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 licensed¹ to practice in your jurisdiction². 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 privately³ 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 discriminate⁴ on the grounds of race, religion, gender⁵, 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 mandate⁶, “no shoes, no shirt, no service” on hygiene⁷ grounds. Some bars will kick you out for being too drunk and obnoxious⁸. 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 proxies⁹ for improper¹⁰ 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 invoked¹¹ the sign when kicking someone out.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹² 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.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 privately   

adv.以私人的身份，悄悄地，私下地

参考例句：

• Some ministers admit privately that unemployment could continue to rise.一些部长私下承认失业率可能继续升高。
• The man privately admits that his motive is profits.那人私下承认他的动机是为了牟利。

4 discriminate   

v.区别，辨别，区分；有区别地对待

参考例句：

• You must learn to discriminate between facts and opinions.你必须学会把事实和看法区分出来。
• They can discriminate hundreds of colours.他们能分辨上百种颜色。

5 gender   

n.（生理上的）性，（名词、代词等的）性

参考例句：

• French differs from English in having gender for all nouns.法语不同于英语，所有的名词都有性。
• Women are sometimes denied opportunities solely because of their gender.妇女有时仅仅因为性别而无法获得种种机会。

6 mandate   

n.托管地；命令，指示

参考例句：

• The President had a clear mandate to end the war.总统得到明确的授权结束那场战争。
• The General Election gave him no such mandate.大选并未授予他这种权力。

7 hygiene   

n.健康法，卫生学 （a.hygienic）

参考例句：

• Their course of study includes elementary hygiene and medical theory.他们的课程包括基础卫生学和医疗知识。
• He's going to give us a lecture on public hygiene.他要给我们作关于公共卫生方面的报告。

8 obnoxious   

adj.极恼人的，讨人厌的，可憎的

参考例句：

• These fires produce really obnoxious fumes and smoke.这些火炉冒出来的烟气确实很难闻。
• He is the most obnoxious man I know.他是我认识的最可憎的人。

9 proxies   

n.代表权( proxy的名词复数 )；（测算用的）代替物；（对代理人的）委托书；（英国国教教区献给主教等的）巡游费

参考例句：

• SOCKS and proxies are unavailable. Try connecting to XX again? socks和代理不可用。尝试重新连接到XX吗？ 来自互联网
• All proxies are still down. Continue with direct connections? 所有的代理仍然有故障。继续直接连接吗？ 来自互联网

10 improper   

adj.不适当的，不合适的，不正确的，不合礼仪的

参考例句：

• Short trousers are improper at a dance.舞会上穿短裤不成体统。
• Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。

11 invoked   

v.援引( invoke的过去式和过去分词 )；行使（权利等）；祈求救助；恳求

参考例句：

• It is unlikely that libel laws will be invoked. 不大可能诉诸诽谤法。
• She had invoked the law in her own defence. 她援引法律为自己辩护。 来自《简明英汉词典》

12 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。