法律英语：63 Refusal of Service

by Michael W. Flynn

 

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed 1 to practice in your jurisdiction 2. Further, I do not intend to create an attorney-client relationship with any listener.

Today I discuss a sign that many of you might have seen in restaurants or cafes:

   “WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE”

Randal asked,

Are they actually saying anything? Are there rights that I give up by entering such a place, as opposed to a place that doesn't have such a sign? In other words, does the sign change the relationship the establishment has with me as a customer or potential customer in any way?

The short answer is that the sign does not likely mean anything. The restaurant can refuse to serve anyone so long as it does not violate state or federal law.

Most restaurants are privately 3 owned businesses that are operated on private property. Some are privately owned, but operated on public property subject to a lease with the government. Some are owned and operated by the government. Regardless of the structure of the restaurant, all restaurants are considered under the law to be places of public accommodation, and must comply with state and federal anti-discrimination laws.

So, a restaurant is not allowed to discriminate 4 on the grounds of race, religion, gender 5, sexuality in some states, and any other class that the government in that place has deemed protected. A restaurant is legally permitted to discriminate on any other basis it wishes.

For example, many bars and clubs, also places of public accommodation, require you to dress a certain way. Some require suits, some forbid sneakers, some require you to dress in specific costumes for Halloween events, etc. This kind of classification is permitted because the purpose is to create a certain atmosphere. Some restaurants mandate 6, “no shoes, no shirt, no service” on hygiene 7 grounds. Some bars will kick you out for being too drunk and obnoxious 8. All these rules are generally OK because they do not discriminate against people on the basis of any protected class.

However, some rules might be struck down because they are proxies 9 for improper 10 discrimination. For example, a bar could not permit only blond-haired people in because in that case, the rule would affect non-white people disproportionately, and a court would likely see the rule as discriminatory.

But, the question arises whether the sign claiming the right to refuse service to anyone has any effect. Although I could not find any case on this issue, the answer is probably not. The restaurant had the right to refuse service on any non-discriminatory ground anyway, and a sign reminding patrons of this right does not give the restaurant an “extra” ability to refuse service, nor does it give the restaurant the right to break anti-discrimination laws.

The sign might serve some purpose. A manager kicking out a loud customer can point to the sign when trying to get the customer to leave. But, as mentioned, the restaurant could have kicked out the obnoxious idiot anyway.

So, the next time you see one of these signs, know that it does not have much meaning. But, for some colorful dinner conversation, ask your waiter if management has ever invoked 11 the sign when kicking someone out.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful 12 Life. You can send questions and comments to............or call them in to the voice mail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.