home > newsroom ACLU Targets Religious Discounts as Religious Discrimination FOR IMMEDIATE RELEASE Wednesday September 5, 2001 SALT LAKE CITY-- The ACLU of Utah announced today that it has sent letters to both the Utah State Attorney General’s Office and the Utah Restaurants Association advising that the practice of offering “LDS” or “missionary” discounts at local eateries and retail businesses violates Utah’s non discrimination law. The ACLU became aware of the practice when Judy Bruyette of Orem wrote saying she was denied a 15% off “missionary” discount at Rodizio Grill in Orem. A priest and deacon of her church accompanied her to the restaurant. They were told that only LDS missionaries and their families were offered this discount because they were the majority religion in Utah. “This is just like offering a 15% discount for whites in the South, just because they are the majority does not mean that a business can discriminate against the minority community,” Bruyette wrote. Other local restaurants such as Sizzler and Frontier Pies have offered similar “missionary” or “LDS” discounts in Utah County. The Utah Public Accommodations Law, Utah Code Ann. § 13-7-3, provides that all persons in this state “are entitled to full and equal accommodations, advantages, facilities, privileges, goods and services in all business establishments . . . without discrimination on the basis of race, color, sex, religion, ancestry, or national origin.” “Conferring a discount on the basis of religion is clearly illegal discrimination under this law,” said ACLU staff attorney Janelle Eurick. “The practice ostracizes the religious minority in Utah and perpetuates feelings that non-Mormons are not as welcome in our communities or business establishments.” Under Utah’s Public Accommodations Law, the Attorney General is responsible for investigating claims of discrimination based on religion in local business establishments. The ACLU has reason to believe this practice is widespread and that several retail establishments offer similar discounts. “We are contacting the Attorney General’s office to investigate this matter. We hope business establishments will end this hurtful practice in the face of an investigation and before the need arises for civil rights damages actions,” added Eurick. --end-- August 31, 2001 Mark Shurtleff Utah Attorney General 236 State Capitol Salt Lake City, Utah 84114 Re: Complaints Alleging Religious Discrimination Dear Attorney General Shurtleff: We are writing to apprise you of several complaints we have received regarding what appears to be a common practice that we consider religious discrimination in violation of Utah’s non-discrimination law. As discussed in the attached letter, certain restaurants prominently advertise and offer a “missionary” or “LDS” discount on certain days or for a certain percentage off a customer’s bill. Customers who are not LDS are not given the same discount. We believe this is an “advantage” given to some customers based upon their religion in violation of Utah Code Ann. §13-7-3. The ACLU of Utah formally requests that your office investigate this practice under the authority granted in Utah Code Ann. §13-7-4. We have reason to believe this practice is widespread, not only by Utah restaurants but also by retail establishments. The practice is hurtful to those who are not members of the majority faith in Utah and only compounds the unfortunate impression that non-adherents are disfavored and disadvantaged. We hope that by involving your office the practice can be ended without resort to unnecessary litigation. Please feel free to contact our office if you have any questions or comments about this matter. Very Truly Yours, Stephen C. Clark August 31, 2001 Mr. Tom Ginney Utah Restaurant Association 420 East South Temple Salt Lake City, Utah 84111 Re: Complaints Alleging Religious Discrimination Dear Mr. Ginney: We are writing to apprise you that we have received complaints about a practice that we consider to be religious discrimination in violation of Utah’s non-discrimination law by restaurants that may be members of your association. We are hoping you will be able to advise your members that they should stop this illegal conduct to avoid liability. According to the complaints, certain restaurants offer a “missionary” or “LDS” discount on certain days or for a certain percentage off a customer’s bill. One woman told us that she and two members of her clergy were denied a 15% off “missionary discount” at Rodizio Grill in Orem because they were not members of the LDS faith. She contacted Rodizio Grill’s corporate headquarters in Denver. They agreed the practice is discriminatory and told her they would discontinue the discount. We have information that other restaurants, such as Sizzler, Frontier Pies, engage in this discriminatory practice, particularly in Utah County. Utah Code Ann. § 13-7-3 provides in pertinent part: All persons within the jurisdiction of this state are free and equal and are entitled to full and equal accommodations, advantages, facilities, privileges, goods and services in all business establishments . . . without discrimination on the basis of race, color, sex, religion, ancestry, or national origin. This statute guarantees to individuals who fall within these classifications full and equal access to the goods, services, advantages and facilities offered by business establishments such as restaurants. The law permits a person whose rights have been denied to make application to the Attorney General, who then must "investigate and seek to conciliate" the complaint. Id. § 13-7-4(1). It also allows such a person to commence a civil action for damages. Id. §13-7-4(3). The statute is applied as “broadly as possible to combat invidious discrimination in Utah.” Beynon v. St. George-Dixie Lodge #1743, 854 P.2d 513 (Utah 1993), cert. denied, 510 U.S. 869 (1993). Therefore, offering a price “advantage” on the basis of the customer’s religion clearly falls within this law’s prohibitions and is against the public policy of this state. We know you would not tolerate illegal discrimination in your restaurants or condone it in those that belong to your association. We hope that you will notify your membership that the practice of offering missionary or LDS discounts discriminates against patrons on the basis of their religion and leaves the proprietors open to civil rights lawsuits for damages and investigation by the Utah Attorney General’s office. The ACLU of Utah will also be contacting the Attorney General’s office and publicizing this matter in an effort to raise public awareness about this illegal practice and to stop this unfair discrimination against those who are not members of the majority faith in Utah. Very truly yours, Janelle Eurick Staff Attorney cc. Mark Shurtleff

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