A recent controversy involving Congressman Dan Goldman and a Brooklyn coffee shop seems to me to illustrate a problem that goes beyond public accommodations law, narrowly understood.
According to reports, Goldman visited Poetica Coffee with his young daughter. The shop later posted on social media that, had staff recognized Goldman, they would not have served him. The post objected to Goldman's support for Israel, reportedly refunded his purchase, and told him not to return. Goldman, who is Jewish and known as a pro-Israel Democrat, has since lost his Democratic primary in New York's 10th congressional district to a more progressive candidate. That result does not decide the legal issue, of course, but it does help explain the political context. Israel and Gaza have become intensely divisive issues, especially within the Democratic coalition.
The Department of Justice has announced that it is looking into whether the coffee-shop incident violated federal civil-rights law. The legal question is not straightforward. Public accommodations laws do not require businesses to serve everyone in every circumstance. They prohibit discrimination only on specified protected grounds—one of which is religion. Some jurisdictions protect political affiliation or political ideology in public accommodations as well, but federal law, New York State law, and New York City law do not.
