What does that even mean?
0Over in Twitterville someone posted a link to a news story about someone annoyed that a landlord doesn’t want her renting because she has firearms.
I didn’t read the story, but I didn’t need to. I responded “My house, my rules”. Landlords have all sorts of rules, like no pets, no children, no smokers, on and on. As long as it’s not legal discrimination, I don’t see a problem with it.
So, someone responds to me “My cake, my rules. See how that works?”
What the hell does that even mean?
- 7 comments, 5 replies
- Comment
Uh excuse me the 21st amendment says I absolutely can turn your AirBNB into a moonshine distillery and there ain’t a damn thing you can do about it. Now get out before I sic the dogs on you
@Moose GET OFF OF MY LAWN!
@Moose what about a meth lab?
I believe they’re referring to the case of the baker who refused to bake a cake for an LGBT couple’s wedding.
It’s an allusion to the idea that a business, in this case a landlord, cannot override someone’s constitutional rights.
I’m not sure how it really applies here, though.
@Thumperchick you’re right it doesn’t really apply.
Mr. X might say he has the right to bare arms, but Mr. Y has the right to refuse guns on his property. There is a well established precedent behind this with many places across the country banning weapons on site from government buildings, to stadiums, to private shops and residences.
The courts have never granted such rights Towards being allowed to discriminate based on sexual orientation. There is no legal precedence that says private businesses can refuse to serve you for being gay. Theres are several laws that prohibit discrimination based on sexual orientation. Unfortunately its not in constitution like other discriminations so all that could change one day.
@OnionSoup I will say upfront: I do not know enough about constitutional law to discuss this intelligently. I am curious though what rights a landlord surrenders when renting. I suspect some of that varies state to state. For example a landlord in some states has the right to enter a dwelling without prior notice. Some states require prior notice, and some states require the approval of the tenant prior to entry. I speculate some states may prohibit a landlord from making rules which infringe on the lawful pursuits of a tenant?
EDIT: it seems the article @lisaviolet linked below agrees with my theory.
Especially if they’ve had issues in the past, I can see how they could have a rule citing safety and/or potential damage to the property. Suppose one tenant was shot through the wall by another tenant. I’m not sure what type of insurance the landlord would have to cover such things. I suppose the person with the gun would be criminally responsible, but is the landlord legally responsible for ensuring a safe premises?
I mean, you have the right to own and hide your guns from the landlord, but if they find them, they could kick you out for violating terms of lease. In the event of an incident, they would also have the signed lease to prove you tried to prevent it.
The “my cake, my rules” is indeed in reference to the bakers who have refused to bake cakes for customers simply because they belong to a protected class of people.
I suspect one scenario has good intentions and the other is just someone being a dick.
Well, this was the response when I brought up children, smoking and pets:
“Can you point to exactly where in the constitution pets and smoking are covered in the Constitution? Have you ever read the constitution by chance?”
I responded "If I don’t want firearms on my property that’s my choice. Show me in the constitution where it says I have to allow them? You want your firearms?
Find another place to live."
Just damn.
Yeah, that’s a silly argument. The landlord isn’t telling people that they aren’t allowed to own firearms, just that they aren’t allowed to live there and keep them on the landlord’s property. I mean, the courts do weird things when stuff like this is challenged, so who knows how they’d rule if it came to that, but I agree with you that it’s the landlord’s choice legal choice at this point.
Where I live is no smoking (any legal substance) and it is grounds for eviction (I say woohoo) They allow pets but limit those to cats and dogs (Hey, I want a snake, a tarantula, etc) (and only some breeds)
But hey, no guns, I can dig it, as long as I can have my swords and knives, I’m cool (I gave up the bows and arrows when I moved.)
@Cerridwyn
Pet tigers! They’re cats!
I just found this:
https://arpola.org/can-say-no-guns-rental-property/