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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a situation wherein the bar that I have been frequenting

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I have a situation wherein the bar that I have been frequenting for well over a year has now trying to impliment that I cannot come into their public establishement due to the fact that one of their bartenders/servers has started going out with me. I play free poker tournaments and pool tournaments at this same bar and will lose considerable points if I must go elsewhere. Would it not be more feasible for the owner to stipulate that on working hours employees not fraternize with significant others rather than try to make rules that state a customer cannot walk into a public establishment while their significant other is working? Wouldn't that verge on discrimination?

Thank you for your question. Please permit me to assist you with your concerns.

What you are ultimately discussing is a decision by a 'private party' establishment to create their own rule or regulation. Any private establishment can lawfully deny access to an another, without cause. To claim discrimination you must show that their decision was somehow based on your race, religion, national origin, creed, gender, or disability if any. If their decision has nothing to do with any of the factors I listed, and their decision does not appear to be directly related to any of those conditions, it is not discriminatory and therefore valid. While you can perhaps see it as discriminatory, the law would not unless you can somehow tie in their behavior to any of the factors I listed.

Because this is ultimately private property, much like your own home, the private property owner can make whatever decisions he wants about whom to invite onto the premises and whom not to invite. But because this is a commercial entity also, they are likewise limited based on discrimination laws, but beyond that they still have the choice to deny access or to eject. Therefore you would either need to discuss it with the owner and create a compromise (if they choose to agree, since it would likewise be at their discretion), or consent to their conditions.

Hope that helps.

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