can i sue a restaurant for refusing entrance and service to a mentally challanged person (manic depression) ?
2006-06-10 20:48:55 · 26 answers · asked by hplapp 1 in Dining Out ➔ United States ➔ Chicago
No. Businesses have a right to refuse service for ant reason that they choose.
2006-06-10 20:51:27 · answer #1 · answered by Anonymous · 0⤊ 1⤋
You can try to sue the restaurant, but you will loose. What you need to do is see a doctor about the depression if it is affecting you so badly that you are causing a scene in a restaurant to make people think you have some sort of mental disability and are disturbing the other people in the restaurant. The restaurant has the right to refuse service to anyone, especially if that person is going to bother the other guests.
2006-06-14 15:20:56 · answer #2 · answered by stack_2384 1 · 0⤊ 0⤋
It depends, if the person was making a scene and possibly inconveniencing or disturbing other guests in any way then the restaraunt has the right to refuse service. I believe, as a private business, they have the right to serve or not serve whomever they want. If it gets out of hand, however, news travels quickly and the place may go under from bad publicity. I'd recomend meeting with the owner/manager, and discuss your concerns. Say you don't want to be in that situation and you'd like to eat there and he'll probably not only let you in but pay for your meal as well. There is always a way to turn bad to good, you just have to find it. And besides, lawsuits suck for both parties even if you do win.
2006-06-11 03:54:52 · answer #3 · answered by ScionGuy 2 · 0⤊ 0⤋
i don't know that manic depression qualifies as a mental disorder. I am manic depressive and take Prozac, but i don't consider it a handicap. How do they know you are manic depressive? Did you tell them? I suspect that you had an "episode" in this restaurant and you were asked to leave. Generally restaurants have the right to refuse to wait on someone who is being disruptive and scaring away other customers. Unless you can prove you weren't being a disruptive influence, they probably can refuse to deal with you.
2006-06-11 10:47:17 · answer #4 · answered by eydieville 4 · 0⤊ 0⤋
You can file a complaint but if the person was disrupted and rude they can refuse service to that person.But if that wasn't the case, yes you can sue.No business can discriminate to serve you and you would probably be awarded a monetary award. I do know the city of chg. have a city code about situations like this. Did they refuse service because of the way the person looked? Just to be sure seek legal advice from an attorney.
2006-06-11 20:37:26 · answer #5 · answered by nanaofthree 4 · 0⤊ 0⤋
Manic depression is not classified as a disability, so I sincerely doubt your case would stand in court for any sort of discriminination suit. Find something better to sue about, or better yet, remember how all these frivalous tort cases are making a mockery of the American justice system.
2006-06-11 03:53:37 · answer #6 · answered by Gahugabeast 2 · 0⤊ 0⤋
You may have a case, though i would need to know more details, for instence how did they know she was manic depressive and what was the reason for refusing entry?
There are laws regarding equality, and this may breach them, you should see a lawyer
That is, you would have to prove they refused entry because of this, with no sufficient reason other then discrimination and you suffered some sort of harm (emotional?) which they could have reasonably been aware of and prove this also.
2006-06-11 03:53:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes you can. I did when a famous pizza restaurant refused my sister in law (Downs Syndrome) service.
It is part of the Americans with Disability Act.
2006-06-13 17:23:57 · answer #8 · answered by mikeae 6 · 0⤊ 0⤋
Oh yeah, anytime the question is can you win, or will get the sympathy of the jury, let alone make a case out of it. Nowadays we tend to sue and sue and sue without really thinking about the substance of the situation, sure you can take anybody to court at any given time, but we also have to take in consideration the implication of our action(s).
We tend to get carried away about class actions.
2006-06-11 03:56:23 · answer #9 · answered by Jetty 4 · 0⤊ 0⤋
There is always a sign that says that they have the right to refuse service to anyone, but honestly, what they are really saying is "hey, don't make a scene otherwise we don't want you here. If you really think this is worth a fight, then fight it and get a lawyer, but if you were just steamed and it's not worth the fight, let it go."
2006-06-11 22:32:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋
a restaurant has the right to refuse service to anyone regardless of mental disability
2006-06-11 03:52:49 · answer #11 · answered by bestbargainsusa 1 · 0⤊ 0⤋