My fiance went to a liquor store that he frequents on an almost daily basis tonight to purchase a pack of ciggarettes. When he got to the registar the cashier/ possibly the owner, began yelling at him that he can no longer shop there because the other day he opened and drank a beer in the store. My fiance never did this, on the night he supposedly did we were camping. The guy wouldn't let him buy the ciggarettes and continued to yell at him. Does my fiance have any legal right to shop there since he did not drink the beer he was accused of?
2007-03-16 18:35:11 · 7 answers · asked by Lachelle 3 in Politics & Government ➔ Law & Ethics
Although your fiance is innocent, the store owner has the legal right to refuse service to anyone. He probably even has a sign posted behind the register. I don't know why your fiance would ever want to go back there after being treated so unfairly anyway.
2007-03-16 18:42:17 · answer #1 · answered by Jim 2 · 3⤊ 0⤋
Unfortunately he has no legal right to shop there. That liquor store is not a public place. There is a difference between a place the public goes and a public place. A public place is the street or a park. Anyone can use the park and no one but the government / law can refuse someone entry. However, a place like a store, shopping mall, shopping center etc. is privately owned and they are allowed to prohibit anyone from entering (except for those who are covered under a law - you can't deny entry to someone based on a disability, race, religion, etc.).
If that shopkeeper thinks your boyfriend drank that beer in the store, then he has the right to ask him to leave and not come back. The only legal ground your boyfriend has is if the shopkeeper threatened him with bodily harm or assaulted him, then a police report could be filed or if your boyfriend believes he was asked to leave because of his race or religion, etc.
2007-03-16 18:48:52 · answer #2 · answered by rosannerdanna 3 · 0⤊ 0⤋
In the state of Florida and I believe in almost all states the owner or Representative of a business has the right to deny anyone the right to enter into their business.
Unfortunately the store owner would probably win out and if your BF returned there the owner potentially could call police to have him removed and or arrested for trespass.
At best if you have the ability (you) see if you can find out who the owner is actually. This may be a confused employee. Explain the situation to the owner and that there was a mistaken identity.
If things don't work out and he refuses to allow him back in or cooperate I would simply let it go and take your business elsewhere.
Good luck!
2007-03-16 18:44:26 · answer #3 · answered by flafuncop 2 · 1⤊ 0⤋
Nope......The store is PRIVATE PROPERTY that is open to the public....the law allows stores to refuse to serve anyone ...except on the usual discrimination rules..if it is over a "beer" like you say...not a leg to stand on..IN MY OPINION...
2007-03-16 18:43:34 · answer #4 · answered by Real Estate Para Legal 4 · 2⤊ 0⤋
No, the owner has the right to refuse service to any one.
2007-03-16 18:40:35 · answer #5 · answered by wizardintacoma 1 · 3⤊ 0⤋
I think the business can refuse service to anyone.
2007-03-16 18:41:28 · answer #6 · answered by Terrie 3 · 2⤊ 0⤋
just go to another store, who cares
2007-03-16 18:42:44 · answer #7 · answered by stinkypinky 4 · 2⤊ 0⤋