Should You Have A Right To Patronize A Business

[werewolffan98]

Dumb question.

I was at a sports bar and grille by myself having a few beers. A bartender told me to leave because she stated I made a negative statement about the bar to another patron. She had a misunderstanding about my conversation. I asked a few times why I was being asked to leave otherwise and further responses were inconsistant.
I know it sounds dumb and a waste of time. I just wanted to here what professionals think.

But isn't that unconstitutional Because the First Amendment says that "Freedom of speech shall not be infringed"

"Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances"

Because i think if you got thrown out,then the constitution should be thrown in the trash,because it cleary states speech cannot be infringed.

[aaron]

A bartender is not a state actor, and even when the First Amendment does apply there can be restrictions on the time, place and manner of speech.

[uwishtoo]

Dumb question.

I was at a sports bar and grille by myself having a few beers. A bartender told me to leave because she stated I made a negative statement about the bar to another patron. She had a misunderstanding about my conversation. I asked a few times why I was being asked to leave otherwise and further responses were inconsistant. My impression was the bartender was having an attitude and wanted to pull some type of power play. I was told I would be charged with trespassing the next time I step into the establishment. The bartender is not the owner. This took place in Honolulu where I live.

#1 If a local drinking establishment is open to the public, what are the rights of the bartenders/owners vs. patrons in relation to being "banned" from the establishment?

#2 If the issue bothered you enough, what would the best recourse be in gaining permission to enter the establishment? Attempt mediation with the owner? Sounds like the law is mostly in favor of the bartenders and owners.

#3 If a bartender can insinuate something about a patron, can implying something about the bartender and business be possible action while discussing the issue with the owner? Serving underage, witnessing illegal activity, public health concerns ect.

I know it sounds dumb and a waste of time. I just wanted to here what professionals think.

Basically any establishment has a right to refuse service for any reason period. You should have just gotten up and left - no arguments.

[profiler_jack]

seems the best way to take care of this issue would be to find another bar to go to........

even if you were able to find some legal option that would allow you back in, how comfortable would you be consuming food or beverage from a place that has made it clear they do not want you there?.......

[werewolffan98]

Basically any establishment has a right to refuse service for any reason period. You should have just gotten up and left - no arguments.

Well i read at one time that during the 50's and 60's that many places had signs that said "Whites Only".

[aaron]

And then the Civil Rights Act of 1964 was passed.

[uwishtoo]

Well i read at one time that during the 50's and 60's that many places had signs that said "Whites Only".

Yes, and your point would be ? It is a totally different situation asking a patron to leave for disturbing the place and discrimination. I tended bar for YEARS and it was my right to tell someone to leave or shut them off - flat out simple.

[RedT]

Yes, and your point would be ? It is a totally different situation asking a patron to leave for disturbing the place and discrimination. I tended bar for YEARS and it was my right to tell someone to leave or shut them off - flat out simple.

You can be asked to leave for any reason, except an illegal one (think civil rights act, ADA).

In this case it sounds like a realy crappy biz plan, but it is legal. Sorry. Of course, your freedom of speech allows you to tell everyone and anyone about this bar's policy

[werewolffan98]

You can be asked to leave for any reason, except an illegal one (think civil rights act, ADA).

In this case it sounds like a realy crappy biz plan, but it is legal. Sorry. Of course, your freedom of speech allows you to tell everyone and anyone about this bar's policy

How about if we stage a boycott or sit-in of the place,which a boycott would cause the pub to lose money and we can agree to meet with the owner to discuss conditions for ending the boycott like allowing at the pub and if the person still doesn't then to boycott the place somemore until the person gives in.


Because baptists have been boycotting Abercromie and fitch and it caused them to change their catalogs.

[jk]

[quote=werewolffan98;95306]How about if we stage a boycott or sit-in of the place,which a boycott would cause the pub to lose money and we can agree to meet with the owner to discuss conditions for ending the boycott like allowing at the pub and if the person still doesn't then to boycott the place somemore until the person gives in.
quote]

you can boycott all you want. you can have a sit in but if you are contemplating doing it in the bar, you will more than likely get arrested for trespass and maybe several other charges.