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Re:What a progressive utopia does to outdoor dining by wolverine876 on Monday December 13, 2021 @06:21PM (#29546067)
I agree we can (afaik), but I mean to address the main question, should we? I'm not saying Home Depot has a case for equal protection, but using the analogy to point out the absurd aspects of giving free public real estate to a private business (while there are other aspects that are not absurd).

I thought we, Hacker News commenters, decided? ;)

Re:What a progressive utopia does to outdoor dining by PaulDavisThe1st on Monday December 13, 2021 @06:31PM (#29546154)
We would not be giving free public real estate to a private business. We would be giving a permit to use public real estate for a publically-endorsed purpose, a public good.

It's no different than allowing private bus companies to drive on public roads, or ice cream vendors to sell from their carts in a city park. We think those are good things, so we allow private businesses to do them.