Rasmussen v. Glass

498 N.W.2d 508, 1993 WL 107034
CourtCourt of Appeals of Minnesota
DecidedJune 9, 1993
DocketCX-92-1792
StatusPublished
Cited by4 cases

This text of 498 N.W.2d 508 (Rasmussen v. Glass) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rasmussen v. Glass, 498 N.W.2d 508, 1993 WL 107034 (Mich. Ct. App. 1993).

Opinions

OPINION

DANIEL F. FOLEY, Judge.

By writ of certiorari, relators contend a three-member panel of the Minneapolis Commission on Human Rights (Commission) erred by concluding they discriminated against respondents on the basis of creed. Relators argue the Commission erred by (a) defining the term “creed” to include more than religious beliefs and (b) infringing upon their rights of conscience under the Minnesota Constitution. We reverse.

FACTS

At the time of the events which gave rise to this action, relator Tim Glass owned, managed and conducted business as The Beach Club Deli (Beach Club). The Beach Club served food on its premises, as well as delivering food to customers within a specified delivery area. Respondent Midwest Health Center for Women (Midwest) is a non-profit clinic that provides health care services, including abortions, to its women patients. Midwest is located within the Beach Club’s delivery area.

On November 13, 1989, an employee of Midwest called the Beach Club to place a food order. She was told the Beach Club would no longer deliver food to Midwest. The employee informed the director of Midwest, respondent Jeri Rasmussen, of the Beach Club’s refusal to deliver food to the clinic. Rasmussen telephoned the Beach Club and complained to the manager, Glass, about the restaurant’s decision. Glass informed Rasmussen that the Beach Club refused to deliver food to Midwest because abortions were performed on the premises. Glass told Rasmussen that Glass had taken the position that abortion was murder.

Several days later, Rasmussen contacted the Minneapolis Department of Human Rights (Department). During its investigation, the Department contacted Glass, who told the Department the Beach Club did not deliver food to Midwest on “the grounds of moral conscience” and did not intend to discriminate against particular individuals. Rather, Glass said the decision was part of a “business to business relationship.” The Department issued a charge of discrimination in which Rasmussen alleged Glass and the Beach Club discriminated against both she personally and Midwest on the basis of sex, creed and religion. The claim of discrimination based on sex was dropped.

On October 9, 1991, the Commission conducted a hearing on the matter. Only Glass and Rasmussen testified at the hearing. Neither party was represented by counsel. The hearing was conducted in an informal manner. The Commission members questioned Glass and Rasmussen individually, with each party then cross-exam[510]*510ining the other. Each party also gave a brief closing statement. The entire hearing took less than one hour.

At the hearing, Glass admitted that he had refused to deliver food from his restaurant to Midwest, despite the fact that Midwest was located within the Beach Club’s delivery area. Glass explained that the refusal to deliver food to Midwest was not based upon Midwest’s pro-choice philosophy. Rather, the refusal was based upon the fact that abortions were performed on Midwest’s premises. Glass further explained that he would not deliver food to anyone inside Midwest’s premises. However, he stated that he would deliver food to Midwest employees if they were not inside the Midwest facility.1 Glass also stated that he would serve Midwest employees if they came to his restaurant, regardless of their view on abortion.

Rasmussen testified regarding the nature of Midwest’s business. She stated that Midwest provided a range of health care services for its women patients, including abortion services. During cross-examination, Rasmussen admitted that approximately 90% of Midwest’s business was the performance of abortions. Rasmussen testified about her commitment to the pro-choice position. She also stated Midwest’s provision of abortion services was based upon this pro-choice philosophy. Rasmussen testified that both she, personally, and Midwest, remained committed to providing services consistent with their beliefs, including abortions, despite the fact that they had both received a great deal of negative attention in the form of picketing, protests and threats.

On July 31, 1992, the Commission issued its findings of fact, conclusions of law and order, in which it found that the actions of Glass and the Beach Club constituted unlawful discrimination under the Minneapolis Civil Rights Ordinance. The Commission concluded that the Beach Club was a “public accommodation” and that rela-tors’ actions fell within the definition of “discrimination” set out in the ordinance. The Commission concluded that, by refusing to deliver food to Midwest because of its commitment to pro-choice beliefs, relator was guilty of discrimination based upon “creed.” Based upon its findings and conclusions, the Commission awarded a $500 civil penalty. Relators appealed from the Commission’s order by petition for writ of certiorari. Glass is no longer doing business as the Beach Club.

ISSUES

I. Did the Commission err in defining the word “creed,” as used in the Minneapolis Civil Rights Ordinance, to include respondents’ political and philosophical position on abortion?

II. Does enforcement of the Minneapolis Civil Rights Ordinance as to relators’ refusal to deliver food to a business based upon a sincerely held religious belief opposing that business’s practices, violate the Minnesota Constitution?

ANALYSIS

I.

The first issue before this court is whether relator Glass’s refusal to deliver [511]*511food to Midwest because he opposed Midwest’s performance of abortions constitutes a discriminatory practice in violation of the Minneapolis Civil Rights Ordinance (Minneapolis ordinance). We are convinced it does not. Relator stated he refused to deliver to Midwest “[b]ecause of their practice of doing abortions.” (Emphasis added.) In her closing statement, Rasmussen stated “[y]ou [Glass] picked an organization that you determined that was doing something that you did not agree with.” (Emphasis added.) Also, the Commission concluded Glass stopped delivering to Midwest “because Midwest performed abortions.” (Emphasis added.) Thus, at best, Glass’s refusal to deliver to Midwest is based on conduct rather than any creed or belief system held by respondents. This analysis is consistent with Glass’s testimony that the Beach Club would and did serve pro-choice persons on the Beach Club’s premises and would and did deliver to pro-choice persons not on Midwest’s premises.2

One of the stated purposes of the Minneapolis ordinance is

[t]o prevent and prohibit all discriminatory practices based on race, color, creed, religion, ancestry, national origin, sex, including sexual harassment, affectional preference, disability, age, marital status, or status with regard to public assistance with respect to * * * public accommodations.

Minneapolis, Minn., Code of Ordinances § 139.10(b)(2) (1991) (emphasis added).

The Commission held that relators’ refusal to deliver food to the premises of Midwest constituted discrimination on the basis of “creed,” defining “creed” as a “formulation or epitome of principles, rules, opinions, and precepts formally expressed and seriously adhered to and maintained.” The Commission found both Rasmussen and Midwest3

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Related

In Re Rothenberg
676 N.W.2d 283 (Supreme Court of Minnesota, 2004)
St. Hilaire v. Minco Products, Inc.
288 F. Supp. 2d 999 (D. Minnesota, 2003)
Rasmussen v. Glass
498 N.W.2d 508 (Court of Appeals of Minnesota, 1993)

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498 N.W.2d 508, 1993 WL 107034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rasmussen-v-glass-minnctapp-1993.