I am sure a good lawyer can find a loophole. At this point I don’t think the DOJ would be wise to go after this man.
It is cut and dried religious discrimination. He doesn’t have a leg to stand on, as he is a public business. Even if it was a private club, you are on very thin ice.
This guy is toast, and if the other articles show him correctly standing in front a Confederate flag, he is going to flame out rather quickly.
The DOJ will move on him, for no other reason than he is being a huge public idiot.