Chick-Fil-A, Alderman Moreno and the Question of Aldermanic Prerogative
The Chick-Fil-A fast food has been in the news a lot lately. The company has been known to support to right-wing, socially conservative causes. But that didn't bother too many people until last week, when company president Dan Cathy told a reporter that he was "guilty as charged" for supporting the "biblical definition of family unit."
Conservative news organizations have tried to make a case that this comment didn't mean that Cathy was against gay marriage, but it reeks of willful denial. Sure, he didn't say that he was against LGBT families, but given the context, it's hard to imagine what else he would have possibly meant.
The controversy quickly erupted as some organizations tried to distance themselves from Chick-Fil-A while other, more conservative organizations turned it into a rallying cry. But the issue didn't have any local, Chicago area significance until Ald. Joe Moreno (1st) decided to weigh in.
Chck Fil-A already has a location in Chicago's Near North neighborhood, and it's looking to open another one in Logan Square. Specifically, the section of Logan Square that is part of Moreno's 1st Ward. But before they can do it, they need City Council to make some zoning changes.
As I mentioned before, the aldermen usually get the final say over any zoning changes within their wards. It's not something that has any basis in law - just one of the many, many unwritten privileges the aldermen accumulated over the decades. Countess aldermen used it to help businesses they supported - or block businesses they didn't like. And that's precisely what Moreno decided to do.
The alderman announced earlier today that he will block Chick Fil-A's zoning request because their homophobic beliefs were incompatible with the values and beliefs of his ward.
In political terms, Moreno risks nothing. The 1st Ward runs through parts of Bucktown, Wicker Park, Ukrainian Village and Logan Square - gentrified neighborhoods where hipsters are common and voters tend to lean distinctly to the left. Mayor Emanuel and Zoning Committee chairman Alderman Solis (25th) announced that they support Moreno, so he has nothing to worry about from the City Council.
This isn't the first time Alderman Moreno used his powers like this. Last year, he used them to keep Wal-Mart out of Logan Square. But in that case, at least, he could talk about the chain's labor practices, damage to local business and other economic factors that would have potential to affect the neighborhood as a whole. Chick-Fil-A is being signaled out purely because of its owners beliefs.
The free speech concerns here are obvious. But, as others have pointed out, it also invites the question of what sort of precedent it would set, and what implication it would have for other businesses. Logan Square resident Seth Lavin put it best in a series of tweets to Moreno
Questions for my alderman:
There is also the question of whether or not Moreno should have used his zoning privilege at all. The alderman likes to present himself as a reformer who believes in accountability. Sure, his actual record is a bit more mixed, but I'm willing to bet that if, for example, Ald. Margaret Laurino (39th) blocked a gay bar from opening in Sauganash because it conflicts with the neighborhood's family-friendly atmosphere, Moreno would call out Laurino for discriminating against a minority group.
Zoning privilege is power ripe for abuse. There are no checks and balances against it. And personally, I have all sorts of reservations about the fact that it still exists at all.
Should I give Alderman Moreno a pass just because he's using it to punish an organization that I oppose?
Honestly? I don't know. and I can't say I wouldn't do the same if I were in his shoes.
That bothers me.
I chatted with tweelore about it, and she told me that I didn't consider.
Basically I see [Alderman Moreno] as someone who is looking out for the public's best interest by hindering the business of those who support human rights violations, ie, denial of the right to legal marriage between consenting adults. Not because [Dan Cathy] believes homosexuality is sinful, which is fine, but because [Cathy] has a definite political agenda in donating money to groups who oppose same sex marriage.
There is definitely something to that, too. Heck, if Moreno himself used that line of reasoning, I might have been less ambivalent.
For now, Moreno is sticking to his guns, even as some are starting to wonder whether or not his position will survive a lawsuit. To my knowledge, the aldermanic zoning privilege has never been challenged in court. Is there even a legal precedent for that sort of thing.
Meanwhile, Ald. Howard Brookins (21st), the chairman of the Black Caucus, went on record saying that he'd welcome Chick Fil-A in his ward. The 21st Ward, which includes Brainerd, Longwood Manor, Princeton Park and parts of West Chatham, Gresham and Washington Heights. All of those neighborhoods have struggling business corridors, and local employment opportunities are scarce. Having a Chick-Fil-A wouldn't solve all those problems, but it would help. And, given that residents of that part of South Side tend to lean socially conservative, I doubt the chain's politics would inspire that many objections.
It would be interesting to see if Chick-Fil-A takes up Brookins on his offer. At the very least something good might come out of this mess.
We'll see.
Conservative news organizations have tried to make a case that this comment didn't mean that Cathy was against gay marriage, but it reeks of willful denial. Sure, he didn't say that he was against LGBT families, but given the context, it's hard to imagine what else he would have possibly meant.
The controversy quickly erupted as some organizations tried to distance themselves from Chick-Fil-A while other, more conservative organizations turned it into a rallying cry. But the issue didn't have any local, Chicago area significance until Ald. Joe Moreno (1st) decided to weigh in.
Chck Fil-A already has a location in Chicago's Near North neighborhood, and it's looking to open another one in Logan Square. Specifically, the section of Logan Square that is part of Moreno's 1st Ward. But before they can do it, they need City Council to make some zoning changes.
As I mentioned before, the aldermen usually get the final say over any zoning changes within their wards. It's not something that has any basis in law - just one of the many, many unwritten privileges the aldermen accumulated over the decades. Countess aldermen used it to help businesses they supported - or block businesses they didn't like. And that's precisely what Moreno decided to do.
The alderman announced earlier today that he will block Chick Fil-A's zoning request because their homophobic beliefs were incompatible with the values and beliefs of his ward.
In political terms, Moreno risks nothing. The 1st Ward runs through parts of Bucktown, Wicker Park, Ukrainian Village and Logan Square - gentrified neighborhoods where hipsters are common and voters tend to lean distinctly to the left. Mayor Emanuel and Zoning Committee chairman Alderman Solis (25th) announced that they support Moreno, so he has nothing to worry about from the City Council.
This isn't the first time Alderman Moreno used his powers like this. Last year, he used them to keep Wal-Mart out of Logan Square. But in that case, at least, he could talk about the chain's labor practices, damage to local business and other economic factors that would have potential to affect the neighborhood as a whole. Chick-Fil-A is being signaled out purely because of its owners beliefs.
The free speech concerns here are obvious. But, as others have pointed out, it also invites the question of what sort of precedent it would set, and what implication it would have for other businesses. Logan Square resident Seth Lavin put it best in a series of tweets to Moreno
Questions for my alderman:
- What test are you going to use to determine LGBTQ policy of other existing and new businesses?
- Will you be looking at bisiness campaign donations to anti-gay marriage candidates as disqualifier, or just CEO's stances?
- Is extension (or lack) of benefits to same-sex couples your criteria for business disqualification or just public statements?
- Do you trust the other 49 aldermen in following your precedent by policing ward businesses for leaders' discrimination?
- Will you tell anti-gay churches (like this one) moving to Logan Square that they're unwelcome?
- Will you make it clear to Boy Scout groups that they're unwelcome in the ward
There is also the question of whether or not Moreno should have used his zoning privilege at all. The alderman likes to present himself as a reformer who believes in accountability. Sure, his actual record is a bit more mixed, but I'm willing to bet that if, for example, Ald. Margaret Laurino (39th) blocked a gay bar from opening in Sauganash because it conflicts with the neighborhood's family-friendly atmosphere, Moreno would call out Laurino for discriminating against a minority group.
Zoning privilege is power ripe for abuse. There are no checks and balances against it. And personally, I have all sorts of reservations about the fact that it still exists at all.
Should I give Alderman Moreno a pass just because he's using it to punish an organization that I oppose?
Honestly? I don't know. and I can't say I wouldn't do the same if I were in his shoes.
That bothers me.
I chatted with tweelore about it, and she told me that I didn't consider.
Basically I see [Alderman Moreno] as someone who is looking out for the public's best interest by hindering the business of those who support human rights violations, ie, denial of the right to legal marriage between consenting adults. Not because [Dan Cathy] believes homosexuality is sinful, which is fine, but because [Cathy] has a definite political agenda in donating money to groups who oppose same sex marriage.
There is definitely something to that, too. Heck, if Moreno himself used that line of reasoning, I might have been less ambivalent.
For now, Moreno is sticking to his guns, even as some are starting to wonder whether or not his position will survive a lawsuit. To my knowledge, the aldermanic zoning privilege has never been challenged in court. Is there even a legal precedent for that sort of thing.
Meanwhile, Ald. Howard Brookins (21st), the chairman of the Black Caucus, went on record saying that he'd welcome Chick Fil-A in his ward. The 21st Ward, which includes Brainerd, Longwood Manor, Princeton Park and parts of West Chatham, Gresham and Washington Heights. All of those neighborhoods have struggling business corridors, and local employment opportunities are scarce. Having a Chick-Fil-A wouldn't solve all those problems, but it would help. And, given that residents of that part of South Side tend to lean socially conservative, I doubt the chain's politics would inspire that many objections.
It would be interesting to see if Chick-Fil-A takes up Brookins on his offer. At the very least something good might come out of this mess.
We'll see.