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Banned from Patronizing a Business for No Reason

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  • 02-18-2016, 09:50 PM
    Neutral96
    Banned from Patronizing a Business for No Reason
    My question involves a consumer law issue in the State of: Virginia.

    Hello, I was recently verbally banned from a locally owned restaurant/ hookah bar. History: I used to work there. I quit and never received my last check and filed a state report against him. They couldn't do anything given the situation.

    The night it happened I went to get my extremely late W-2 and went to go sit with my friends who we're already there. The owner said "You can't go up there." When I asked why not? He said- " you just can't. You've been banned." Asked 3 times respectfully why I have been banned and he would t give me a reason. He literally waved me off and walked away. Is he allowed to do this? I've been told by multiple sources that he cannot. Thank you

    Update.
    I left without making a scene. I've never made a scene at any of the businesses. No reason for being banned
  • 02-18-2016, 10:15 PM
    Dogmatique
    Re: Banned from Patronizing a Business for No Reason
    You are entitled to be there for only as long as whoever is in charge says you can be there.

    In other words, he doesn't need a reason to ask you to leave and if you refuse he has every right to call the police to assist with your removal.
  • 02-18-2016, 10:33 PM
    Taxing Matters
    Re: Banned from Patronizing a Business for No Reason
    Quote:

    Quoting Neutral96
    View Post
    The owner said "You can't go up there." When I asked why not? He said- " you just can't. You've been banned." Asked 3 times respectfully why I have been banned and he would t give me a reason. He literally waved me off and walked away. Is he allowed to do this? I've been told by multiple sources that he cannot.

    I’ll bet none of those “multiple sources” included a lawyer. A private business may refuse to serve anyone for any reason other than a reason that constitutes illegal discrimination. Under federal law, it is illegal for a business to discriminate against you because of your race, color, national origin, religion, or disability. Under Virginia law is it illegal for a business to discriminate against you because of your race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The owner therefore may legally ban you from his place of business for any reason other than those things I just listed. More to the point, the owner may ban you because he doesn’t like how your employment with him ended, which seems to be the likely problem here. Now that you know you are banned, I suggest you not go back or risk the owner calling the police to have you charged for criminal trespass. Under Virgina law, that is a misdemeanor offense. Virginia Code § 18.2-119.
  • 02-19-2016, 05:55 AM
    Neutral96
    Re: Banned from Patronizing a Business for No Reason
    So they can just ban me for no reason. Even if I wasn't bothering anyone? He allows his a particular past employees who have literally stolen $500+ from him. So I just don't understand why he's allowed to ban me without giving ne any reason other than "I'm not allowed". I've gone in there plenty of times before and he's never said a word to me.
  • 02-19-2016, 06:05 AM
    flyingron
    Re: Banned from Patronizing a Business for No Reason
    Actually, "no reason" is one of the legal ways to ban someone. Having an illegal reason (race, nationality, etc...) is an issue.
  • 02-19-2016, 06:05 AM
    budwad
    Re: Banned from Patronizing a Business for No Reason
    Yes they can ban you for any reason or no reason at all (except for reasons that are protected by laws). This is a privately owned business and they can say who is allowed into the establishment. It is just that simple.

    If the owner said that you are banned because we don't like your hair, would that make you feel better?
  • 02-19-2016, 06:11 AM
    Neutral96
    Re: Banned from Patronizing a Business for No Reason
    Okay. Thank you everyone. I just wanted to clear things up.
  • 02-19-2016, 08:39 AM
    eerelations
    Re: Banned from Patronizing a Business for No Reason
    I'm a little concerned about this:

    "never received my last check and filed a state report against him. They couldn't do anything given the situation."

    What do you mean by this? What situation? If you're owed wages for time worked, then your former employer is legally bound to pay you, and if he doesn't, the state will force him to pay you. Why wouldn't the state do this in your case?
  • 02-19-2016, 12:19 PM
    cbg
    Re: Banned from Patronizing a Business for No Reason
    So they can just ban me for no reason. Yes.

    Even if I wasn't bothering anyone? Yes

    So I just don't understand why he's allowed to ban me without giving ne any reason other than "I'm not allowed".
    Because there is no law that says he cannot, or that says he has to give you a reason.
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