Do resturants have the right to refuse service?

Question

Where can I find documentation? Namely applebee's.

I was fired because I wouldn't wait on a group that only paid for about half of their food last time they were in. It was a group of 8th graders and they scratched out the gratuity. Worst serving experience in my life! They were in last night and I wouldn't wait on them so I got fired.

Answer 1

In Louisville, KY...the owner of a restaurant (Jeff Ruby) refused to serve O.J. Simpson & his guests after the Kentucky Derby...just because he didn't like the fact that O.J. tried to release that book he wrote. O.J. & his party graciously left....then had his attorney pursue the issue. Since they couldn't prove it was racially motivated (the table was then given to another "black" family) his attorney dropped the case.

In other words, the restaurant can refuse service, as long as discrimination isn't involved. I personally think your manager was wrong & should have backed you up, especially since they basically "stole" from you (and the restaurant) the last time they were there. I would consult an attorney.

Answer 2

Your question is too broad. The simple answer is "Yes", the complex answer is "No."

No restaurant is required to serve patrons who clearly pose a threat to the safety and well-being of their staff and other patrons, such as those coming in who smell as if they were working in a sewer, or have an open wound, or those being obnoxious, or those bringing in animals (this isn't France!), or those insisting on smoking when a "No Smoking" policy is clearly in force, etc.

Private restaurants, such as those at clubs, etc, can turn away people simply because they aren't members.

Public restaurants technically cannot turn away people based solely on their sex, race, etc, but, personally, if someone said that I was not welcome, I'd leave and find someplace else. It's their loss more than mine!

The restaurant you mentioned is a "public" one, but here's the problem with your subsequent explanation: You did not state whether the police were called to investigate the alleged non-payment; for all you knew, some of the students may have had to use a debit card, rather than cash, and, maybe, went to the cashier to pay it, rather than directly to you. Most establishments would and can refuse service to those who have given them trouble in the past. Furthermore, there aren't too many eighth graders who have the wherewithal to afford your restaurant, much less know about or even pay a gratuity (again, for all you know, they might have paid it separately). You are not there to collect tips; you are there to serve the customer at the employer's pleasure to keep you or let you go. Considering that there, presumably, were other waiters/waitresses available that day, and your obvious disdain to serve them, I don't understand why someone else didn't simply jump in to take your place. If they all agreed with you, then your boss should have taken that as a hint that something needed to be done, vis-a-vis kicking them out (was he there when the alleged incident happened?).

Given the choice between a grumpy server and a cheap patron, the manager would probably side with the cheap patron, any day, so, you're out of luck, assuming you were considering a lawsuit.

BTW, if you really want to get technical about it, your question is potentially libelous since it mentions the restaurant by name! You could have asked the question without using the restaurant name, and it would have been fine!

Answer 3

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RE:
Do resturants have the right to refuse service?

Answer 4

They do have the right to deny service.

You can look at the explanation at this link to Legal Match
http://www.legalmatch.com/law-library/article/restaurants-right-to-refuse-service.html


I found this post that is trying to start a ban on Applebee's for refusing service...http://www.freerepublic.com/focus/f-news/923199/posts?page=442


They also reserve the right to fire you if you don't get management approval before deciding to deny service. Sorry to hear about you story but it's totally legit.

Answer 5

Yes. As an employee you have the right to refuse service to anyone. This is mainly used if the guest is offensive in any way toward the server/bartender. (as a previous answer stated, NOT for discrimination). Ultimatly, it is up to the Manager on duty to make the finial decision.

Answer 6

"Restaurants" do have the right to refuse service. I know many eateries refuse service to some & the sign on the door says...."No shirt, No shoes, No service." In the little town I once lived before moving south, there were many restaurants, cafe's, etc. who posted signs that they had the right to refuse service to anyone, etc.

Answer 7

Yes, any business can refuse service to anyone except those who are in a protected class--if the restaurant refuses to serve all within that class.

(So the Denny's that refused to seat black customers got into trouble, but the restaurant that prefers not to serve blue-eyed customers isn't, because there is no law preserving the rights of the blue-eyed.)

You're hungry now, but in the future, that time Applebee's refused to serve you because you were ___________ will become one of your little stories.

Answer 8

Yes, they do have the right, but...... as a server, I have been in situations where I did not want to serve a table. When I told my manager, he was fuming (since no one wanted to take the table). He threatened to send me home if I didn't take that table so I went home. Then got written up the next day. It just depends on how much your manager likes you. If he really liked you, I'm sure he would have had someone else take the table. That's how my managers worked - politics!!!

Answer 9

Does a Restaurant Have the Unrestricted Right to Refuse Service to Specific Patrons?


No. The Civil Rights Act of 1964 explicitly prohibits restaurants from refusing service to patrons on the basis of race, color, religion, or natural origin. In addition, most courts don’t allow restaurants to refuse service to patrons based on extremely arbitrary conditions. For example, a person likely can’t be refused service due to having a lazy eye.


But Aren’t Restaurants Considered Private Property?

Yes, however they are also considered places of public accommodation. In other words, the primary purpose of a restaurant is to sell food to the general public, which necessarily requires susceptibility to equal protection laws. Therefore, a restaurant’s existence as private property does not excuse an unjustified refusal of service. This can be contrasted to a nightclub, which usually caters itself to a specific group of clientele based on age and social status.


So Are “We Reserve the Right to Refuse Service to Anyone” Signs in Restaurants Legal?

Yes, however they still do not give a restaurant the power to refuse service on the basis of race, color, religion, or natural origin. These signs also do not preclude a court from finding other arbitrary refusals of service to be discriminatory. Simply put, restaurants that carry a “Right to Refuse Service” sign are subject to the same laws as restaurants without one.


What Conditions Allow a Restaurant to Refuse Service?

There a number of legitimate reasons for a restaurant to refuse service, some of which include:

Patrons who are unreasonably rowdy or causing trouble
Patrons that may overfill capacity if let in
Patrons who come in just before closing time or when the kitchen is closed
Patrons accompanied by large groups of non-customers looking to sit in
Patrons lacking adequate hygiene (e.g. excess dirt, extreme body odor, etc.)
In most cases, refusal of service is warranted where a customer’s presence in the restaurant detracts from the safety, welfare, and well-being of other patrons and the restaurant itself.


How Can a Lawyer Help Me?

If you were unjustly refused service at a restaurant, you should contact a constitutional law attorney immediately. A lawyer can help determine the existence of any unlawful discrimination, as well as the overall strength of your individual case.

If you are a restaurant owner, an attorney can provide more details on your right to refuse service, including guidance on placing limited restrictions on who gets served at your restaurant.



Consult a Lawyer - Click Here to Present Your Case Now!

Answer 10

Of course they do. If your being rude or making a scene they have the right to kick you out. You don't have a right to be in the restaurant.