How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89362
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have been refused service at a restaurant in town that I

Resolved Question:

I have been refused service at a restaurant in town that I have been to hundreds of times.
They have no reason. I am the best boy! They just claim that they have the right to refuse service to anyone they want. and the small claims court in Taos, agrees with them.
This judge is NOT an atny.
I want to appeal to district court.
What is my "cause of action".

Kerry
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the NM and Federal laws, businesses open to the public have the right to allow in anyone they choose and can refuse to admit anyone they choose. The ONLY exception to this is that they cannot refuse to allow you in or serve you based SOLELY on your age/race/sex/disability/national origin/religion. Thus, in order to have a case to bring to the District Court or even possibly to the federal court, you must have evidence that you have been denied service for one of those reasons above I mentioned.

Unfortunately, absent evidence that you were refused service based on age/race/sex/disability/national origin/religion, the lower court was correctly stating to you what the law in NM and the federal laws state and I am afraid that the District Court would be bound by those same laws. Even though you feel you have been unlawfully refused, you have not mentioned any of the reasons that I mentioned above that would make they refusal to serve you unlawful. Unless you have evidence of one of those unlawful reasons, any business open to the public can refuse to serve or even admit onto the premises anyone they choose for any other reason or no reason at all and that is what the law says I am sorry to say because these businesses are private businesses even though they are open to the public.


 

If the buildings are government buildings then your argument is correct in that they cannot make you leave a government building or refuse to serve you in a government building without good cause because those are not private businesses.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.

Customer: replied 10 months ago.



http://trib.com/news/opinion/blogs/byer/why-restaurants-and-bars-are-public-places/article_ae80681f-3098-5b53-be02-ebb145b95b8b.html




As I understand it, you are wrong.

The Supreme court says that a public place is anywhere that the
public is invited to come into without an invitation.

They can not arbitrarily kick you out without a reason. And it can
not be something arbitrary like a lazy eye.

Unless they can give me a reason, they I assume that it is
antisemitism?

what else could it be?

I want them to give me a reason.



There was a really bad guy in there some years ago.

I asked why they allowed him in.

The previous owners told me that they had no right to kick him out
until he did something bad.

They said that they were watching carefully, waiting for that
reason.



Yes- iut is true that restaurants and bars hang signs saying that
they can refuse sservice,

but as far as I know- they have to ahve a good reason to kick you
out.

You smell- you are offending the girls- etc.



Where do you see this law that says that they can refuse me
service in New Mexico?

What law it that?



Can you send it to me?



Kerry

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

I never said a bar or restaurant was not business open to the public, which makes it a public place. I said that there are only certain reasons that would make it illegal for them to prohibit your entry. There is nothing in NM or federal law that says they can or cannot kick you out for any reason other than your age/race/sex/disability/national origin/religion. Nobody has an absolute right to walk into walmart and do business in there (just an example) if walmart does not want them in there for any reason other than their age/race/sex/disability/national origin/religion which are grounds protected by the Civil Rights Act from discrimination. All of the business refusing services to people cases center around the party being refused service being a member of a protected class, so absent being a member of a protected class a business reserves the right to refuse to serve anyone. See for example: http://www.forbes.com/sites/joshsteimle/2013/08/28/entrepreneurship-threatened-by-ruling-in-new-mexico-gay-marriage-case/
Customer: replied 10 months ago.

Thank you. I am really trying very hard to understand.


I must be mentally slow?


 


If I understand you correctly, they can refuse me service without any reason at all.


If they do not give a reason- than can't I assume that it is "discrimination?"


In my case- the owner was out of town, and one of the employees does not like me.


I wrote to the owner, and the owner says that he is standing by his employees decision.


IE- can they make me leave because they do not like me?


There is no waiter, bartender, or client, who will testify that I have ever been anything less than "exemplary".


I do not believe that the owner knew of this written answer. I believe that the employee wrote it without the owners knowledge or consent.


 


So- an owner can kick you out if he, or any of his employees, feels like it?


 


All the business owners in a town, can get together and kick someone out, because they do not like that person?


 


I just don't quite get it.


Please help me grasp this concept?


 


Kerry


 


 

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

You are CERTAINLY NOT mentally slow, you have been offended by the conduct of this business and are angry and upset about the way the business has treated you and are grasping for any hope of some recourse.

It is not true that if they do not give a reason then nobody can say it is illegal discrimination. You can provide evidence to prove that while they are not giving a reason, they are indeed discriminating against you based upon one of the previously mentioned illegal reasons. You can prove this by presenting witnesses to testify that they routinely refuse to serve a certain protected class of individual. Just because they say they have no reason does not necessarily make it so when there is evidence, for example, that they consistently refuse to serve people of a certain age/race/sex/disability/national origin/religion, which would controvert their claims they have no reason.

They can make you leave because they do not like you (except for the illegally discriminatory categories of course). The owner can kick you out despite what his employees say about you being a good customer based on some personal issue with you he may have and he has every right to do so as long as it is not based on you being in a legally protected class.

It is his business and he can decide who he wants in his business or not as long as it is not based on legally protected classes of individuals. So, for example, you and he (or even one of his friends) had some argument or disagreement about anything, and he does not want you in the business he can do so as well.

It is the legally protected classes who have protection from being excluded from a business based on their protected class status.
Customer: replied 10 months ago.


I fully understand.


I absolutely understand.


BUT-


Shouldn't they have to give a reason?


For example- we do not like you because you are dating my last girlfriend?


 


If they give no reason at all-


then how do I know if I am being kicked out for one of the illegal reasons.


 


Shouldn't I appeal to district court and explain that I can not provide a cause of action until they explain why I am not welcome?


 


Kerry

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

They do not have to legally give a reason, but reasons can be imputed or inferred based on how they treat others as well. If it is only you they are doing this to, then it may be hard, but if there are others then you could prove their reason through the others they are also refusing to serve.

You need to appeal, because there is a time limit to do so, but between when you appeal and your court date you need to do some investigation to find others hey have done this to you. He does not have to explain why you are not welcome, you have to show evidence that you are not welcome for illegal reasons though.
Customer: replied 10 months ago.

Last question- I thin?



How about this. The last time I was there, I came with a transsexual.


She is helping me with a musical.


We did not eat. We did not even sit down. I simply wanted her to hear the musician who was playing. We did not stay long.


 


Since this was the last time I was there, can I "infer" that they do not like transsexuals, or anyone who hangs out with them?


 


Kerry

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

I am afraid if this was just the last time and you had been refused service before, you are stretching it now.
Customer: replied 10 months ago.


No- this was the time before I was refused-


 


Kerry

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

But you are not a transsexual, so your friend would have to be refused service as well to show illegal discrimination.
Customer: replied 10 months ago.

Have you already earned your money?
Is this a NEW question?


I went to the restaurant. I got kicked out. I have eaten there for years, with numerous owners. I have always felt loved. I did not argue. I called for several days. I got no satisfaction. One employee (the cook) simply said that I could not come back, and gave no real reason. I emailed the owner and asked him to send me something in writing stating that I could not come. I got an e-letter saying that I could not come. BUT... I have very good reason to believe that he had no knowledge of this letter. I absolutely believe that the cook wrote it, and sent it from the owners email account. An owner would not have written a stupid letter like that.


Thus- I think that the owner now is saying that I can not come because he is attempting to cover up the fact that his employee kicked my out using his email address, without his knowledge or consent.


And he is effectively protecting his employee, from perhaps pretending to be him, (impersonating him) and perhaps even slander/ liable.


Today is 10 days from the ruling. I may have to announce that I intend to appeal today. If not- I will stall.


I do not know my cause of action without some discovery.


Who else have they 86ed?


I think the cook has acted independently, and tried to get me to disappear by pretending to be the owner.


Kerry

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response. I have not gotten anything for the time spent with you because in order for that to happen you need to click on good or excellent feedback, until you do so your expert gets nothing.

You do have to file a notice of appeal to start your appeal process and it is 10 days from entry of the judgment against you in the lower court.

Once you have noticed your appeal to the district court, to find out who else they have refused to serve you can serve the owner with a Request for Interrogatories and ask them to disclose the identity of anyone else refused to be served at the restaurant.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89362
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

http://trib.com/news/opinion/blogs/byer/why-restaurants-and-bars-are-public-places/article_ae80681f-3098-5b53-be02-ebb145b95b8b.html


As I understand it, you are wrong.
The Supreme court says that a public place is anywhere that the public
is invited to come into without an invitation.
They can not arbitrarily kick you out without a reason. And it can not
be something arbitrary like a lazy eye.
Unless they can give me a reason, they I assume that it is antisemitism?
what else could it be?
I want them to give me a reason.

There was a really bad guy in there some years ago.
I asked why they allowed him in.
The previous owners told me that they had no right to kick him out until
he did something bad.
They said that they were watching carefully, waiting for that reason.

Yes- iut is true that restaurants and bars hang signs saying that they
can refuse sservice,
but as far as I know- they have to ahve a good reason to kick you out.
You smell- you are offending the girls- etc.

Where do you see this law that says that they can refuse me service in
New Mexico?
What law it that?

Can you send it to me?

Kerry

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions