Bailey’s Pizza, a new restaurant on Race Street, is facing a potential lawsuit after a secular organization noticed the restaurant offers a discount on Sundays for customers who bring in a church bulletin.
The Freedom From Religion Foundation (FFRF), an organization based out of Wisconsin, believes that this practice is religious discrimination and a violation of Title II of the Civil Rights Act of 1964. The organization sent a letter to Bailey’s owner Steve Rose explaining their position and threatening to proceed with judicial action if he continued to offer the discount.
FFRF Attorney Liz Cavell said there is no ongoing lawsuit at this time, but she does believe what Bailey’s Pizza is doing is illegal.
“It is a discount that rewards churchgoers on the basis of religion,” Cavell said. “We continue to think those discounts are illegal.”
Rose, however, said he believes that he is well within his First Amendment rights, and those who would like to be included in the discount without attending church can simply print a bulletin out.
“A great comment someone made on our Facebook page was ‘the bulletin, like the gospel, is free to all,'” Rose said.
Cavell said in spite of this argument, she still feels that a discount targeted toward a specific religious organization in any way is discriminatory.
“It has been said that this is no different than printing a coupon in the newspaper,” Cavell said. “My response to that is, I don’t understand why it wouldn’t just be advertised that way then, as a 10 percent off coupon in the paper?”
Rose said that promoting his businesses in a way that also speaks to his faith seems like an obvious decision and a good marketing tool, since he believes he has the right to do so.
“That’s the beauty of being an American,” Rose said.
Since the FFRF letter was featured in the news, Rose said he has received an outpouring of encouragement from viewers across the globe. According to Rose, one out-of-state customer is donating hundreds of dollars in pizzas to local organizations each day this week, including the Searcy Police Department, the Fire Department, Hope Cottage and the Sunshine School.
Other small businesses have begun offering the exact same discount as Bailey’s as a form of protest. Yet another supporter mailed Rose $1,500 to use as he saw fit.
This donation sparked an idea: Rose is now partnering with a non-profit Christian law firm called Advocates for Faith & Freedom (AFF) to create an organization dedicated to facilitating small businesses in sharing their faith in a non-discriminatory manner.
“We don’t hate or exclude anybody,” Rose said. “If we did we wouldn’t be in sync with God.”
AFF senior legal counsel, Jesse Randolph, said he believes the owners of Bailey’s are the ones facing persecution in this situation, and the firm will represent them in court free of charge if necessary.
“The purpose of our foundation is to defend the public right to express your faith,” Randolph said. “Instances like this one are examples of the hostility growing towards Christians.”
As for the discount posted on the Bailey’s Pizza sign, Rose says it is not going anywhere.
“I think this is a calling from God to bring the truth of an authentic Christian stance to the world,” Rose said. “We aren’t against anyone. We are for God.”
