Sunday, October 22 2023 – TRAVERSE CITY, MI – A Traverse City, Michigan salon owner is in real hot water this time, and it has nothing to do with her Facebook post read around the world. Just kidding, it has everything to do with her comments made on her salon's Facebook page in July. Christine Geiger, the owner of Studio 8 Hair Lab, LLC has had an interesting couple months since her decision to post the following to her business's social media account:
“If a human identifies as anything other than a man/woman please seek services at a local pet groomer. You are not welcome at this salon. Period. Should you request to have a particular pronoun used please note we may simply refer to you as “hey you”. Regardless of MI HB 4744 (kiss emoji) my ASS Governor Witchmere) (smile emoji) This is America; free speech. This small business has the right to refuse services. We are not bound to any oaths as realtors are regarding discrimination. My recent airport experience validates this. (smile emoji) #takeastand #garrettsoldono”
Additionally on July 8th the owner gave further explanation of her message:
“I have no issues with LGB. It’s the TQ+ that I’m not going to support. For those that don’t know what the + is for, it’s for MAP (Minor Attracted Person: aka pedophile) This stance was taken to insure that clients have the best experience and I am admitting that since I am not willing to play the pronoun game or cater to requests outside what I perceive as normal this probably isn’t the best option for that type of client. There are over 800 licensed stylists in the County. There are plenty of Salons/stylists willing to cater to what I will not. This is a free country and I am not a slave to any narrative. Conservatives need to acclimate these woke individuals to their new reality. Conservatives have HAD ENOUGH of their ideologies being projected onto to us. We used to “just let them be.” Most of us keep our opinions to our ourselves. I mean why look for unnecessary conflict: right? Well the other side used this against us. They mistook our silence for weakness and where we stand on these issues, They can’t handle it. They aren’t prepared for this. So I am more than willing to take the first rounds of strike backs in hopes that more of you will see this and be inspired to stand up tall and speak your own truths and not simply let them be.”
For these remarks she has received messages, phone calls, and has seen her business boycotted & protested and vandalized. The Mayor of Traverse City has chimed in “We are disheartened to hear of any discriminatory behavior” as Traverse City has a Non-Discrimination ordinance which they later declined to issue a violation. Christine's own State Representative Betsy Coffia has made remarks like “breathtaking hate & bigotry.” Lastly, none other than Michigan Attorney General, Dana Nessel has made comments using words like “hateful & reprehensible.” Something tells me Christine isn't playing the victim. Also as a result of her social media post & subsequent media attention she has seen an increase in her business from like-minded supporters even as her store was being vandalized and focused on her perceived bigotry & intolerance. With an emotional topic like this, it's easy for people to assume the worst without understanding and discussion first. Also, the outrage machine is constantly looking for fresh meat.
Now comes the interesting part. We have a convergence of political ideology, political expediency, the First Amendment, and civil rights. Studio 8 has received at least three Michigan Department of Civil Rights (MDCR) complaints. These complaints come with potential fines from $10,000-$50,000. Three people have filed discrimination complaints against the business for discriminatory advertising on the basis of “sex” citing the Ellliot-Larsen Civil Rights Act or ELCRA. One is a Central Lake man whom identifies as woman. The second and third individuals are women whom identify as non-binary are from Traverse City and Williamsburg respectively. We can only guess they're women based on their given names. Ultimately, it does not matter. Not out of disrespect, but with regards to the merit of their claims as it relates to discriminating on the basis of “gender-identity” versus “sex” and what Mrs. Geiger stated about identifying as some sort of pet. The salon owner has been ordered to preserve all documents & media relating to these inquiries. The MDCR has also demanded the salon owner appear to testify before the MDCR and to provide a “position statement addressing each allegation, issue, and protected class contained in the complaint along with any and all supporting documentation and firsthand witness statement(s)/contact information.”
So here we have this dynamic of a “hot button issue” in gender-identity tied to newly amended legislation (amendment which includes protections for gender-identity takes effect in early 2024), identity politics, and a person's right to free speech & religion. A couple of court cases that are relevant are Supreme Court case Masterpiece Cakeshop v Colorado Civil Rights Commission (2018), 303 Creative LLC v Elenis (2023), and in the Michigan Supreme Court Rouch World v Department of Civil Rights (2022).The portion of the ELCRA that is in play is 37.2302 Section 302(b) Prohibited Practices:
“Print....post..an advertisement..that indicates that the full and equal enjoyment of the services....of a place of accommodation will be refused...because of religion, race, color, national origin, age, sex, sexual orientation, or marital status, or that an individual's patronage of or presence at a place of accommodations objectionable, unwelcome, unacceptable, or undesirable because of race, color, national origin, age, sex, sexual orientation, or marital status.
There are two interesting things to point out & watch as this unfolds. First is the MDCR is beholden to the Attorney General's Office which has already made public comment. While the Department is suffering from a backlog, how have these three complaints been expedited so quickly? A recent state audit from the Office of Auditor General revealed civil rights complaints take an average of 19 months to resolve, resulting in delays in 62% of cases as reported by Bridge Michigan. Second, it is worth noting that none of these individuals have been DENIED any services by Studio 8. The basis for their discriminatory advertising complaint is merely their interpretation of “sex discrimination”. Mrs. Geiger further explains via subsequent posts “Should you request to have a particular pronoun used please note we may simply refer to you as “hey you”. See also: Compelled Speech. This is where it gets interesting.
A public accommodation law states that a protected class is provided the full and equal enjoyment of goods & services. An Accommodation Clause prohibits denying goods and services. A Communication Clause prohibits a communication indicating a protected class, and individual or a person will be denied goods and services. Accommodation laws regulate conduct NOT speech. The current civil rights law is questionable at best when it comes to distinguishing from speech & conduct as pointed out as absent in the Rouch World decision. The court did not determine within MCL 37.2302(b) as to whether “sex” in the ELCRA includes “gender identity.” Quite honestly, the amended law suffers a fatal flaw too!
Lastly, and quickly...if you're not identifying as a human being ie: man or woman and identify as an animal, tree, or an inanimate object...you aren't afforded ANY protections under the ELCRA at this time or in the future. The plain language of sex being defined as either a man or a woman and utilized in these statutes it's hard to say Christine discriminated against these three individuals since her comments clearly refer to persons identifying as an animal of some sorts. Sorry, dogs are not a protected class under the Elliott-Larsen Civil Rights Act. Words are important. Language is important. But without freedom of speech, neither matter. While the emotion surrounding these issues, especially the gender-identity issue being thrust to the forefront, it's important to have an open and honest dialogue about how to tackle the changing dynamic of logic as it applies to law and frankly science.
When a state public accommodation law and the Constitution collide, there can be no question which must prevail -303 Creative -Supreme Court Justice Neil Gorsuch
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