El Cajon-based Set Free Ministries, a Christian ministry, run by Southern Baptist missionaries, is protesting Out in Petco Park (July 8).

The group is protesting because the event coincides with a floppy cap giveaway for children 14 and younger. Set Free worries that the children might see men hugging and kissing. (And I’m not talking about the Padres hugging and kissing Marcus Giles when he hits a homer in the bottom of the ninth.)

Most of us don’t care that Set Free is protesting. The publicity it has generated just reminds us why Pride is important. But what isn’t right or legal is that Set Free Ministries will not just protest by handing out fliers in public walkways in front of Petco Park. Rather, the ministry is breaching a contract it made with the Padres by walking out on the 42 concession jobs its participants fill, said Pastor J.D. Loveland, development director.

This is important because it highlights the issues that arise when cities and business make contracts with faith-based groups.

According to a Union-Tribune report, by contract, the non-profit group’s work at Petco Park is a fund-raiser. Set Free Ministries supplies the volunteers, and the team gives it a cut of the concessions’ money.

By walking out, the ministry will forgo $1,680 – less than 5 percent of its monthly budget, and the Padres could fine the ministry up to $4,200 for the no-show, Loveland said.

The Padres, however, told the Union Tribune that a fine is unlikely. I agree. But the Padres and the city should treat Set Free as they would any group that engages in discriminatory conduct toward a segment of the public.

Let’s put this in a legal perspective: Consider what would happen if Set Free had decided not to provide services on “Jackie Robinson Day,” which the Padres hosted last month. Set Free could argue, as did Bob Jones University (BJU) before the Supreme Court 20 years ago, that the mixing of races violates its sincerely held religious belief against such, and that businesses and government should accommodate this.

The Supreme Court rejected BJU’s argument, and a court would do the same here with Set Free’s refusal to provide services on Pride night. Set Free has made a contract to sell hot dogs in exchange for money. (I’m not sure how the Padres can get around labor contracts and health laws relating to food handlers, but I’ll ask City Attorney Mike Aguirre to get on that right away.)

Set Free’s refusal to honor its contract is not a simple breach of contract; it’s called violating the civil rights of gay folks, and it’s a crime against the city.

When any group – religious or not – enters into a contract to provide services to the public via Petco Park, it then becomes bound by federal, state and local civil rights laws. It doesn’t get to discriminate.

Here, it’s Set Free refusing to provide services under its contract because of the sexual orientation of the Pride group. (Loveland claims it’s only because it’s floppy cap night and children will be present. But this seems like a pretext because children are always present at baseball games.)

In California, bias based upon sexual orientation is illegal. The Padres can’t deny gay folks entry to Petco Park. They can’t allow employees/volunteers to deny services to gay folks. The Padres cannot enter into contracts with groups like Set Free who could decide that they don’t want to work on “Jackie Robinson Day” or “Immigrant Day” or “Jewish Day.”

I’m not advocating here that the Padres sue Set Free and collect damages, or even attempt to get an order requiring the group to perform. Rather, I’m suggesting that City Attorney Mike Aguirre and the Padres obtain what is called a “declaratory judgment” from a state court.

The judgment would indicate that Set Free has breached its contract because of the sexual orientation of a group attending Petco Park.

The judgment would allow the city and the Padres to refuse Set Free future contracts with the city of San Diego because of the ministry’s discriminatory conduct in providing public services.