Legal Question in Constitutional Law in New Jersey

Religious music played in health clubs

CURVES is a national woman's ''gym'' franchise. It requires new members to pay an initial membership fee, and a one year contract with additional monthly fees. The workout is accompanied by a wide variety of music - oldies, dance, contemporary, etc. I was surprised that Christian Rock was being played. The argument by the Curves staff is that a wide variety of music is played. I'm concerned because the music has a very clear pro-Christian message, and there are no other religions represented in the music rotation. Can a public business that does not advertise itself as a Christian business promote a Christian agenda through its' music? Are they within their rights to play whatever they want, regardless of the religious message? If it's questionable, what agency would I contact to pursue this further?

Thank you for your consideration.


Asked on 3/09/05, 5:38 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Religious music played in health clubs

You describe Curves as a "public business," but legally something is only public if it is owned by the government. Curves is a private business which, like many other private businesses, is open to the public. That is not the same thing as *being* public.

This matters because the First Amendment applies only to the government and not to private entities. The government could not promote a Christian message, but a private business can and does not have to "advertise itself as a Christian business" in order to do so.

The conduct you describe is legal, but it may be contrary to the company's policies. I doubt Curves wants to make its non-Christian customers feel like they are disfavored, and you may be able to persuade the manager or someone higher up in the company to change the music selection. In the end, though, the law does not govern what the company decides to do.

Read more
Answered on 3/09/05, 5:50 pm


Related Questions & Answers

More Constitutional Law questions and answers in New Jersey