You haven't pointed out anything I don't know or contributed to the thread in a worthwhile way. And yes, you are picking on me because there are so many other people - as well as you - who are actually wrong, but you haven't said anything to them. You just want to make me feel wrong but it isn't working. Never mind, you can always **** off and troll elsewhere :-) Show
Sent from my GT-S5363 Your shop is private property. There is an implied invitation for customers to come in and shop, but you are fully entitled to ban someone from entering the premises. We explain how. Your shop is private property. There is an implied invitation for customers to come in and shop, but you are fully entitled to ban someone from entering the premises. We explain how. Your store is private property. There is an implied invitation for customers to come in and shop, but you are fully entitled to ban someone from entering the premises. There does not have to be a reason, but customers are usually banned because of theft, intimidation, disruption, drunkenness or drugs. Politely tell them that you would rather they did not come into your store any more and that if they return in the future they will be trespassing. You can then order them to leave. It is even better if you can write to the person concerned, assuming you can obtain their name and address. Send the letter from yourself or, preferably, ask your solicitor to send a letter to the person concerned. By writing to the person, it avoids confrontation and you have written proof of your actions to produce in the event of any future problems. This article is intended as a general guide only and is not meant as a substitute for proper legal or professional advice Sometimes, businesses feel like they’re doubling over backward trying to make a customer happy. Some businesses give up, and wonder can a business ban a customer? If you are a business owner and are thinking about banning a customer and want to understand the legal issues, read on for some tips. Is it Legal to Ban a Customer?A business that is a private business (meaning, unconnected to the government) absolutely has a right to refuse service, and choose who it wants to serve or not. This can include selling products, services, asking customers to leave the store’s premises, refusing to allow customers to enter, and taking other steps. Part of your rights as a business owner includes the right to choose who can and cannot come to your business, whether it is a restaurant, store or office. However, the balance between the business owners’ rights and the consumer’s rights can be delicate. The Business’s Right to Refuse ServiceA business can refuse to serve a customer, or ban service being provided to a particular customer, as long as the customer does not feel as though they are being refused service on the basis of an unlawful reason, such as their race, national origin, gender, religious background, sexual orientation, or other unlawful characteristic. As the business owner,you have the right to ask customers to leave, and you have the right to refuse service. The danger, however, is in a customer feeling as though your actions are being taken because of their race, national origin, gender, religious background, sexual orientation, or other characteristic that his protected under state law, including in California. Civil Rights under Federal law and California lawFederal law protects customers from being banned from a business under the Civil Rights Act of 1964 and also pursuant to the Americans with Disabilities Act. The Civil Rights Act provides protection that all customers are able to enjoy the “full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, or national origin.” Similarly, the Americans with Disabilities Act protects customers against discrimination based on their disability such as refusing to allow a customer with their service animal. In California, the Unruh Act similarly provides protection for individuals of diverse backgrounds, skin color, sexual orientation, religion, and other natural characteristics from being discriminated against. Essentially, this means that you can refuse service or ban a customer, but not for an unlawful reason, such as, because you do not want certain types of people in your store based on their skin color, race, religion, sexual orientation, or other basis. This includes refusing service because you do not like the person’s lifestyle, including people of diverse sexual orientation or LGBTQ status. You may have read recent stories in the news about cake decorators and wedding caterers refusing service to gay couples – this type of refusal to serve is generally unlawful because it is based on an underlying unlawful reason (i.e., sexual orientation). Valid Reasons under the Law to Ban a Customer or Refuse ServiceA business can legally ban a customer not only based on its discretion, but also for health, safety, or other similar reasons, such as the customer being unruly, disrupting the business or its operations, causing injury, stress, or upset to employees, contractors, or other customers. These are all legitimate reasons that a customer could be banned, so long as there is no federal or local civil rights being violated in the process. Overall, a business can ban a customer from their business based on their own rules, and reasons. The caveat is that business must be careful to avoid at all possible costs violating federal and state laws protecting the consumers’ civil rights.
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Read our Business FAQsOur FAQs answer the most common issues faced by businesses.We have an extensive FAQ Library that covers the most common questions we get from businesses, as well as FAQs on recent changes in law affecting businesses.
►Visit our Entire FAQ Library Our Recent ProjectsHave we counseled businesses like yours? All the time.We have represented a variety of business clients in numerous industries across multiple disciplines and practice matters. Here are some of the highlights. Can you be banned from a place for no reason?The person could be a suspected shoplifter or a troublemaker, or he can be banned for any reason, as long as it is not based on bias against a federally protected class of people.
Can a store ban someone?As a business owner or representative you may refuse entry to any person as long as the reason is not discriminatory e.g. if it is known that the person has been abusive to staff members, you can ask them to leave. This request revokes their lawful right to be there and they must be given the opportunity to leave.
How long does a ban last from a store?Practically speaking, a store ban lasts until most of the employees that worked there at the time you were banned have turned over, and the few who remain (if any) have completely forgotten about you. After 5 years you are probably pretty safe, depending on where you are talking about, but possibly much less.
Can a shop ban a customer?You are allowed to refuse to serve a customer if it is for a valid reason. However, you have to be careful to ensure you're not being discriminatory.
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