A question concerning those "We Have the Right to Refuse Service to Anyone." signs at stores & restaurants.

Question

How far do these rights go?

If a biggot doesn't want blacks in his place of business, does he have a right to refuse them?

I obviously think it would be very immoral to do such a thing, but what does the law SPECIFICALLY say?

And I know this would ultimately be a bad business decision. (I would not do business with such a company) but would it be legal?

Answer 1

Sherri and hq3 are both correct.

In the US, there are "protected classes" of individuals. These protected classes are classified by race, religion, gender, national origin, sexual preference, pregnancy ... you get the general point. If you're a member of a protected class, you can't be discriminated against because of your membership in that class.

Basically, what I tell employers that I represent is that if they choose to be jerks, they have to be "equal opportunity jerks." What I mean by that is that if they want to fire someone for using the internet for personal shopping on business time, they have to fire EVERYONE who uses the internet for personal shopping on business time - not just the black guy or the lesbian or whomever that they may want to get rid of.

The same goes for the "refuse service" signs. They can be enforced for things like improper attire or being inebriated - but if you exclude one person because he isn't wearing a shirt, you have to exclude EVERYONE who's not wearing a shirt....not just the black guys or Hispanic guys.

Answer 2

A bar can refuse to serve additional alcoholic drinks to patrons who are "drunk". An up-scale restaurant can refuse to admit customers who are dressed "inapropriately" (for the atmosphere of the restaurant) in shorts and t-shirts.

Even some "casual" resturants will post signs that say "no shoes, no service" , or "no shirt, no service" which means that you cannot come in if you are barefoot, or wearing only shorts or a bathing suit. This would most likely be for reasons of hygene, or the aesthetic comfort of the other customers who might not enjoy eating next to someone else's hairy bare back.

So, those places which state "we reserve the right to refuse service to anyone" mean that they wish to be free to determine if a customer is "appropriate" for their place of business.

You might even see such a sign in a place like a convenience store, which is generally assumed to be open and welcome to every possible kind of customer. But, if someone comes in drunk and disruptive, the sign advises everyone that the owner or manager of the busines has the right to tell that person to leave without being served.

The rights implied by such a sign do not supercede the rights involved in the basic freedoms of our country. It would not be legally allowed for a business owner to refuse service to a customer just because they are of a certain race or ethnicity.

Answer 3

Not very far.
Legally once you open you place to the "PUBLIC" you loose the right to refuse the entry without a good reason.
Not allowing blacks would be a clear cut violation of the 14th amendment and thus illegal.[1]
But the the law goes even further. For example in a case called DESNICK, v. ABC[2] the court held that the eye clinic that lets all the customers in had no right to exclude an undercover reporter.
In another case (Uston v. Nevada Gaming Commission) the court held that a casino could not exclude a card counter just for being a card counter!
Basically, the law holds that once you make your business public--> you have to let everyone in, unless you have a damn good reason not to.

Answer 4

I haven't seen one of those signs in years. If they refuse service based on race its illegal but there are other reasons to deny someone service. Like improper clothing or other reasons. I cant think of any off the top of my head. Like I said, I havent seen one of those signs in forever so I dont know who would enforce such a policy.

Answer 5

It would TECHNICALLY not be illegal BUT then they face the fact that the person might sue for discrimination and the business owner would have to prove that he had a good reason.

Those signs are posted mostly for problem customers or people you feel threatened by.

For example, if a customer comes in and is really rude, you have the right to NOT help them.

One time this one man was being so rude to me and belittling me in front of people and I was trying to be nice
and my boss came and told him
"You know what, she isn't going to help you anymore with your attitude. Please leave the bank."

Answer 6

the extend pretty far, despite what the other posters here have posted.

a person can refuse to serve anyone and doesn't have to state a reason why.

a biggot can refuse service to a black person, but it would be quite difficult for that victim to prove that it was because of his race, and refusing service could have nothing to do with him being black.