Should burgers, clothing, or even admission to a public baseball game be discounted on the basis of whether or not you happen to carry religion literature? Pennsylvania First Amendment activist Carl Silverman doesn't think so, and has challenged a local baseball team over its discriminatory and exclusionary promotions.

he Maryland Commission on Human Relations filed charges last week against the Hagerstown Suns baseball team for promoting a discriminatory "Church Bulletin Day" discount to families attending games. The action is a victory for Waynesboro, Pa. Atheist Carl Silverman, who has been protesting the church discount since he went to a game on April 12, 1998 with his two daughters. Upon approaching the ticket booth, Silverman noticed that families of up to six persons were receiving a group admission rate if they produced a church bulletin.

   "I informed the ticket clerk that 'I'm not religious, I don't have a church bulletin.'" Mr. Silverman was then informed that he would have to pay the full admission price. "I believe this practice to be discriminatory and a violation of my civil rights," Silverman told AANEWS last April.

   Since then, the 43-year old state-church separation activist has been battling the Suns for a more equitable admissions policy, one which does not discriminate on the basis of religious belief -- or the lack of it. "Non- churchgoing families should not be expected to go into a church to retrieve a document to receive equal treatment," Silverman insists.

   The Hagerstown Suns Baseball club is a Class A affiliate of the Toronto Blue Jays; according to Silverman, they play in a taxpayer-financed Municipal Stadium. He adds that civil rights legislation "specifically mentions athletic teams and stadiums as 'public accommodation,'" and notes that the club has been attempting to obtain state and local funding for a new stadium. "Why should we be financing facilities for an athletic team that uses public money while discriminating against taxpayers who don't attend church?" asked Silverman.

   By August, 1998, Silverman complained to the Maryland Commission on Human Relations. The Suns management refused to alter their policy, though, and continued promoting the church bulletin discount night as they had for the last four years. General Manager David Blenckstone told media, "We have never required fans to have a religious affiliation to receive our special Sunday discount. We only ask that they provide a Church bulletin." The Commission, hoping to avoid the time and expense of legal confrontation, privately urged the club to simply end the discriminatory promotion and settle the matter for a token $500 fine. Suns management declined, though, and a "cease and desist" order was issued on June 12, but ignored. On July 29, 1998, the Commission ruled that there existed "probable cause" for a valid charge of discrimination against the Hagerstown Suns.

   Management continued to promote the church bulletin discount, and even announced a "Faith Community Night" for their August 15 game. A cosponsor of the event was WJAL-TV based in nearby Chambersburg, Pa. Although affiliated with the Warner network, WJAL advertises itself as "Family TV 68"; its corporate mission statement proclaims, "Steadfastly serve God by providing the finest most honest (sic) Scripturally correct Gospel-promoting programming possible."

   According to the local Herald-Mail newspaper, unless the Suns and Silverman reach asettlement, the case will head for a hearing sometime this summer before an administrative law judge. The Suns remain defiant, though; Mr. Blenckstone told media, "we haven't done anything wrong," and described the church bulletin discount as "a healthy promotion for the ball club and the community." Carl Silverman was less upbeat about the situation, though, saying that from prior history, the case could go either way. Any ruling from the administrative judge could also be appealed to the three-member Board of Commissioners, and the case could even end up in front of a Circuit Court.

   Should religious affiliation -- or the willingness to venture into a mosque, church or temple in order to obtain a bulletin -- be a condition for getting a discount on athletic events ... or even a hamburger? The Hagerstown Suns management has turned the church bulletin night promotion into a high-profile media issue, and the case has gained the attention of several religious right groups and web sites. But not all companies use religion to peddle their products or services.

   While Carl Silverman was protesting the church bulletin night, Pennsylvania American Atheists State Director Elizabeth Burcin happened to stop in at a local Burger King for lunch. "On the way out, I noticed a flyer on the bulletin board stating 'Bring a church bulletin on Sunday and get a small fries free.'" That struck Ms. Burcin as yet another form of bias against Atheists, or, indeed, anyone who didn't happen to have a church bulletin.

   Ms. Burcin returned to Burger King the following day. "I told the manager I had a problem with their little promotion." Burcin informed the shift head that she was an Atheist, and that the promotion discriminated against others as well, including Jews, Muslims, Buddhists, and anyone else who didn't attend Sunday services. She later found out that the promotion was taking place at all other Burger King outlets in the region.

   A courteous letter from Liz to the Burger King management finally generated a response. On August 5, 1998, the legal counsel for the franchise owners thanked her for her concern, and advised that the church bulletin promotion had been terminated.

   The Hagerstown Suns, though, are less willing to observe the Civil Rights Act of 1964, which declares that "all persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation..." Carl Silverman argues that the baseball team events, especially since they are held in a municipal stadium, are truly a "public accommodation," not an exclusive private club. The fact that the Suns want more taxpayer money for a new stadium -- one that would be financed by members of all religious faiths as well as Atheists -- supports his argument. In the meantime, the Suns remain intransigent, and still provide a discount for those clutching a church bulletin.

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