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I was waiting to get my food with my wife I heard country…

Customer Question
I was waiting to get...
I was waiting to get my food with my wife
I heard country man talking got he manager about having bad people dying and it sounded more and more racist. However I kept telling my self he can't be racist cause he is talking to the manager in public and she was smiling back to him. I couldn't understand his accent well but it kept making me curious so I gave him a look and he said hi how are you, then he went back to his conversation about killing and having all people not from here dead. I still wasn't sure cause everyone could hear and I doubt my English, I gave him another look and he said I got my food already so I said okay I'm waiting on mine, then the manager joined the conversation and said that I have 4 burgers coming. Again he goes back to his conversation with her. Eventually I asked my American wife and she said that they were speaking about me. What can I do about this ?
Isn't that considered hate crime ?
Submitted: 9 months ago.Category: Legal
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Answered in 3 minutes by:
9/20/2017
Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,166
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Actually, people saying hateful things about someone is not yet a crime in this country. Had he committed some other crime against you, such as he hit you or damaged your property and he did so based on your age/race/sex/disability/national origin, then that would be a hate crime.

A hate crime is not a separate crime, it is an enhancement or addition to another crime. People still have a right of free speech in this country, no matter how ignorant their speech may be, so insulting someone is not yet against the law and even if he was talking about you just talking about you is not illegal and there is nothing you can do about it except keep avoiding ignorant people like him.

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Customer reply replied 9 months ago
I can go to a balkc person and talk bad about balkc people and say bring slavery back and it would be okay as long as I don't hit them ?
I thought the state's had better rules than this
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

You can do so and it is not illegal and as long as you do nothing else to them other than speak, the courts hold such verbal expression is protected under the First Amendment and the states are not under communist control yet, so they do not prohibit free speech pursuant to the US Constitution, regardless of what some people in this country want in prohibiting all speech that they do not agree with. Hasn't happened yet in this country.

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Customer reply replied 9 months ago
Sorry about the spelling
so you have to be physically hurt for it to be considered hate crime?
Doesn't racist talk count for other crime though
For example if I see a black person and I talk about black people and refer to them as ni**ers and say they should bring slavery back and those people shouldn't be here, would that be okay?
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for you reply.

A hate crime is NOT a separate crime. You have to have some other crime and then hate enhances the penalty of that crime.

Racist talk does not constitute a crime, despite what some liberals in the country try to claim, it is NOT against any law to make racist comments to anyone, the US Constitution First Amendment protects that speech.

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Customer reply replied 9 months ago
Okay thanks for your answers I'm really surprised about the rule though, I came from 3rd world country and thought it would be better here
I often have problems in restunants and I have lous voice when I talk, I was threatened by mangers couple of times to call cops, according to this rule I have freedom of speech to say whatever I want right? Do they have the right to kick me out cause my freedom of speech? If cops do come would I be in any trouble?
Customer reply replied 9 months ago
Okay thanks for your answers I'm really surprised about the rule though, I came from 3rd world country and thought it would be better here
I often have problems in restunants and I have lous voice when I talk, I was threatened by mangers couple of times to call cops, according to this rule I have freedom of speech to say whatever I want right? Do they have the right to kick me out cause my freedom of speech? If cops do come would I be in any trouble
I might go back and see that racist manager, wanna be sure what rights I have
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

Free speech is one of the two most sacred amendments under the US Constitution next to the right to bear arms.

If you are causing a disturbance in the restaurant if they want to do so. You have a right to say what you want to say, but they have the right to remove you if they are disturbing all of the customers in the restaurant as well. There is nothing you will gain at all by going back to see the racist manager other than causing a scene, because you are not going to change a racist idiot's opinion and mind. Just because idiots act this way does not mean you have to lower yourself to act as bad as the idiot is.

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Customer reply replied 9 months ago
Okay this becomes tricky how would you define disturbance ? If I'm just talking and just need the service I'm supposed to get . That's usually my fight with managersI'm not going there to change her mind, because like u said she probably wouldn't and j don't care about her. It's just that I go to that resistant often for the past 2 years and never had a problem before. It's five guys and I'll probably call manager to tell them about my experience. I was just asking in case I face her there
Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Thank you for your reply.

It is not very tricky at all, if you go into any establishment and cause a confrontation THAT MANAGEMENT believes is interfering with their business, they can make you leave or call the police.

I would call Five Guys corporate office and report the manager if the manager was the one making the racist comments.

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