Now, a number of elected politicians have jumped into the fray, including Mayor Thomas Menino of Boston. The Boston Herald describes the mayor's involvement as thus:



Mayor Thomas M. Menino is vowing to block Chick-fil-A from bringing its Southern-fried fast-food empire to Boston — possibly to a popular tourist spot just steps from the Freedom Trail — after the family-owned firm’s president suggested gay marriage is “inviting God’s judgment on our nation.”

Menino's quotes are rather more ambiguous than "blocking," which appears to be a word the Herald choose, not Menino. “Chick-fil-A doesn’t belong in Boston. You can’t have a business in the city of Boston that discriminates against a population. We’re an open city, we’re a city that’s at the forefront of inclusion.” A copy of the letter sent to Cathy ( pdf ) only says, "I urge you to back out of your plans to locate to Boston." Menino later backed away from the position he'd "block" Chick-Fil-A, conceding he didn't have the power.

Meanwhile in Chicago, a city alderman Joe Moreno has gotten into the act and seems to be a little more aggressive and unrepentant about exercising the power he feels he wields. From the Huffington Post:



Chick-fil-A has obtained a zoning permit for the restaurant but needs approval from the City Council to divide the land, Moreno said. And in a city where the City Council rarely go against the wishes of the alderman, Chick-fil-A needs Moreno's help. Moreno said holding up construction would be as simple as refusing to introduce an ordinance to subdivide the land where Chick-fil-A wants to build.

"take a hike and take your intolerance with you"

Mayor Rahm Emanuel jumped in this his agreement, and later walked it back somewhat.And in Philadelphia, James F. Kenney, city councilman At-Large released a rather scathing letter of condemnation. He also announced his intention to present a resolution of condemnation to the Philadelphia City Council. It appears this is a non-binding resolution of condemnation although it has apparently not been released.

I totally appreciate and applaud politicians attempting to help through the power of the bully pulpit by expressing their personal views on Chick-Fil-A. But politicians should resist the urge to play to the cheap seats with promises to use government mechanisms to block Chick-Fil-A's expansion or livelihood.

Let's be clear on the nature of complaints about Chick-Fil-A. They are mostly surrounding the political speech of its president and the political donations of the corporation.

And although, I believe what Chick-Fil-A is involved in is egregious, offensive, divisive, hurtful and a root cause of rising LGBT hate crimes rates, extraordinarily high rates of homelessness among LGBT youth and the bullying and suicides of LGBT youth, I also believe what they are doing is legal. Speech and corporate political donations are constitutionally affirmed, even lamentably so, by the Supreme Court in Citizen's United. These are the rules of the game.

I've been very outspoken critic of Chick-Fil-A's activities (duh, see this, this, this and this). I'm no fan of Chick-Fil-A.

But, I am a big fan of the First Amendment. I think people should be free to speak their mind however they see fit. As the most devoted among us believe, especially when it offends people (even me). Free speech belongs to the gays and atheists, and Chick-Fil-A and the Klu Klux Klan and Fred and Margie Phelps, or it belongs to no one.

Let's not confuse a right to free speech with the right to be insulated from the consequences of offending people, as the Right likes to do. They love to complain about "being silenced" when they are protested. Although, we have yet to see any evidence any anti-gay people have ever been "silenced," alas. For a people so vulnerable to "silencing" they sure are relentlessly noisy in expressing their opinions. I present exhibit A:



Always classy: Sarah and Todd Palin exercised their First Amendment right to free expression

in support of Chick-Fil-A on Friday. ( Sarah and Todd Palin exercised their First Amendment right to free expressionin support of Chick-Fil-A on Friday. ( Facebook

The kids are alright: Thursday, at a store grand opening in Laguna Hills, CA,

Youth from

donations to anti-LGBT organizations. ( Thursday, at a store grand opening in Laguna Hills, CA,Youth from Youth Empowered to Act distributed fliers to inform potential customers of Chick-Fil-A'sdonations to anti-LGBT organizations. ( GLAAD

The thing about free speech that seems to escape such people is no one has a constitutionally guaranteed right to get the last word in any disagreement. Mr. Cathy is entitled to say any disgusting thing that comes into his mind, and those who disagree are free to express that disagreement ... and in perpetuity.But politicians and even people who are viscerally charmed or delighted by the mayor and alderman's threats should remember there's a big difference between individuals, even groups expressing disagreement or protesting, and the government using brute force to punish any business based on the companies' political speech and donations. The latter is a bridge too far for me. We don't deny building permits because we don't like what the proprietor says or who he supports with his perfectly legal political donations. That isn't the reason the government is empowered to grant or deny building permits.

Menino and Moreno's comments have unfortunately derailed the conversation to some extent and moved it into some uncomfortable and unflattering territory even prompting some unlikely people to give perhaps a reluctant defense to Chick-Fil-A. Agreeing with Kevin Drum, his colleague at Mother Jones, Adam Serwer said, "Menino and Moreno have it wrong."



Chick-fil-A should not be prevented from opening business because of the views of its leaders, or his donations to anti-gay causes. But gays and lesbians in Illinois and Massachusetts have the right to be free from discrimination in employment based on who they are. They also have a right to protest, boycott, and make Chick-fil-A's customers aware that their purchases fund anti-gay activism. If Chick-fil-A discriminates in hiring or refuses to serve customers on the basis of sexual orientation, the local authorities can and should hold him accountable. Until then, the politicians should get out of the way.

It's tempting to leverage whatever state power we have to fight [bigotry]—and there may even be legitimate ways to do that. But that's all the more reason to be vigilant about the Bill of Rights. It's a bulwark against what could happen if [bigots] are successful [at seizing control].

Digby adds her concurrence to Serwer succinctly: "We don't do that here." Indeed, there are legitimate ways. Unfortunately for Chick-Fil-A, their higher profile may invite heightened scrutiny of their questionable employment practices which have been said to include religious discrimination (including a 2002 lawsuit by a Muslim restaurant owner who refused to pray to Jesus) and gender discrimination. They are currently facing a gender discrimination suit from a woman who claims to have been fired and told she should be a stay-at-home mom. But these and possible LGBT employment discrimination in states where such laws apply, like IL, CA, NY, NJ and NM, are an entirely separate matter from their political views and donations.

So, I feel compelled to voice my agreement with Serwer and Digby, and a handful of others, like and Glenn Greenwald. and his Salon colleague Mary Elizabeth Williams, and James Peron at the Moorfield Storey Institute who writes at Huffington Post, "Shut Down Chick-fil-A Properly." Utilizing a regional upper-hand is a tactic that is at best, ill-advised, and at worst, a blatant violation of the First Amendment.

I confess, I have little optimism an organized boycott of Chick-Fil-A will deliver serious damage to their fiscal bottom line, or ever "shut down Chick-Fil-A." I suspect it might play out much like National Organization for Marriage's failed boycott efforts aimed at Starbucks and General Mills, as a laughable and embarrassing demonstration of impotence.

Which is in no way to say protesting Chick-Fil-A is pointless.

But Chick-Fil-A's critics would be well-served to recognize it's time to settle in for a long game. There is gain to be made by focusing a public education spotlight on the groups Chick-Fil-A supports, like Bryan Fischer's American Family Association and Tony Perkin's Family Research Council whose nefarious, hateful rhetoric and activities are masked by innocuous-sounding names and a veneer of "good Christianity."

Activists too might hope to make Chick-Fil-A a corporate pariah so other companies won't be inclined to sully their own brand by association. Leaning on sponsors to distance themselves from Rush Limbaugh has proven been a very effective tool.

Getting a big karate chop from Miss Piggy and the Muppets this week was doubtlessly a big embarrassment for Chick-Fil-A, particularly evident as they've since they've taken to lying about the reasons the relationship with the Jim Henson Company was severed.



And Chick-Fil-A is doubtlessly rich with partnerships and joint ventures that could be vulnerable. They currently have a four-year marketing agreement with PBS, as well as a high-profile one with ESPN in the annual college football Chick-Fil-A bowl. ESPN recently launched ESPN Equal Ally an extension of ESPN Equal program aimed at educating people to LGBT discrimination in the work and play space. The question is begged, can they really work to end homophobia in sports while partnering with corporations that openly foment it?

Do the college football organizations affiliated with the Chick-Fil-A bowl really want to be associated with the company? Leveraging college football was a particularly effective tool at ending the Mormon Church's racially discriminatory practices back in the 1970s. College student councils might provide some serious pressure by taking up a cause of demanding their university boycott the event. Just a few big colleges saying no might create an existential threat to the entire venture. Imagine the public embarrassment of a southern company getting kicked out of football event.



We got this: Thursday Human Rights Campaign staged a protest outside of a Chick-Fil-A food truck

in downtown Washington, D.C. Protestors pass out fact sheets to raise awareness about the millions of

dollars the company has donated to anti-LGBT organizations

Those fighting for equality have lots of tools in the tool box. Let's trust in them, because they can ultimately get the job done. Big government social engineering and feckless disregard for the Constitution are not among the right wing's tactics the Left needs to imitate.