@Baldimo,
Here's the law(s) against discrimination.
The Right to Refuse Service: Can a Business Refuse Service to Someone?
by Jane Haskins, Esq., September 2007
Updated April 6, 2015
You’ve probably seen these signs at restaurants: “We reserve the right to refuse service to anyone.” Or, “No shirt, no shoes, no service.”
But what do these signs really mean? Can a business just refuse service to someone? Can they throw you out if you forgot your flip-flops on the beach? When is a refusal to serve someone justified and when is it discrimination that could lead to a lawsuit?
The issue made big headlines recently, when the state of Indiana passed its Religious Freedom Restoration Act. Gay rights activists immediately protested that the law was just a way to legalize discrimination against gays: any business owner could now refuse to serve them simply by citing a religious objection.
The law caused such a firestorm that the legislature hastily enacted an amendment clarifying that the law could not be used to discriminate on the basis of sexual preference. But with other states also considering religious freedom laws, the issue isn’t likely to go away anytime soon.
What Do the Anti-Discrimination Laws Say?
At the heart of the debate is a system of anti-discrimination laws enacted by federal, state and local governments. The entire United States is covered by the Federal Civil Rights Act of 1964, which prohibits discrimination by privately owned places of public accommodation on the basis of race, color, religion or national origin. Places of “public accommodation” include hotels, restaurants, theaters, banks, health clubs and stores. Nonprofit organizations such as churches are generally exempt from the law.
The right of public accommodation is also guaranteed to disabled citizens under the Americans with Disabilities Act, which prohibits discrimination by private businesses based on disability.
The federal law does not prohibit discrimination based on sexual orientation, so gays are not a protected group under the federal law. However, about 20 states, including New York and California, have enacted laws that prohibit discrimination in public accommodations based on sexual orientation. In California, you also can’t discriminate based on someone’s unconventional dress. In some states, like Arizona, there’s no state law banning discrimination against gays, but there are local laws in some cities that prohibit sexual orientation discrimination.
So, no matter where you live, you cannot deny service to someone because of his or her race, color, religion, national origin or disability. In some states and cities, you also cannot discriminate against people because of their sexual orientation.
If there is no state, federal or local law prohibiting discrimination in public accommodations against a particular group of people, then you can legally refuse to serve that group of people.
