:46am
Milhouse (www):
Justin's claim that we should ignore "Mr. Bingly's absurd allegation" becaues "(its the government, I should point out, that is KEEPING Mumia on death row)", is, well, absurd. So absurd that I'm surprised nobody has yet pointed this out. Or is Justin claiming that it's the Philadelphia Commission on Human Relations that's keeping the murderer on death row? Because that would be way outside its powers.

I'd bet that if Mr Taliafero had the power to release Mr Cook nhe have done it so long ago that Cook would by now be back in jail, having murdered someone else.
12.16.2007 2:31pm
trvl4fun:

There is an inverse version of this issue in British Columbia. Chinese immigration has been so extensive that some parts of Greater Vancouver, most prominently Richmond, are now majority Chinese. Many stores, not just restaurants, groceries, and so forth, but places like computer and electronics stores, have signage mostly in Chinese. One now hears with some frequency complaints from Anglo-Canadians that they feel uncomfortable at the Chinese-language environment. So far, no one has taken it to the Human Rights Tribunal.


Having been to Vancouver, and Richmond, there is a striking difference between Richmond and "proper" Vancouver. I was in a restaurant in Richmond, which, granted, catered to Chinese folks from Hong Kong (which I'm one of, BTW), had a menu completely in Chinese only. Somewhat surprised, coming from the US, where most are bilingual in Chinese restaurants, though some restaurants post off-menu/seasonal items on the walls in Chinese only.

Anyway, through the course of eating at said restaurant in Richmond, I heard the next table speak English to the waitress, while (I think) translating the menu to them.

No doubt some Canadians feel the same way when they hear Cantonese in British Columbia, as some Americans do when they hear Spanish in California.
12.17.2007 4:33am
Sparky:
Didn't we already fight this battle -- and lose?

After the passage of the 1964 Civil Rights Act, requiring places of "public accommodation" to serve everyone, regardless of [insert laundry list of suspect classifications here], the law was challenged on the ground that a shopkeeper's freedom of association allowed him or her to choose not to have business dealings with [insert particular suspect classification here]. The U.S. Supreme Court shot this argument down in flames.

Thus, a law firm’s freedom of association does not allow it to discriminate against female candidates for partnership: “‘[Invidious] private discrimination may be characterized as a form of exercising freedom of association protected by the First Amendment, but it has never been accorded affirmative constitutional protections.’ [Citation.]” (Hishon v. King &Spalding (1984) 467 U.S. 69, 78.)

Why should freedom of speech be treated any differently?
12.17.2007 10:12am
Jamie (mail):
I am a pilot, all ATC clearances are given in English. I guess we should change that as well. We can't have a standardized language for Air Traffic Control; pilots who are not native speakers of the language might feel unwanted as if the controller doesn't want them to land. I guess the ATC personnel should start learning every language in existence. Political correctness is out of control in this country and needs to be addressed before it destroys us. I see little old ladies being searched at airports because no one wants to racially profile someone who is from a country that supports terrorism. I mean come on use common sense every once in a while.
12.17.2007 1:30pm