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Can A Business Refuse Service To Anyone
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Poll Shows Americans Believe Small Businesses Can Refuse Services To Jews, Minorities — Detroit Jewish News
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This type of data exchange may be considered a “sale” of information under California privacy laws. If you disable personalized ads, you will be opted out of these “sales”. Learn more in our Privacy Policy, Help Center, and Cookies and Similar Technologies Policy. The conversation about a business owner’s right to refuse service is not new, it has made the headlines countless times.
A Colorado bakery came under fire when it refused to bake a cake for a same-sex couple’s wedding — a case that made its way to the Supreme Court. A restaurant in Virginia was the subject of discussion when it asked President Trump’s press secretary to leave. And even more recently, companies have faced lawsuits over requiring their customers to wear face masks.
One of the greatest benefits of being a business owner is the fact that you’re in charge: you make the decisions for your private business.
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But the rules about what is and what is not allowed are not always clear. Is refusal of service allowed regardless of the circumstances? Are there certain guidelines you need to follow? What about state laws or local laws? Let’s take a look and get answers to your questions.
The right to refuse service means that a company has the authority to reject a customer. Under federal law, a business has the legal right to refuse to provide its goods or services to a customer.
Sounds loud? It could be. And it’s not exactly easy, as evidenced by some of the legal battles we mentioned earlier.
So, can you refuse someone for any reason? What are the rules here? Well, let’s talk about this a bit further.
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Not exactly. The law says that a company may refuse service, provided they do not discriminate against certain customers and violate anti-discrimination laws.
The US Federal Civil Rights Act of 1964 defines “protected classes” and Title II of this act prohibits discrimination against these specific groups. Today, these protected classes include:
You’ll notice that groups are missing from this list, such as the LGBTQ+ community. However, a number of states (including New York and California) have introduced laws that prevent companies from discriminating based on sexual orientation.
California has even expanded its list of protected classes to include sexual orientation, gender identity and expression, marital status, medical conditions, and more.
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It is important to note that the right to refuse service exists so that private companies can protect their customers and businesses.
For example, if a customer causes a nuisance, poses a health or safety risk to other customers, or makes customers feel uncomfortable, denial of service is generally acceptable. That’s why you’ve probably seen signs saying things like, “No shoes, no shirt, no service,” since bare feet in a business could potentially be a health code violation.
Needless to say, the water here gets cloudy. But the easiest way to think about this is to drill down into why you’re denying service to a customer:
In that “acceptable” scenario, if the customer is also a member of a protected class, that doesn’t necessarily mean you’re discriminating – because you have a justifiable reason for refusing service that has nothing to do with their race, age, sex, etc .
The Right To Discriminate”: Should Private Business Owners Be Allowed To Refuse Service?
But again, this can get complicated, especially if the customer claims to be discriminated against. If you have any questions, it’s best to contact a trusted attorney for clarity on what is and isn’t allowed in your state.
It has long been known that bouncers and other club employees who monitor the entrance deny entry to patrons who often belong to these protected classes, in the interest of preserving a certain image (such as not letting some men in on a ” ladies night” in a bar).
Many people have called this policy discriminatory, but most bars and nightclubs continue to get away with it. Why? Well, it’s hard to prove discrimination. Club owners can cite dress codes, guest lists, and a host of other factors to keep people out of the club, making it legal for them to refuse service.
In the midst of the COVID-19 pandemic, many companies have had to take safety measures to protect their staff and their customers. One is requiring their employees and all of their customers to wear a face mask.
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This has caused quite a stir, with many people claiming that a face mask requirement infringes on their First Amendment rights.
Refusal of service due to not wearing a face mask is allowed. A private company can require customers to wear a face mask, and the signs that say “We reserve the right to refuse service to customers not wearing a face mask” are perfectly legal.
“You can control the terms of what happens in your business and there is no requirement that you allow people to enter your business, say with a gun or without a face mask or anything like that,” explains David Reymann, a First Amendment attorney, out , speaking to a Utah news station. “If you want to make those terms, it’s your company. You’re a private company. You have a right to do that.”
The reason for this is quite simple: people who do not want to wear a face mask are not a protected class. And even further, business owners may feel that these maskless customers pose a health or safety risk to their business and other customers.
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