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Tuesday, April 17, 2007

Muslim Taxi Drivers Cannot Refuse to Take Passengers Carrying Alcohol

Here's the news:
Muslim cab drivers at Minnesota's biggest airport will face new penalties including a two-year revocation of their taxi permits if they refuse to give rides to travelers carrying liquor or accompanied by dogs, the board overseeing operations ruled Monday.

The Metropolitan Airports Commission, responding to complaints about the liquor issue, voted unanimously to impose the new penalties beginning in May.

A large number of taxi drivers in the area of the Minneapolis-St. Paul International Airport are Muslim Somali immigrants. Many say they feel the faith's ban on alcohol consumption includes transporting anyone carrying it.

Some also have refused to transport dogs, both pets and guide dogs, saying they are unclean.

The new rules cover any driver who refuses a ride for unwarranted reasons, including those who refuse to take short-haul passengers in favor of more lucrative longer trips. They can still refuse fares for certain reasons, including threats to their safety.
This issue is hard to sort out. There's obviously the question of freedom of religion, and that these drivers have every right to forbid taking alcohol and dogs into their private cars - when driving as private citizens. However, even if the cab belongs to them, once they become licensed by a municipal agency, one has to assume that the heavy regulation involved includes having to follow a stricter set of guidelines than those a driver might be allowed to follow if he was part of a private car service. The new rules prevent cab drivers from refusing passengers for any reason - not just religious ones. Of course, there's the fact that no one is forcing anyone to drive a taxi, of course. And who can ignore the old slippery-slope question of, to what end? If we allow taxi drivers to refuse customers because they are traveling with alcohol or dogs, what's next? Refusing to transport women who are dressed inappropriately? Refusing to transport passengers who are openly homosexual?

This issue is probably most comparable to that of the right of pharmacists to refuse to sell Plan B contraceptives on religious/moral grounds. A pharmacist is permitted by law in most states to refuse to dispense the contraceptive, but must have a sign on the storefront proclaiming that they do not carry it. Why should pharmacists have the choice to limit their services based on their religious beliefs without losing their licenses - but not Minnesota cabbies? It would seem to follow that cabbies should either be allowed to refuse passengers as long as they put a visible decals on the sides of their cabs proclaiming that they will not transport alcohol or dogs - or that pharmacists should lose their licenses if they refuse to dispense Plan B. I mean, who's to say that one person's religious beliefs are more compelling a reason to refuse service than another's?

This issue is so hopelessly convoluted that it gives me a headache. Feel free to chime in while I go take two advil.

51 Comments:

Anonymous Anonymous said...

As I recall, past coverage indicated that so many cab drivers were Moslem that people had to wait a long time to get a cab willing to take them if they were carrying alcohol.

This is not one or two cabs and the pharmacist example would only be accurate if we said 60-75% of the pharmacists in the area refused to sell Plan B and Plan B was defined as an important public service.

This is more analogous to a private bus routes charted by a city that demanded that men and women sit seperately and others had little alternative in the matter.

9:58 PM  
Anonymous Anonymous said...

Cab drivers are regulated and are limited in their numbers to balance the needs of the public to hail a cab versus traffic congestion. Thus the concept of a taxicab medallion. So the city licenses you to drive in return for the public service the cab provides. There is no such regulation of pharmacists. Anyone who has the education and passes the appropriate exams can hang up a shingle.

IOW the difference is that the number of taxi drivers is legally limited, so it is imperative that all taxi drivers serve all segments of the population. No such limits exist for pharmacists.

RWM

10:20 PM  
Anonymous Anonymous said...

you can compare this to anything.

should a chassidic police officer be allowed to not touch women? (no)

should a catholic doctor be able to never prescribe birth control if requested? (no)

should a librarian be allowed to prevent teens from borrowing books she feels are too mature? (no)

10:43 PM  
Anonymous Anonymous said...

ummm, how about these are both non-constitutional based decisions and each state, group, will take a different approach?

the taxi-cab rule came from a private group which has the right to create these facially non-discriminatory rules which are rational and without animus while the pharmacists rule is a state based law.

there's no need for these two to be treated in a similar fashion.

12:45 AM  
Anonymous Anonymous said...


there's no need for these two to be treated in a similar fashion.


It isn't about whether there is a NEED for it. This is the blogosphere. It's just about conversation, which there's never a NEED for.

The two are similar, whether they are exactly the same. The point is whether someone can deny the was they provide service because of religious beliefs. And whether doing that forfeits some kind of privilege.

As we see here, in some cases it does, in some it doesnt.

12:57 AM  
Anonymous Anonymous said...

well, a pharmacist can work in a store that allows him or her to refuse to dispense plan b, as opposed to a chain drugstore do not allow it like walmart or target.

the taxi drivers have the samechoice. if they choose not to take those kinds of passengers, they just have to stay away from the airport.

listen, i choose not to go to saturday meetings for my work.

its all a tradeoff.

1:00 AM  
Anonymous Anonymous said...

I think that next we should have all the nude paintings and sculptures removed from public art museums. right? why should we prevent very religious people from going to public places? < / sarcasm>

1:08 AM  
Anonymous Anonymous said...


This is not one or two cabs and the pharmacist example would only be accurate if we said 60-75% of the pharmacists in the area refused to sell Plan B and Plan B was defined as an important public service.


Uh...ok. So you're saying there aren't areas down south or in the midwest where most pharmacies dont dispense plan B? You're very incorrect. also, to say that Plan B is not an important service is shocking.

1:15 AM  
Anonymous Anonymous said...

om, your suggestion:

"It would seem to follow that cabbies should either be allowed to refuse passengers as long as they put a visible decals on the sides of their cabs proclaiming that they will not transport alcohol or dogs -"

is pretty accurate to reality:

"In September 2006, the Metropolitan Airports Commission (MAC) proposed a two color top-light pilot project to indicate which drivers would accept passengers with alcohol. The proposal, later dropped, would apparently have marked the first time that a government agency in the U.S. officially recognized Shariah law, and distinguished individuals who follow it from those who don’t. "

1:20 AM  
Anonymous Anonymous said...

I think we should put a frosted window up at the gym so that no orthodox men passing by should have to see women exercising - oh wait.....

1:21 AM  
Anonymous Anonymous said...

This is the bottom line. We sometimes have to sacrifice to be religious. I give up weekend retreats and the food at firm events. Christian Pharmacists may give up working at chain pharmacies. And these cabbies should have to give uo working on the airport beat.

I'm just sayin'.

1:27 AM  
Anonymous Anonymous said...

The issue is not convoluted at all. Pharmacists should not have the option to refuse to dispense certain prescriptions. No one is forcing them to be pharmacists. If they're so principled about this, then they should seek a new profession.

No state should have a right to legislate such a law.

The same goes for cabdrivers in Minnesota. The practice is abhorrent and the municipality did the right thing.

8:10 AM  
Anonymous Anonymous said...

"I think we should put a frosted window up at the gym so that no orthodox men passing by should have to see women exercising - oh wait....."

I disagree with this, too. If owmen in the gym choose to prevent people from looking in on their exercising, orthodox jews or otherwise, then that is their prerogative.

But no one should insist they do.

8:13 AM  
Blogger Zach Kessin said...

Sometimes getting right with G-d requires us to make sacrifices. If I was a Doctor (I'm not) and thought that giving an unmarried woman birth control bills was always immoral (I don't) I would have to make some choices. I could choose to say become an ENT or cardiologist or go into a field where it was not a factor. Or I could choose something else. However as a doctor one must put the interests of the patient first.

These cabies are holding providing a service to the public. They should be required to take any person who wants a ride and can pay. You say you don't want to carry dogs or booze, then its time to find a different line of work.

8:27 AM  
Blogger Sarabeth said...

As employees of the municipality, aren't the cabbies obligated to do whatever the government tells them to do, i.e. refusing passengers only in the cases specified?

9:06 AM  
Anonymous Anonymous said...

OM, you seem to implicitly ask why there is a need to require cabbies to pick up all fares. I think the reason is the same as why while in college, when out with an African-American friend, I was always the one who hailed the cab (even if we were going seperate ways). Cabs often refused to pick up minority passengers because of a fear that they will want to go to neighberhoods where cabbies fear to tread (drive). Similalry, I had a friend who drove a NYC cab for a while, and he used to drive around with his "off duty" lights on. He did so because that enabled him to pretend it was the end of his shift and ask fares where they were going and reject going to "bad" areas without fear of TLC punishment.

10:16 AM  
Blogger AS said...

You can try to take two advil unless you go to an amish drug store..they don't belive in us western medicine people...

12:03 PM  
Anonymous Anonymous said...

I think it's amazing how all the liberal types scream about how we should be more accepting of multiculturalism and other left-wing social causes because it benefits our own freedom of religion, but when an actual case of choosing to follow one's religious convictions comes up they all start saying we should make sacrifices and compromise our religious convictions. So basically, as long as you like my religious conviction than you'll protect my rights, but if it goes against your liberal convictions then my religious rights don't mean squat. Hypocrites!

4:26 PM  
Blogger YMedad said...

And what about cleaning up after those nasty Kiddush parties during the Rabbi's sermon? Can one employ a Muslim or not?

5:16 PM  
Anonymous Anonymous said...

i think that the case of the pharmacists not selling plan b is more comparable to a muslim cabbie transporting a passenger to a bar.
when a pharmacist sells plan b they are helping someone do an act that is against the pharmacists religion. Cabbies transporting someone who has alcohol arent helping the person do anything wrong or drink the alcohol. It would be comparable to a muslim transporting a passenger to a bar that is helping the passenger get to the place where he can get drinks

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