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Getting banned from a restaurant..discrimination?
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Getting banned from a restaurant..discrimination?

If three people were involved in an argument at a restaurant, one was an employee and two others were guests, all got in trouble. The manager said that he heard all three cuss and the employee lost her job and the two guests were asked to leave and were told they were not allowed to come back. Now, the manager is allowing the former employee and one of the guests back, but not the other guest. Is this discrimination?
Additional Details
Guess I should have added that the two that were allowed back are male and the one that is still banned is female.


2009-09-03 21:56:27 +0000
no, its not discrimination. a public facility can give service or not give service to anyone they please for any reason or no reason at all. sorry but thats their rights as a business it could be that you dont know the entire story, could it be possible that the customer that they allowed back made a formal apology and the other didnt? there could be other things that one person did that the other didnt, OR that the person not let back made more of a scene than the other... its hard to tell but its not discrimination

2009-09-03 22:04:18 +0000
Discrimination has many faces. All discrimination is not race or gender based. Any business has a right to "Discriminate" if they discern that the guess is troublesome.

2009-09-03 21:52:07 +0000
The restaurant has to have a sign that says "We maintain the right to refuse service to anyone" posted. If not, yes; it's a discriminatory practice to pick and choose whom to seat.

Learn about the right to refuse service. Can a business refuse service to someone because of appearance, odor, ... of service, and so the discrimination was ...www.legalzoom.com/legal-articles/busi…

2009-09-03 21:48:25 +0000
No, that particular guest is not a protected class by themself and isn't being shut out because of a protected class (race, religion, etc) so the manager can refuse service to them if they want to.

2009-09-03 21:50:42 +0000
It's hard to say without knowing more specifics, but most restaurants post a notice somewhere on the premises saying, "We reserve the right to refuse service to anyone for any reason." It's designed to protect them from litigation in cases like that. I think it would be hard to make a case against them, and I would have to wonder why the customers wanted to go back after being banned. Obviously the employee needed a job, but the others could go elsewhere.

2009-09-03 21:54:22 +0000
Smitty, let it go. I would not want to go where I was not "allowed". The owner of a business has to protect the other customers against a known potential threat.

2009-09-03 21:46:21 +0000

2009-09-03 22:05:54 +0000
I think you have the right to refuse service to anyone. If the first two have made amends and the owner has changed his mind, whatever. Perhaps the third one has not made any attempts to show that the same thing will not happen again. Yea, really. . .don't you have more serious things to worry about. And I assume the one not allowed back is you. You should have had the sense to watch what you said in the first place.

2009-09-03 21:48:44 +0000
Nope. A restaurant is a private business, and can choose who they want to serve or have on the premises.

- Stuart

2009-09-03 21:56:22 +0000
Not enough information. You need to ask Judge Judy.

2009-09-03 21:48:21 +0000
Oh please.

The world is going to hell in a hand basket and you want to hire an Attorney to get your rights back at a restaurant?

Don't you have more important things to care about?

As the owner of the restaurant, he can refuse service to anyone he wants. You have the right to sue if you think that is unfair. Good luck finding an Attorney who will take your case (unless you have a big check for him) and good luck winning that one.

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