Employment Law

Me(white) and my Son (Bi-racial) walk into a restaurant. And…

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Me(white) and my Son (Bi-racial)...
Me(white) and my Son (Bi-racial) walk into a restaurant. And the man that seats us tells my son he has to go back to the car a get a proper shirt on...He was wearing a team jersey tank top which covers the whole top of his shoulder...It's not like the under shirt tank top that they call wife beaters... SO i ask the manager to show me wear the sign... Read full answer
Me(white) and my Son (Bi-racial) walk into a restaurant. And the man that seats us tells my son he has to go back to the car a get a proper shirt on...He was wearing a team jersey tank top which covers the whole top of his shoulder...It's not like the under shirt tank top that they call wife beaters... SO i ask the manager to show me wear the sign says no tank tops..He showed me then i showed him where 8 out of 10 woman that where there had spaghetti strap tops and bare top shirts with no straps at all.. Then he explained to me that it was a sanitary thing.. And so i took pictures and video of everything and didn't realize until someone told me that it might be because my son looks black...The Manager said he didn't see nothing wrong with the woman wearing close to nothing off their shoulder and said my son can not be served here.. What should i do?
Submitted: 9 years ago.Category: Employment Law
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Answered in 18 minutes by:
5/3/2010
Employment Lawyer: Barrister, Lawyer replied 9 years ago
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 48,146
Experience: 19 years practicing attorney
Verified

Hello,

.

The Civil Rights Act of 1964 explicitly prohibits restaurants from refusing service to patrons on the basis of race, color, religion, or natural origin. In addition, most courts don't allow restaurants to refuse service to patrons based on extremely arbitrary conditions. The stated dress code could be considered arbitrary if it were not enforced equally against all patrons who were similarly dressed.

.

Restaurants are also considered places of public accommodation. In other words, the primary purpose of a restaurant is to sell food to the general public, which necessarily requires susceptibility to equal protection laws. Therefore, a restaurant's existence as private property does not excuse an unjustified refusal of service. This can be contrasted to a nightclub, which usually caters itself to a specific group of clientele based on age and social status.

.

There a number of legitimate reasons for a restaurant to refuse service, some of which include:

 

Patrons who are unreasonably rowdy or causing trouble

Patrons that may overfill capacity if let in

Patrons who come in just before closing time or when the kitchen is closed

Patrons accompanied by large groups of non-customers looking to sit in

Patrons lacking adequate hygiene (e.g. excess dirt, extreme body odor, etc.)

.

In most cases, refusal of service is warranted where a customer's presence in the restaurant detracts from the safety, welfare, and well-being of other patrons and the restaurant itself.

.

If you have evidence to believe you were unjustly refused service at a restaurant, you should contact a constitutional law attorney immediately. A lawyer can help determine the existence of any unlawful discrimination, as well as the overall strength of your individual case. You would need to be able to substantiate any claim by providing proof that your son received unequal treatment because of his race rather than his attire and this might be difficult to do if they were equally enforcing their dress code against other people wearing the same type clothing..

.

Thanks.

Matt

.

.

 

I hope you have a better understanding of your legal issue. If the information given answered your question, please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. Bonuses are optional and greatly appreciated. If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 48,146
Experience: 19 years practicing attorney
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