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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118159
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A Friend & I went to Stewarts Ice Cream Shop on

Resolved Question:

A Friend & I went to Stewarts Ice Cream Shop on Our motorcycles to take a break after riding and grab a cup of coffee. We were out side sitting on the curb in front of our parked bikes having our coffee''s and a smoke, one of the store employees came out and told us to move almost off the property he said our smoke could get in the store. Well we thought we were singeled out they even have an ashtray next to the door and NO signs saying NO SMOKING outside.we have seen other people out side having a smoke near the door and nothing was said to them.This IS DISCRIMINATION! ane I think I have a good case what do you think?
Submitted: 9 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 years ago.
It is not discrimination and the no-smoking laws in NY have been upheld as they have een in every other part of the country. The only way it would be discrimination would be if you were barred or told to leave the property based upon your race, sex, gender preference and/or disability, other than that this happens all of the time to us smokers and it is not considered discrimination.

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