A&W Faces Religious Speech Censorship Issue. This Rocky Mountain News editorial discusses the local A&W franchisees whose biblical references on the A&W marquee have created a flurry of debate involving A&W and the Anti-Defamation League (ADL). The ADL claims that the franchisees' marquee statements like "One quarter pound all beef Coney dogs / chili cheese fries / Proverbs 10:9 / He who walks purely walks securely!" discriminate against employees and customers on religious grounds. After receiving complaints from the ADL and unidentified individuals, A&W sent a cease and desist to the franchisees and demanded that the franchisees stop quoting Bible verses on the marquee. The author questions the rights of a franchisor to restrict the franchisees' religious speech. It seems clear to me, however, that while the franchisee may have the constitutional right to engage in religious speech, it does not have the right to associate such speech with A&W's federally-registered trademarks.
Posted by franchiselawblog at February 3, 2004 12:01 PM