What ticks me off and isn't mentioned in the article is how the U.S Government gave permission and classifies the NFL as a non-for-profit organization[1]. This classification deters millions in taxes that any other organization of its' size would ultimately be paying.
The NFL is an entity which represents the interests of the teams' owners. The commissioner is appointed by the owners. It bargains collectively against the Player's Union and handles things like national television deals, officiating, and scheduling.
The teams themselves are where almost all of the money is. Each one operates like an independent entity that has to follow rules set forth by the NFL. This is why they're called "franchises." The NFL does gross millions of dollars each year, but it's a tiny fraction compared to each individual team and the teams themselves do not enjoy the same tax status that the league itself has.
Why does this tick you off? "Non-profit" doesn't mean it has to be a charity. It just means that they make no profit... All profits are divided among the teams and taxed accordingly. The money is being taxed, just not at the "top" level.
LOL. They make plenty, they just funnel cash to affiliates via the cost structure. Having a non-profit status enables this shell game by eliminating economic entropy.
Its 2013...this is not "news", its is standard operating procedures in many walks of life. Have you seen the television contracts for the NCAA?
Oh, wait...those are just a bunch of amateurs =D The players, maybe. But not the accountants, coaches, boosters, and administrators.
It is only a confusion of terminology. They have a lot of revenues which they spend before they can be taxed, so they declare a lot of expenditures but no profits. Many charities and religious institutions work like this.
This is true, to an extent. By design so-called "non-profits" are truly just restricted from paying dividends (which can only be paid from profits). This is illsutrative, however, in the broader sense most taxable corporate entities forgo dividends for a variety of reasons. That is to say, they find the payment of dividends to required subsequent re-capitalizations via finacial markets to have economic entropy. Companies retain their profits, as a result, for the benefit of management (avoiding market benchmarking) and to a lesser extent, shareholders. A non-profit and a for-profit company are not that much different it turns out once this is considered a point of equivalence. If you take that argument to its logical conclusion, its makes sense also not to pay taxes (more operating cash flow retention). Thus, from the perspective of principal-agent theory, an eefficientnon-profit structure fully capitalized and run equivalently a "non-dividending" but "operating profit" maximizing entity. The purpose of maximizing revenues less costs is to opportunistically extract economic rents.
This is a late reply, but your point is exactly spot on and why I assume all of us are "hackers." In America at least, when you're an employee you don't get to decide when you pay taxes. Taxes come off of the top and THEN you get your earnings which can be reimbursed later if you qualify for a credit. There has always been an advantage as a business of being able to spend money and pay taxes later on whatever is left. But complaining about this in the case of the NFL is just silly because it is an advantage enjoyed by literally every business making enough money to justify itemizing their tax return (which isn't much).
I feel like before you make this argument you should probably do a basic check to see how much profit the NFL makes. Hint: It is a lot. Certainly more than 0.
This comes up all the time on reddit. The NFL makes no profit. Do not confuse the statement of the "NFL makes no profit" with "the collection of teams that make up the NFL make no profit". They are not the same thing.
The NFL is paid by the teams to work for them negotiating with the NFLPA, TV contracts, etc. NFL employees are not tax exempt, and neither are the teams.
I don't particularly care if the league keeps their non profit status or not, but they would pay taxes on recognized income, not revenue. This means that they could arrange to pay ~$0 tax by not having much income (which they probably more or less do now).
As far as income taxes that's true. However the NFL's current nonprofit status means it avoids taxes that most other entities (individuals or businesses) would have to pay even if not profitable, such as sales tax. Many (most?) states allow nonprofits to show a tax-exempt ID number at places like Wal-Mart or at hotels, and have sales, occupancy, and other taxes removed. The motivation, I believe, was to provide in effect a subsidy to the work of organizations like the Red Cross, by reducing their expenses.
That can be solved at the state level, however. The states do not have to defer to the federal government's classification of 501(c) tax-exempt organizations when choosing who to exempt from state taxes. They could adopt a more stringent state-level definition. Or they could still defer to the federal categories, but a more restrictive subset. For example, a state could limit tax exemptions to 501(c)(3) charities (which have more stringent requirements), and not exempt 501(c)(6) organizations like the NFL. (Considering what kind of stuff slips into 501(c)(6), this is probably a good idea beyond just the NFL case.)
The NFL being a non-profit and bilking money from the USA seems to be a weekly meme on Reddit lately. Each team is it's own entity and pays taxes. Roger Goodell pays taxes on all of his salary. The umbrella corp that is the NFL is a non-profit, they are more like a Chamber of Commerce to promote NFL business.
You don't seem to have succeeded in debunking anything relevant to this post. This post is simply pointing out that, in part because the Super Bowl is organized by a nonprofit that is exempt from taxes on its local economic activity (purchases, hotel usage, etc.), its benefit to the city/region hosting the Super Bowl is quite limited. For example, it may generate more hotel usage, but it may also displace some tax-paying hotel usage with non-tax-paying hotel usage, which cancels out some of that added activity.
But more generally, the Super Bowl, a for-profit activity mainly aiming to enrich the teams who are NFL members, has structured much of its activity such that the NFL itself, a nonprofit organization, is doing all the organization and purchasing, thereby exempting most of the local economic activity from sales taxes, hotel occupancy taxes, and similar. A proper arrangement would be that the for-profit corporations profiting from the Super Bowl should be organizing it, rather than laundering their signature product through a nonprofit organization.
I can't think of another case where a group of companies' main product is run by an umbrella nonprofit. Chamber-of-commerce organizations usually do pretty minor coordinating and lobbying activity, not actual production operations. To get something analogous in tech you'd have to imagine something silly like all the cloud-computing companies getting together and setting up a Cloud Services Association, a 501(c)(6) nonprofit that operates all their datacenters jointly, rather than e.g. Amazon or Microsoft operating their own datacenters on a for-profit basis.
Do you have a source about how much the NFL itself spends on hotels/etc for the Super Bowl? Because I don't think that's where their claim to economic activity from the game comes from.
It also wouldn't matter very much whether the teams or the NFL itself organized the game (and part of the reason for the existence of the non-profit umbrella organization is to overcome the logistical nightmare of coordinating 32 separate entities). A condition for every Super Bowl in the past few years has been some form of sales tax relief for NFL activity. For example, New Jersey gave about $8 million in tax breaks for the game this year: http://www.nj.com/super-bowl/index.ssf/2014/02/nj_gave_nfl_8...
I also don't think it's fair to say the NFL runs the product. The teams (and the games between the teams) are the product. The NFL's tasks are: (1) Decide on a consistent set of rules, fines, etc. (2) Train and provide impartial referees. (3) Organize the Super Bowl/Pro Bowl/Draft. (4) Provide marketing/merchandise/legal stuff for the NFL in general.
Everything else (including organizing the 266 other games, the hundreds of employees for each team, and operating the stadiums) are up to the teams themselves. A "cloud services association" doesn't sound too ridiculous to me, but I don't think there's a proper analogy in the tech industry (and U.S. law recognizes this by providing some specific rules for professional sports leagues: http://en.wikipedia.org/wiki/United_States_antitrust_law#Sco...)
I also don't think it's fair to say the NFL runs the product.
You are quite mistaken. You have a source for that?
The NFL has revenues exceeding $4B which are nearly all "profit" (that is, revenues>opex). This cash flows through the league and then is distributed to the teams, who all of which run on essentially zero taxable profits. In other words, the revenues of the teams are the "profits" of the NFL non-profit. That is why there is no need for profits--because they distribute the cash out as 'expenditures'. The level of expednitures is aribitrary[1]...it is just set to maximize the flow of funds from the tax-exempt body with the least amount of tax.
At the lower level, the Teams are structured to run on nearly zero profits. This is why they can-not "afford" to build stadiums of pay taxes etc. This of course is also a highly-structure tax-avoidance setup, where inflated costs ("sweetheart" deals) are made with affiliate entities, which shelters the teams from paying taxes. The locations and corporate business structures of the "related entities" are likewise set up to be both opaque and tax-optimized in legal structure and jurisdicion.
The values of NFL franchises are staggering. Their debt-loads are also staggering. Hint: the banks would never lend them this money if they did not know more than your average punter. In part these investments are "ego-polishing" (like the America's cup), but there is quite a bit more money floating around the NFL, and this money is going to make rich people even richer...very little of it is being paid in tax.
[1] There is no "true sale" of the NFL non-profit's product; they take no risk in holding inventory. Their main purpose is to shield the teams from 2 things: (1) anti-trust; and (2) tax. To wit: a tax-exempt monopoly that makes no profits? Something should immediately trigger your sense of the non-obvious being present.
You are mistaken. These comments and stories keep appearing because Internet commenters see the word non-profit, and see the money the NFL makes and think some type of shady scam is going on. This is not the case. Also does everyone honestly think the biggest moneymaking sports franchise in the USA would not catch the eye of the IRS if they were exploiting the system?
Each NFL team pays taxes on their profits at the local level. The umbrella org disperses those funds around to all teams. This is how nfl teams vs something like the MLB can play on equal monetary footing. The umbrella org doesn't get taxed on the money because it already has been taxed.
"The NFL League Office is a not-for-profit organization. The NFL League Office receives funding from the 32 member clubs to cover its non-revenue overhead activities such as office rent, League Office salaries and game officiating. In addition, the NFL League Office collects revenues on behalf of the 32 member clubs and distributes those revenues to the clubs. All national revenues (e.g. broadcast TV payments) collected and paid to the member clubs, as well as local revenues earned individually by the clubs, are subject to tax at the club level."
Roger Goodell pays taxes on his large salary. The NFLs 990 tax form shows they posted a loss as of their last filing.
> These comments and stories keep appearing because Internet commenters see the word non-profit, and see the money the NFL makes and think some type of shady scam is going on.
Whatever else you might say, this does not appear to be the case for the person you are replying to and inserting it in there detracts from your own argument. None of that is helped by the fact that you reiterate points they have already addressed and acknowledged and the only facts you've added are that Roger Goodell pays taxes and that the NFL posted a loss. And I'm being generous, as this may be implied by parent post's discussion of maximizing the flow of funds out of the NFL.
The broader point--that the US supports a moneymaking enterprise by means of tax breaks, stadiums, etc. in ways that have questionable financial benefit to the public at large--does not appear to be well-addressed by your arguments.
FWIW, I don't think you'll find many people here who don't know that "non profit" doesn't mean "no money." And even if they did, there's nothing wrong with comparing what the public spends to what they get. There are plenty of ways for people to get "double" taxed, after all. Doesn't mean we don't have to pay them.
Sorry I guess I should have stopped repeating myself and just said that the posters above are just misinformed.
> of maximizing the flow of funds out of the NFL.
The money to the NFL org comes from the 32 teams which have already been taxed, some operating expenses are taken from this pool, then the cash is redistributed equally to the teams.
> The broader point--that the US supports a moneymaking enterprise by means of tax breaks, stadiums, etc. in ways that have questionable financial benefit to the public at large--does not appear to be well-addressed by your arguments.
This thread was mainly debunking the fact that the NFL is bilking the American public by it being a non-profit. I'd agree it is up in the air about subsiding big sporting arenas etc. My city built a $600 million stadium not too long ago and raised taxes so that we could host the Super Bowl. Apparently the city believed it was a net-net win for the state overall.
> The NFL has revenues exceeding $4B which are nearly all "profit" (that is, revenues>opex). This cash flows through the league and then is distributed to the teams, who all of which run on essentially zero taxable profits. In other words, the revenues of the teams are the "profits" of the NFL non-profit. That is why there is no need for profits--because they distribute the cash out as 'expenditures'. The level of expednitures is aribitrary[1]...it is just set to maximize the flow of funds from the tax-exempt body with the least amount of tax.
Well, at one level the NFL mysteriously making $4B despite doing mostly organizational/marketing/legal work would seem to support the argument that the teams/games are the product. The NFL makes that money from giant TV contracts, licensing deals, and merchandise that are only popular because the sport is popular. The revenue distribution is somewhat unique -- and granted, opaque -- but not necessarily a tax-avoidance scheme. One relevant example is the MLB giving up its tax-exempt status in 2007, which had no impact on its annual taxes.
> At the lower level, the Teams are structured to run on nearly zero profits. This is why they can-not "afford" to build stadiums of pay taxes etc. This of course is also a highly-structure tax-avoidance setup, where inflated costs ("sweetheart" deals) are made with affiliate entities, which shelters the teams from paying taxes. The locations and corporate business structures of the "related entities" are likewise set up to be both opaque and tax-optimized in legal structure and jurisdicion.
If you don't consider the money they receive from the NFL, then each team runs at a huge loss. Of course, they have gigantic payrolls to their athletes and operating expenses for a stadium (this does vary by team, although the NY Jets & NY Giants funded the construction of MetLife stadium using zero public funding, for example). If you take into account the NFL's revenue distribution, then most teams make millions each year[1]. I am not sure what other tax-avoidance setups you're referring to and would be curious to read about that. Optimizing your business structure to minimize taxes doesn't seem particularly criminal.
> There is no "true sale" of the NFL non-profit's product; they take no risk in holding inventory. Their main purpose is to shield the teams from 2 things: (1) anti-trust; and (2) tax. To wit: a tax-exempt monopoly that makes no profits? Something should immediately trigger your sense of the non-obvious being present.
Of course they take risk. It's not particularly likely the NFL would go out of business anytime soon, but every investment they make carries risk. I think the one questionable aspect of the NFL's setup is that each team writes off its NFL membership dues (~$6m/year) as a business expenditure while the NFL's operating expenses (Goodell's salary, marketing, etc) are untaxed.
Not sure what this is trying to state, but most seem to think that because the word "non profit" is there, it means they should be broke, operating on a shoestring budget, be poor unknown non-profit corps dedicated to human interest campaigns, but this isn't the case.
Feel free to read the multiple thread top comments on the various times on /r/politics this topic has been brought up. Also the NFL filing signed by Goodell last year operated at a loss.
No, I just don't think they should be exempt from regular sales & etc. taxes. They are not a legitimate nonprofit organization or trade organization, but a group of businesses trying to launder their main product's expenses via a 501(c) organization.
"Each team is it's own entity and pays taxes. Roger Goodell pays taxes on all of his salary."
Sorry, not only you provided 0 proof of your statement, but it would be easy to assume any good accountant would find tax shelters.
Protip: Rich people can hire people to help avoid paying taxes.
Yeah, I had not realized that states and municipalities were granting exemptions just based on federal tax status.
I wonder how much of their expense is salary (taxed) and "home office" (where the locality has plenty of opportunity to consider the exception and deal with it as they see fit).
> Many (most?) states allow nonprofits to show a tax-exempt ID number at places like Wal-Mart or at hotels, and have sales, occupancy, and other taxes removed.
They also allow any business to do the same, as long as whatever is purchased is sold to another party as a part of doing business.
So a computer tech shop, for example, would never pay for any parts it purchases at the store that are then included in a system it sells.
Under a VAT system, that's true across the board. But under the U.S. sales-tax system nonprofits have blanket exemption, while businesses generally don't. Services such as hotels used in business travel, for example, are generally not exempt, so the NFL would pay occupancy tax if it were not a 501(c)(6) organization (or a state chose not to recognize that exemption). And whether purchase of goods is exempt depends on the state and the specific kind of good; most provide very specific lists of exempted "machinery and equipment" that fall far short of everything. For example, here are California's rules: http://www.boe.ca.gov/sutax/faq426.htm#1
They do touch on it..."It would be higher still if not for the fact that the NFL's tax-exempt status allows its employees to avoid paying any local sales taxes for their dinners or hotel stays during Super Bowl week; in New Orleans, this amounted to $800,000 in lost sales tax revenue."
Sales tax exemptions for non-profits are state-level exemptions. States don't have to accord the NFL non-profit status for state taxes if they don't want to.
I don't see the article arguing otherwise. The article is just arguing that states shouldn't be playing the NFL's bullshit game, not that it's the federal government's fault they are.
This is a strangely bottom up analysis. If a long chain of assumptions and wild guesses results in $35M sales tax revenue, it should be pretty easy to compare this weeks sales tax revenue to 52 weeks ago and subtract and see how it compares.
As a meta issue its a "belief system" so there's no point dragging math and logic into it. Exactly like debating evolution or other topics.
Comically, we got stuck with a new stadium because it was claimed if the local ball team pouted and left, all of us mere consumers would react by making huge piles of paper cash money in our backyards, and then light the piles of cash on fire. A complete lack of reasoning is BAU WRT sports economics.
As a startup issue you see pretty much the same style and type of arguments about the contribution of startups to the local economy.
When I lived in Southern California the NFL and its boosters were continually trying to get the taxpayers to build a stadium complex. The arguments always went something like "There will be X new tax revenue and Y new jobs." And that's probably true.
But if you took the same land and used the same money to build a big shopping mall your X and Y would both be much bigger. Every time local governments did a study that compared a new stadium to just about any other use of the land the alternative was better.
I'm not opposed to stadiums, per se, but professional sports teams are businesses and as such need to pay their own expenses.
I'm not opposed to stadiums either, but I am opposed to the lies and distortions invoked to validate their construction.
I would much prefer it if the politicians just came out and said 'we're going to spend your taxes on a great big stadium, because we will get to open it and name it, and you, the voters, like bread and circuses'.
Wrapping tax-spends up as some sort of business case just muddies the waters for people when a real business case needs to be analysed.
Perhaps the answer is that, for a jurisdiction, each time there is an election, a multiple choice question could be at the bottom. We wish to take one of the below actions, please indicate your preference:
1) increase tax by x and build stadium
2) increase tax by y and build hospital
3) increase tax by z and build new water reservoir
4) decrease tax by x and you decide what you want to do with it
My remark is flippant but we seem to be entering a strange world where people believe jobs and taxes can only be created through the application of tax monies to politicians ideas.
If Running a Stadium was profitable, the NFL or the Teams would do it, Since they do not want to touch the stadium with a 10 foot pole, then you know it will not be profitable
Sorry, this makes no sense. Economic impact is measured in revenue to local businesses. Unless the NFL/team owns all of the local retail, restaurants, tolls, parking lots, tourism and associated taxes, there is no way the NFL/team could ever realize that revenue. We can debate the actual revenue impact (check out the "profitability" of the Olympics: http://www.npr.org/blogs/money/2012/07/23/157224211/olympic-...), but the standard you propose is incorrect.
The economic impact of a stadium or other large public works project is based in calculators that are usually published by the state economic development agency. It's more of an art than a science, and like any projection made over a period of 30 years, they rarely hit their numbers.
Public financing of something like a stadium or arena does three things: eliminates a tax liability for the teams/other users, eliminates risk, as the local taxing authority ultimately owns the debt, and keeps the labor and trade unions happy, and stadium projects keep the guys on the payroll.
Ultimately, all of people in a taxing district bear the burden of these giveaways. If I could apply for a full property tax exemption in NY, the $6,000/year I pay for my modest home would be used for capital improvements like a kitchen, solar panels and siding. That would give some construction dudes jobs, and generate more value. The government easily spent $100m on Super Bowl security. That's a lot of money spent better elsewhere or not at all.
That, or they also know that they can offload the cost onto the cities whose governments are willing to pay for it, instead. In such cases, why would the teams spend the money themselves?
I'm not opposed to stadiums, but I am opposed to tax payer funded or loaned stadiums. I am also opposed to use of eminent domain to take land for any non-infrastructer project.
I figure if the team doesn't want to pay for it then get a "buy a brick" drive going and see if it funds the stadium.
I like Gregg Easterbrook's take: if the stadium is built with public money, anything that takes place inside the stadium cannot be eligible for copyright protection.
From where I'm sitting, forcing those that enrich themselves from publicly-funded stadiums to shoulder the costs (if not all of them, than substantially more of them) is better than extorting communities to pay excessive amounts for dubious returns. Which one of those is wasting taxpayer money, again?
You could tweak the idea however you like. Whatever portion of the stadium is publicly funded could entitle the community to a matching portion of revenue generated from stadium events, for example.
At any rate, the idea (from both Easterbrook and myself) is more philosophical and humorous commentary.
I feel like the reason cities court sports teams to their possible economic detriment is due to the selfishness of the city leaders. Who wouldn't want to be mayor of a city with the Super Bowl?
That part of New Jersey is an exception -- it's a swampy place that was nowhereville until the 60s, when the advent of containerization pushed most of the shipping traffic from the Port of NY/NJ to NJ.
Between people and companies fleeing the high costs of New York, enough money flowed in to build stadiums, elevated highways and buildings in the swamp. It's a regional thing, nobody even knows who the mayor of east Rutherford is.
I used to be vocally anti-stadium. I went to the public hearings during the Nationals Park building in DC to demonstrate against it. I was appalled at the liberal and ugly use of eminent domain to take land from people and hand it to sports billionaires for under market rate. The entire thing was massively over-budget and loaded with graft and corruption. The damn thing is like a monument to political crime.
But I noticed something later. When it was done it gave people a sense of community that they might otherwise not have. The players, owners, and financiers were all out-of-towners, but they still daily talked of how "their" team was doing. Even if they didn't make many games, it functioned as a kind of virtual center.
This was familiar. The stadium is a modern medieval cathedral. Its a church.
In the last few days I've received a couple of emails from FedEx with the message below. No doubt other carriers have been sending similar alerts.
I don't know, of course, but I have a strong hunch that none of the costs associated with this message (businesses unable to receive their deliveries, carriers having to make contingency plans and add extra staff to catch up after the "festivities", customers having to work around shipping restrictions and delays, etc.) have been accounted for in NFL's economic analysis.
After a great storm comes through, there are plenty of estimates of the economic damage it causes. Of course the Super Bowl has benefits that a storm lacks, but I have to wonder if the negative externalities are properly accounted for, or if they just tally the benefits.
FedEx message follows...
Operations During Super Bowl XLVIII
FedEx will be operating in the metro New York / New Jersey area during SuperBowl XLVIII festivities through February 5, 2014. Some customers in the metro New York / New Jersey area may experience service delays or disruptions during this time because of government security measures in place for Super Bowl XLVIII. We encourage all customers shipping into the area to check with your recipients to understand their locations relative to the security zones. We encourage metro New York / New Jersey area customers to track packages on fedex.com or by calling 1-800-GO-FEDEX. Our customer service teams can assist you in locating an alternate delivery location as needed. We have implemented contingency plans and our teams will minimize delays to the extent possible.
Please continue to check FedEx Service Alerts for details.
Shipping to affected areas?
To help avoid delays, we encourage you to contact your recipients to verify whether their location is open or able to receive deliveries before and after Super Bowl XLVIII.
Note that potential service disruptions may not affect FedEx Express, FedEx Ground, FedEx Freight, FedEx Office, etc. the same. This may result in different levels of impact as well as cities, states and ZIP Codes serviced.
Continue to check fedex.com for service updates. For specific shipment status information, please track your shipment at fedex.com. You can also contact FedEx Customer Service at 1.800.GoFedEx 1.800.463.3339 or stay up to date by subscribing to FedEx Service Alert email notifications at the FedEx Email Subscription Center. Consistent with the provisions of the FedEx Service Guide, shipments delayed due to Super Bowl XLVIII are not eligible for a refund or credit under the money-back guarantee policy.
How about it's a zero-sum game: Entertainment money could be spent elsewhere. Actual economic impact is building a better tool or bringing in the harvest. Paying this or that entertainer to do their thing is meaningless.
(The Gross Domestic Product and other economic figures do not account for this and treats each economic transaction as equal. Additionally the knee injury hospital bill of the young player who never made it to the NFL also increases the GDP, adding to the confusion what "economic impact" is.)
Entertainment is essential; through the ages societies have allocated economic resources to entertainment in various forms. That's what the Romans did in the Colosseum. Without entertainment to unwind, people are less happy and they just might riot rather than bring in the harvest. So entertainment is just as essential as building a better tool.
Entertainment like anything in the economy benefits from greater efficiency, and modern economies deliver great value for the resources they spend on entertainment. There is cheap plentiful music everywhere, and lots of quick video available. Pro sports also provide quite efficient entertainment, as people spend tons of time not only watching the events but also tracking them and talking about them. It gives people a lot of enjoyment.
How about a negative economic impact? The event itself creates distortions that many unsophisticated merchants are not able to predict. I work at a restaurant, and the owner almost certainly lost thousands of dollars today due to very little demand. (We were severely overstaffed and also had to throw some food away. We weren't open last year so predicting this was non-trivial.)
The "tourist displacement" argument makes no sense. The hotel market in any large city depends in part on having large events come to town: conventions, marathons, Super Bowls. Such events help drive the construction of multiple large hotels. Without the large events, there would be fewer hotel rooms in the first place and, thus, fewer potential tourists to displace--no tourists ever materialize without hotel rooms. With the large events, some tourists might be displaced for abnormally large events (and in NYC or in most Super Bowl host cities, the Super Bowl is not going to be abnormally large.) But even if this displacement happens, the tourists benefit during all other times because there are more hotel rooms for them--which lifts numerous other businesses in the city, such as restaurants and shops and entertainment venues.
The beauty of logical fallacies is that you can use them to discredit anything you want. "Scientists are in agreement".. Appeal to authority! But that's not how logical fallacies work. You still need to provide a logically sound reasoning why the fallacy applies. Which you didn't.
[1] http://www.nbcnews.com/business/legal-procedure-critics-cry-...