Is Geno's Steaks Violating the Civil Rights Act if 1964?

Potentially.

As some of you are aware, Joe Vento, the owner of Geno's Steaks has placed a sign in the window insisting that patrons order in English. No doubt, this is a response to both the current political climate and the changing demographic in that neighborhood, which includes a significant influx of Mexican-Americans and/or Mexican Immigrants. Joe Vento has always been very outspoken. But, in this instance, Mr. Vento may be on the cusp of some very important civil rights issues. For some additional context, please consider a portion of an article from philly.com:

"How do you say cheesesteak with in Spanish?

Joseph Vento, the owner of Geno's Steaks, doesn't know. And he doesn't care.

Just read the laminated signs, festooned with American eagles, at his South Philadelphia cheesesteak emporium: This is America. When Ordering, Speak English.

Vento's political statement - from a man whose Italian-born grandparents spoke only broken English - captures the anger and discontent felt by many Americans about illegal immigrants."

http://www.philly.com/mld/inquirer/news/local/14697552.htm

Generally, I consider myself an assimilationist, meaning I like a one-language nation. I believe is develops national pride and unity. Genuinely, I see it as an identifying factor. But, no one should ever be made to conform. If you do not want to speak or learn English, you should not have to. Though, I would hope you want to.

Why is Geno's a problem?

Some would say, a cheesesteak is not a constitutionally protected right, therefore, being denied one really does not mean anything. But, in reality, it is so much more important than that. The Civil Rights Act of 1964 (the "CRA") makes it so. According to the CRA, "[a]ll persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin." 42 U.S.C.S. Sec. 2000a(a). It could be credibly argued that language is an indicia of national origin. Some people only speak Spanish, Cambodian or Chinese. To deny them the ability to order food based on their language necessarily relates to their national origin. In my mind, this is paramount to discrimination. Also, the racial classification of "Latino" could be implicated in terms of this language dispute.

The CRA requires that a place have an effect on interstate commerce and includes "any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises . . ." 42 U.S.C.S. Sec. 2000a(b)(2). In this instance, the interstate commerce requirement is met because Geno's undoubtedly "serves or offers to serve interstate travelers . . ." 42 U.S.C.S. Sec. 2000a(c). In fact, Geno's name is almost synonymous with Philadelphia. It is, arguably and regrettably (perhaps) an institution. Geno's brand is found in tourist books and is a haven for tourists. They were even in a Boyz-II-Men video (Motown Philly). While they do not ship cheesesteaks, it does not matter.

Now why do I discuss these principles of law? I truly believe we are on the verge of the next step in significant civil rights litigation and advocacy. Between immigration and gay marriage, I can’t be wrong. Mr. Vento's wants, though not unreasonable, may be against the law. More importantly, Geno's Steaks should not unilaterally determine what language the populace speaks. They simply are in no position.

In addition, the sign sends a much broader message, one that screams "you are not welcome here." In a city that lives and dies by the cheesesteak, to deny one to any newcomer is alienating them. As Philadelphians, our standards must be higher! We are, after all the birthplace of this melting pot. Surely, many of our families had a tough time when they arrived from Germany, Italy, Ireland or Greece, but that does not mean we have to be equally unwelcoming to these people who contribute so much to this city and it's vibrancy. It has been almost 100 years since the last large immigration influx, don't we know better? Have we not progressed? The implications of the sign are so much greater. Especially since Mr. Vento's protest is now getting national media attention.

Without doubt, some will have issue with my stand, and potentially my analysis. But, arguably illegal conduct should never go unnoticed. I personally will not purchase a Geno's Steak until the sign is removed. I suggest you do the same. More importantly, I would welcome discussion on this issue. I would like to think that something needs to be done.