The Right to Refuse Service: Can a Business Refuse Service to Someone Because of Appearance, Odor or Attitude?

-

Is it a violation of your civil rights for a business to refuse to serve you because of the way you look, the way you smell, or the way you act? The answer is...it depends.

The Federal Civil Rights Act guarantees all people the right to "full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, or national origin."

The right of public accommodation is also guaranteed to disabled citizens under the Americans with Disabilities Act, which precludes discrimination by businesses on the basis of disability.

In addition to the protections against discrimination provided under federal law, many states have passed their own Civil Rights Acts that provide broader protections than the Federal Civil Rights Act. For example, California's Unruh Civil Rights Act makes it illegal to discriminate against individuals based on unconventional dress or sexual preference.

In the 1960s, the Unruh Civil Rights Act was interpreted to provide broad protection from arbitrary discrimination by business owners. Cases decided during that era held that business owners could not discriminate, for example, against hippies, police officers, homosexuals, or Republicans, solely because of who they were.

In cases in which the patron is not a member of a federally protected class, the question generally turns on whether the business's refusal of service was arbitrary, or whether the business had a specific interest in refusing service. For example, in a recent case, a California court decided that a motorcycle club had no discrimination claim against a sports bar that had denied members admission to the bar because they refused to remove their "colors," or patches, which signified club membership. The court held that the refusal of service was not based on the club members' unconventional dress, but was to protect a legitimate business interest in preventing fights between rival club members.

On the other hand, a California court decided that a restaurant owner could not refuse to seat a gay couple in a semi-private booth where the restaurant policy was to only seat two people of opposite sexes in such booths. There was no legitimate business reason for the refusal of service, and so the discrimination was arbitrary and unlawful.

In one more complicated case, a court held that a cemetery could exclude "punk rockers" from a private funeral service. A mother requested that the funeral service for her 17-year-old daughter be private and that admission to the service be limited to family and invited guests only. The cemetery failed to exclude punk rockers from the service. The punk rockers arrived in unconventional dress, wearing makeup and sporting various hair colors. One was wearing a dress decorated with live rats. Others wore leather and chains, some were twirling baton-like weapons, drinking, and using cocaine. The punk rockers made rude comments to family members and were generally disruptive of the service.

Ironically, the funeral business had attempted to rely on the Unruh Civil Rights Act, claiming that if they had denied access to the punk rockers, they would have been in violation of the Act. But the court held that the punk rockers' presence had deprived the deceased person's family of the services of the business establishment, which were meant to provide comfort to grieving family members. On that basis, the court stated that the funeral business could have legitimately denied access to the punk rockers.

It's interesting to note that while it is unlawful to refuse service to certain classes of people, it is not unlawful to provide discounts on the basis of characteristics such as age. Business establishments can lawfully provide discounts to groups such as senior citizens, children, local residents, or members of the clergy in order to attract their business.

Like many issues involving constitutional law, the law against discrimination in public accommodations is in a constant state of change. Some argue that anti-discrimination laws in matters of public accommodations create a conflict between the ideal of equality and individual rights. Does the guaranteed right to public access mean the business owner's private right to exclude is violated? For the most part, courts have decided that the constitutional interest in providing equal access to public accommodations outweighs the individual liberties involved.

Comments

we re a mfger. ...we sell to distributors... can we legally refuse to sell some or all of our products to a specific distributor or group of distributors at our discretion?

It is illegal due to being part of the anti-trust, monopolistic features. Though you could probably work around it with how you do deliveries, such as pizza places only deliver so far out. Meaning that you do not have delivery of your product to that region, or you charge extra for it but it would have to be a radial distance thing as to not gerrymandering it and that would be barking up the anti-trust crap.

I am not a lawyer just giving you some advice

A business is not an individual so they are not afforded the same rights as individuals in the bill of rights. If they were afforded these rights, then they would/should also be subject to the same punishments as individuals...but that is not applicable to a business because it is a "collective unit" of individuals that are running the business. However, technically a sole prop is owned by 1 individual so they should be held to the same punishments and standards as an individual.

Just saying.

Can a business refuse to sell me goods because I shop there often? A handbag store is refusing to allow me to purchase anything from their company because they say that "...your habit of buying duplicate items suggests that you are purchasing ---- products for resale." They are basing this strictly on my buying habits and have no other reason but that for refusing to sell to me.

I am having an identical problem and would love to know what you have found out.

How silly. Who ever heard of companies turning down sales? I've had my own service business since 1979. I deal with hundreds of people in a day. I'm refused service by an online accessories company. I've contacted the ACLU, but haven't heard anything back. So far this company credited my credit card for over $2,000 worth of sales. All over a story I emailed to the person I was dealing with. For some reason, she was completely offended, over nothing. I've shared the story with many conservative people, and no one else is having a problem. It's hurtful, degrading, and absurd to be discriminated against over foolishness. I've apologized kindly and respectfully on the phone, written email apologizing again. This company's mission statement includes such words as: peace, love, compassion, forgivness. Talk about not walking the talk.

Someone PLEASE answer this question!!! I shop often at local stores and am now being denied service because I am "making a profit off their business"..... yet ..... they say (every day) how slow business is???
The funny part? They sell video games! A multi-billion dollar (per year) business that has lifted sales for everyone who participates, the world over! Little stores or big chains, gaming has been growing for years with no ceiling in sight, which begs to differ; What is this store doing to cause a lull in sales when everyone else is enjoy record profits? Maybe they're turning too much business away!
Anyway, someone please answer: Can these businesses turn us away for buying often?

Can a business refuse service to me because i turned their management into corp offices? The management team at this restaurant was running business shady and I wrote a letter to corp office to let them know of the situation. Now the restaurant is saying (through my sister, never to my face) that If I show up then they will throw me out. Never once did I complain to corp about their food. I love eating there. I also still have friends that work there. My complaint to corp was entirely about the management team. Can they refuse service to me? BTW, never once or will I ever cause a scene either. They fired me about a month ago and since i have been fired, I have eaten there at least once a week. Once they found out about the complaint, thats when I have been banned.

Thanks!

Im going thru an identical situation w a gym i used to work for. I would love to know what u found out bc theyve refused to sell me a membership.

We are a rental rehearsal space. If a renters booking is disruptive to our business, don't we have the right to refuse service.

Recently my little sister who is seventeen, went to a MacDonalds after school, they let her buy food but would not allow her to sit and eat. They say they lock the doors after school because of unruly kids. Are they allowed to assume that she is loud and unruly? which she is not, and not let her in?

Can a business or a bar deny entrance for not have a driver license? I live in California and a bar would not let me in because I didn’t have drivers license. I did have a valid CA Identification card.

Hello, do keep in mind that LegalZoom is not a law firm thus cannot give any legal advice regarding driver's licenses and identification cards. You may wish to speak to an attorney for more information on this matter. Check out our attorney referral network: http://attorneyconnect.legalzoom.com

I was thinking about a situation in my state where a privately run sports training facility that trains kids ages 8-18, refuses to train athletes that attend or are committed to attending one particular high school. The head coach at that high school also happens to run his own training facility, which makes those kids direct competitors both athletically and as a business product. Is this discrimination?

Hi Larry, thanks for your interest. We'd love to help, but our company specializes in legal documents, not legal advice. We'd be happy to help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com

I work as a checker at grocery supermarket chain. A customer keeps trying to come though my checkout line with the intention to harass me. When I notice that she is attempting to come though my line I simply ask to be relieved by another checker to avoid the situation altogether. She is trying to claim that I have to check her out. Is there any legitimacy to her claim? And what legal rights do I have?
Any advice is much appreciated!

Hi there, and thanks for your questions. We are so sorry to hear about your situation, and we'd love to help, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com

I am interested in applying for a sales agent position with Disney. Someone said they do not hire sales agent who wear makep. Is this true?never heard of that!

The answer would be, it depends. Makeup has to be natural looking and tastefully applied (ie., no Goth look, etc).

can a bussiness refuse the right to serve anyone with aids or hiv

Hi Jo, you raise a really great question, but our company only offers legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com

Do you have documents about this issue? I would like to know what rights a for-profit "private establishment" has regarding refusing for-profit services to the public. And if I need a lawyer about such Constitutional law through your referal service, how do I search for one? Constitutional lawyers are hard to find. Or, is there a way for me to find out if I am wrong (or rather, the US Supreme Court would consider me to be wrong) about for-profit "private establishments" (don't really know what that means except that they aren't owned by the government) and their requirements to adhere to such anti-discrimination laws regarding their service--specifically dress codes that are discriminatory. I would think that if they are profiting from their services, then they have to open it up to everyone. I would also think that unless there is a clear-cut detriment to their business or their clients, then they can't refuse service to someone who is paying and is acting legally. Documents would be fantastic. How to search for legal help would also be awesome.

I have a group of young kids who come to my deli and are always annoying but they never bother anyone and they buy drinks and snacks but they have been harassing my mentally retarded brother and now I really want to teach them a lesson. Could I refuse service to them for their actions or are they protected by these laws?

Hi Matt, we are sorry to hear of the situation that you are facing. Please keep in mind that LegalZoom is not a law firm and cannot provide any legal advice regarding this matter, however we have an attorney referral service that may help you. Please feel free to refer to http://attorneyconnect.legalzoom.com.

I was recently denied the right to attend vogue beauty school on the reasons of my husband also attending school at vogue. The lady at vogue just bluntly said I can't go to school because my husband doesn't want me at the same school.

I recently went to a apartment complex to put in a application. When I knocked on the door the I asked the manager for a application to rent, she told me their we no openings for this month and slammed the door in my face… I knocked again and told the manager that it was for the month of February… mind u this is the 3rd of November…. She told me to her knowledge there would be no openings and slams the door again…..so I leave and call the number posted on the sigh outside which said “apartment for lease”. The same manager answers the phone, I ask for the apartment owns number, she replies “what do u want?” and refuses to give me the number and continues to hang up on me..
Question is: can she refuse to give me a application legally? and refuse to give me information on the owner?

Hello, thanks for your question. We understand your concerns on this matter. However, because we are not a law firm we are unable to give you any legal advice. An attorney might be able to help you though. Check out: http://attorneyconnect.legalzoom.com

Is there a formal "return policy" form that I can post?

Can a business ie: gas stations, hotels or diners, refuse service to the Westboro baptist church? A religious hate group that travels and protests the funerals of military.
I'm wondering if it's possible to slow them down...

I work from home fixing computer as independent contractor. Can I deny service to an indiviudal because the last time did not paid, and insulted me for asking payment in advance for not receivig payment in the past?

I am sure you can at least make them pay the money owed before more buisness is conducted.

I am a Las Vegas software/web developer and will not sell to any company in Las Vegas and if anybody has a problem with it I just act like the biggest jerk in the world eventually driving the courting business away. My reasoning is based upon experience in working with Las Vegas companies. Generally and in my experience payments and agreements tend to be compelled with re-negotiations with every invoice so in a broad stoke of what I call regionalism I simply refuse to engage myself in business with the local businesses or professionals.

The way I see it, nobody can do anything about it.

thanks for this tips

I was wondering. Can a public venue ran by the city be used to rent out a comedy act which may appear obscene and profund to some? And if they are using the space, does the city have the right to stop the performance or cancel it due to the fact that the citizens are outraged about the performance?

Wow, that’s a rlelay clever way of thinking about it!

I have a rather interesting situation. I have been employed at an upscale restaurant for about a year, while studying in the grad school. Right before my graduation, my employment has been terminated because I called sick (I did have a doctor's notice, but they fired me anyways, because I called 2 hours in advance and not 4 hours as prescribed by the corporate policy). Nevertheless, right after that I was hired for a management position by a major software company and I've came to visit my old place with my girlfriend. We did have a good dinner, everything was great, I've paid,left a good tip and we left. In a month or so I came there with a friend of mine and one of my business partners. The manager of the place met me next to a host stand, called me aside and told me that they "cannot have me here, because employees who were involuntarily terminated cannot be served, so I will allow you in tonight, but I cannot have you here anymore". I've wrote an email to HR person asking for explanation of this company's policy and I am still awaiting a reply. But to me it seems as a clear violation of my civil rights. Can you please advise me on that?

Hi Alex85, we are are sorry to hear of the situation you experienced. We wish we could help, but since we are not a law firm we are unable to give any specific advice on this matter. However, an attorney may be able to tell you what your rights are regarding this situation. Check out http://attorneyconnect.legalzoom.com to search for an attorney to assist you.

Hi, can i refuse service to someone, if this person is using you? example, she comes into my business to sell gold, i give her a price than she walks out, and sells it to the pawnshop about a block away from me. She has done the same thing three times. Can i refused to do business with her the next time she comes in?
can you please give me some advice on this.
thank you

Hi Carlos. Thanks for your question. While LegalZoom makes creating legal documents easy and afforadble, we can't give specific legal advice about your situation. Feel free to contact our Attorney Services Department at http://attorneyconnect.legalzoom.com/ to search for an affordable attorney in your area to assist and advise you on this situation.

I was denied entrance to a restaurant/bar my the manager who also happens to be the mother of me ex girlfriend. I was completely sober, very nicely dressed, and like always, greeted warmly by the regulars who frequent the establishment. Just before sitting down at a table with a date, the manager came over and demanded that I leave, saying "you get out of here, you're not welcome anymore" I questioned her as to why but she only repeated herself. I know her very well, because, after all, her daughter and I have lived together for over three years, but I simply was not happy and broke it off. This caused trouble between her family and ME. Nothing had to do with the restaurant. Is this legal or do I have a case with under the "Federal Civil Rights Act" and/or the "UNRUH" act? Someone with real knowledge of this please give me advice. I was embarrassed in public and treated rudely at a place I where spend money frequently. I'm not looking for opinions from post trollers but real useful information from someone who is knowledgeable of this area of law. Thank you for your kind consideration and thank you in advance.
Sincerely,
Adam

pff no Government or other human being is going to tell me who I can and can not service, sorry but that is just ridiculous now I would not deny anybody service but there are people that would and if I were the one being denied I rather not go there than risk to get my food laced with spit or worse things just because they are forced to serve me by law.

i have a question about unwelcoming customer. he has came recently. He sat at bar. but did not any tip for chef. Even the chef gave him a good service. last time he came and ate food. but he said he had no wallet so he will bring it in an hour. i asked him for his cell no. he gave $20 bill before leaving. but a couple of hours later, my coworker told me that bill is fake. so i called this customer many times but he did not answer. so called the police and reported this customer about the fake money. the police came and took that money. the customer called me after that . he said that money is impossble and he will come to pay for his meal next day. so he came next day. the amount of the bill is 80 dollar. but he paid only 60 dollar. he said he already paid $20 by fake one. I told him the fake money is taken by the police. he just said he has benz car and nice house. he will bring the rest of money next monday.. How can i handle this situation? can i refuse this customer ? give me some advise ?

Hi thanks so much for your inquiry. We are sorry to hear of the situation you are facing. Since LegalZoom is not a law firm, we are unable to give any advice regarding your situation specifically, however an attorney might be able to provide you more advice. Just to let you know, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.

Question 1:

It is a violation of my rights for a job not to hire me because the hiring manager said and i quote, "You are not right for this job because you are not a people person". They had never even met me in person! Previous to applying for this job, I had worked at a hotel where I dealt with many people daily!

Question 2:

Am I allowed to refuse to pay for a cancellation fee of a service such as internet if; they had never met my satisfaction, I had brought the problems to there attention numerous times and they did nothing? I had all of my bills paid and on time every time. Am I legally still bind to the contract or do these problems legally forfeit the contract?

Thanks guys,
Nick

Can we refuse to allow a person with Hepatitus in our establishment if he is openly bleeding. I live in BC Canada

Can a hotel refuse to honor previously booked and confirmed reservations because the Manager reports--without substantiation--only his perspective, that the person has non-specified" behavior problems?

Help! While on vacation out of state I became ill with cold like symptoms. I'am a pharmacist myself so I headed straight for the nearest pharmacy. This was in Carmel, California. I approached the pharmacy counter and requested any product with sudafed in it to help with my symptoms. The clerk that waited on me gave me a once over look up and down, then claimed the pharmacy was completely sold out of all products containing Sudafed. I knew that would be a near impossible scenario so I asked to speak to the Pharmacist. He looked me straight in the eye and made the same claim after the clerk informed him of our previous conversation. He said they were completely out of product. At that point I was as mad as a hornet! I asked him just exactly what the issue was. He claimed it was a distribution problem. I then let him know that I myself was a pharmacist and I thought he was giving me the run around. I then took note of his name and purchased some other product and left. The more I thought about this the more angry I became. Returned to the same pharmacy next day at 8a.m. But this time my appearance was different I was well groomed and had makeup on. The pharmacist behind the counter sold me a sudafed product with no problem and said they had plenty in stock. That proved to me I was being discriminated against because of my appearance. I had just gotten off a long airline flight and was looking tired. California has a Unruh civil act law that would cover this? Do I have a leg to stand on to file discrimination law suit which denied me service based on appearance. They did even bother to ask me for my ID. Help!

U

i have a friend who trains in the use of firearms does he have the right to refuse someone(person,group) training if he feels they may be a threat to someone?(person,community,nation)

Can a community family resource center, funded with public funds, refuse counseling services to black and white children, because it is operating on an ethnic-specific engagement grant?

My ex girlfriend and I broke up in 08'.. It was not the friendliest breakup.. She works at a restaurant that she knows I love to go to with friends, family and co-workers.. She has told her boss that she does not want me in there just to spite me.. I guess that way she still has control over what I do.. This is a corporation.. Not just a mom and pop operation.. The manager to my knowledge has said he does not want me in there because im sure she has made up enough good stories to help him make that decision.. Is there anything I can do to get my rights back to this restaurant? I have never caused a problem of any kind at this location.. Thank You...

I am working at a salon and was forced to sign a polity (after I was hired) that I cannot service a particular person (the owner has this person's name on the policy. The owner of the salon has personal issues with this particular person that has nothing to do with the employee of the salon nor the services. Because of of hate, she banned this particular person and made all of sign a policy and I quote: " No one is allowed to rendered any services to XYZ if she requested, even if she wants to pay for the service. If any technicians does, he/she will be terminated". We all have no problem with this neighbor of ours, but because out of personal animosity, she forced us to sign a policy which i think is illegal. I feel like we are force to discriminate this person arbitrarily. I might be wrong, but I feel like this is organized discrimination against an individual brought on by he boss because of personal animosity. She uses her power and threatened us that if we don't agree to rendered services to this particular person, then we can work somewhere else. Again, I was a month before this "crazy" policy was introduced. I think this is a case of abuse of power and arbitrary discrimination that this salon owner is forcing all of to follow. Please advice.

Greatly Appreciative

hi
theres this resturant in my town that denies africanamericans entrance into the resturant... Management has even said it out their own mouth.. It really makes me sick to know there are still people in the world like this. I know its against civil rights what there doing but who do i contact to get this issue solved.. Or better yet get them shut down

Hey. It's hard for me to believe something like that would even be allowed to happen at all.. I hope they get shut down. I suggest contacting the nearest American Civil Liberties Union affiliate.

I have been actively living in the San Francisco area for five years. I have recently dealt with a situation regarding a personal dispute with an individual that caused a personal rift. Unfortunately he is also employed by a private security company that works for more then a handful of bar,clubs and restaurants. I recently tried attending a venue that the security company works and was denied access being told I was not allowed service at any venues the company works. I have never done anything illegal or threatening to cause me to be a threat for any reason. I am curious to any rights I may have regarding this matter



Please note that we can’t answer legal questions in the article comments. If you have a specific legal question, click here to connect with an attorney.

The content of this field is kept private and will not be shown publicly.